25E - AGMT - OPERATION AND MAINTENANCE OF PROPERTIES

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Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana AGREEMENT This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of identification hereby number D12-015 and dated day of 2012, is BY and BETWEEN The ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT", and The CITY OF SANTA ANA, a charter city, hereinafter referred to as "CITY," which are sometimes individually referred to as "PARTY," or collectively referred to as "PARTIES." RECITALS WHEREAS, CITY approved the Santa Ana River Vision Plan on August 7, 2006 which is shown on Exhibit A, hereinafter referred to as "PLAN", indicating proposed bikeways and trails along and adjacent to the Santa Ana River within CITY boundaries; WHEREAS, CITY is seeking funding opportunities to implement those trails in order to provide increased opportunities for outdoor recreation and non-vehicular transportation for the general public; WHEREAS, CITY also desires to construct bikeway and trail improvements within or adjacent to other DISTRICT right of way within City boundaries; WHEREAS, CITY completed the construction of a bikeway adjacent to DISTRICT's Santa Ana- Delhi Channel (F01) within DISTRICT right of way from Railroad to McArthur Blvd, shown on Exhibit B, in 2010 per Orange County Property Encroachment Permit No. 2008-00750; WHEREAS, CITY agreed to hold DISTRICT harmless for CITY's use of bikeway and agreed to be responsible, at its own expense, for the operation and maintenance of the bikeway per Orange County Property Encroachment Permit No. 2008-00750; WHEREAS, CITY and DISTRICT entered into a Lease Agreement on September 28, 2010 whereby CITY leased Parcels R1551 and R1553 which is Edna Park, and Parcel R1552 shown on Exhibit C from DISTRICT for the use of the surface as a non-revenue generating public park facility; -2IF-0f3-