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Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />A-2012-185 <br />AGREEMENT <br />This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of identification <br />hereby number D12-015 and dated A5 A^day ofscf-TE-m EK, 2012, is <br />BY and BETWEEN <br />and <br />The ORANGE COUNTY FLOOD CONTROL <br />DISTRICT, a body corporate and politic, <br />hereinafter referred to as "DISTRICT", <br />The CITY OF SANTA ANA, a charter city, <br />hereinafter referred to as "CITY," <br />which are sometimes individually referred to as "PARTY," or collectively referred to as "PARTIES." <br />RECITALS <br />WHEREAS, CITY approved the Santa Ana River Vision Plan on August 7, 2006 which is shown <br />on Exhibit A, hereinafter referred to as "PLAN", indicating proposed bikeways and trails along and <br />adjacent to the Santa Ana River within CITY boundaries; <br />WHEREAS, CITY is seeking funding opportunities to implement those trails in order to provide <br />increased opportunities for outdoor recreation and non-vehicular transportation for the general public; <br />WHEREAS, CITY also desires to construct bikeway and trail improvements within or adjacent to <br />other DISTRICT right of way within City boundaries; <br />WHEREAS, CITY completed the construction of a bikeway adjacent to DISTRICT's Santa Ana- <br />Delhi Channel (F01) within DISTRICT right of way from Railroad to McArthur Blvd, shown on Exhibit B, in <br />2010 per Orange County Property Encroachment Permit No. 2008-00750; <br />WHEREAS, CITY agreed to hold DISTRICT harmless for CITY's use of bikeway and agreed to <br />be responsible, at its own expense, for the operation and maintenance of the bikeway per Orange County <br />Property Encroachment Permit No. 2008-00750; <br />WHEREAS, CITY and DISTRICT entered into a Lease Agreement on September 28, 2010 <br />whereby CITY leased Parcels R1551 and R1553 which is Edna Park, and Parcel R1552 shown on Exhibit <br />C from DISTRICT for the use of the surface as a non-revenue generating public park facility; <br />-Page 1 of 23 -