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Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />WHEREAS, CITY may in the future desire to construct bikeway and trail improvements adjacent <br />to Greenville Banning Channel (D03), Santa Ana River Channel (E01), Santa Ana Delhi Channel (F01), <br />and Santa Ana Gardens Channel (F02) within DISTRICT's right of way within CITY's boundaries, as <br />depicted on Exhibit D; <br />WHEREAS, CITY desires to enter into this AGREEMENT with DISTRICT for the operation and <br />maintenance of all existing and future recreation improvements, except regional bikeway/trail system <br />along Santa Ana River which is currently operated and maintained by OC Parks, including but not limited <br />to the improvements included within the PLAN shown on Exhibit A, completed bikeway adjacent to <br />DISTRICT's Santa Ana-Delhi Channel (F01) shown on Exhibit B, Edna Park shown on Exhibit C), <br />adjacent to Greenville Banning Channel (D03), Santa Ana River Channel (E01), Santa Ana Delhi Channel <br />(F01), and Santa Ana Gardens Channel (F02) within DISTRICT's right of way in CITY's boundaries <br />(hereinafter collectively referred to as "RECREATION IMPROVEMENTS") and adopting a process for <br />DISTRICT to process encroachment permits allowing CITY to design and construct the RECREATION <br />IMPROVEMENTS as funding becomes available; and <br />WHEREAS, DISTRICT has determined that the recreational uses and RECREATION <br />IMPROVEMENTS proposed and/or constructed by CITY will not impair or diminish existing or probable <br />future requirements for flood control protection provided such RECREATION IMPROVEMENTS are <br />constructed in accordance with DISTRICT requirements as determined by DISTRICT in its sole discretion <br />and RECREATION IMPROVEMENTS are designed, constructed, operated, maintained and used in <br />accordance with the terms and conditions of this AGREEMENT. <br />NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: <br />The intentions of the PARTIES as described in the above recitals are incorporated into this <br />AGREEMENT. <br />- Page 2 of 23 -