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Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />ARTICLE 7 <br />TERMINATION <br />7.1. TERMINATION BY DISTRICT <br />CITY acknowledges that the primary purpose of the PREMISES is for flood control purposes. <br />CITY agrees that DISTRICT may terminate this AGREEMENT without liability if DISTRICT <br />determines in its sole and absolute discretion that PREMISES are needed to reconstruct, modify, <br />repair, expand, improve or enlarge DISTRICT's facilities and the RECREATION <br />IMPROVEMENTS cannot be relocated so as not to interfere with DISTRICT's reconstructed, <br />modified, repaired, expanded, improved or enlarged facilities. If RECREATION IMPROVEMENTS <br />can be relocated without interfering with DISTRICT's reconstructed, modified, repaired, <br />expanded, improved or enlarged facilities, CITY may relocate the RECREATION <br />IMPROVEMENTS to a location approved in advance in writing by DISTRICT within ninety (90) <br />days of being notified by DISTRICT. CITY shall be solely responsible for all costs and expenses <br />related to or arising from relocating the RECREATION IMPROVEMENTS, including but not <br />limited to, the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the <br />RECREATION IMPROVEMENTS. DISTRICT shall notify CITY of its intention to terminate the <br />AGREEMENT pursuant to this section by giving CITY ninety (90) days written notice. <br />7.2. TERMINATION BY CITY <br />CITY may terminate this AGREEMENT by giving DISTRICT ninety (90) days written notice. In <br />the event of such termination by CITY, CITY shall remove any improvements that it has placed on <br />the PREMISES if requested by DISTRICT and restore the PREMISES to the condition that <br />existed prior to this AGREEMENT. This obligation to restore the PREMISES shall survive the <br />termination of this AGREEMENT. <br />- M??of 73 -