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Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />DISTRICT's facilities; (3) where the design shall be based on established criteria and standards <br />and all other applicable rules and regulations governing the design and construction of this type <br />of bike trails. Approval of the plans and specifications of RECREATION IMPROVEMENTS shall <br />be within DIRECTOR'S sole and absolute discretion. CITY acknowledges, however, that the <br />design of RECREATION IMPROVEMENTS was/will not be prepared by DISTRICT and that <br />DISTRICT's approval of the plans and specifications shall not be deemed the approval of <br />RECREATION IMPROVEMENTS safety, suitability for the bike trail purpose or any other <br />purpose, or compliance with the engineering requirements of any governmental agency or <br />regulation. Consequently, CITY agrees that CITY is solely and absolutely responsible for design, <br />construction and operation of RECREATION IMPROVEMENTS. <br />Said plans and specifications shall be submitted by CITY for DISTRICT's review via an <br />encroachment permit application through OC Public Works' County Property Permits section and <br />shall be subject to applicable permit and inspection fees. <br />8.3. OTHER APPROVALS FOR RECREATION IMPROVEMENTS <br />CITY shall be responsible at its sole cost and expense to secure and comply with any other <br />approvals required to construct, operate and/or maintain its RECREATION IMPROVEMENTS. <br />DISTRICT is not responsible for obtaining any such approvals nor shall DISTRICT be named as <br />co-applicant in any regulatory agreement or permit applications. <br />CITY and DISTRICT mutually agree that DISTRICT, as the property owner/easement holder, <br />authorizes CITY to serve as the Legally Responsible Person (LRP) defined by the Construction <br />General Permit (CGP), Order No. 2010-0014-DWO for CITY's RECREATION IMPROVEMENTS <br />on PREMISES. CITY shall be responsible, at its sole cost and expense, to comply with all <br />requirements by the State Water Resources Control Board. <br />CITY shall be responsible to satisfy all the requirements of any such agreements and/or permits <br />and satisfy any conditions imposed by any regulatory agency for the issuance of any such <br />approvals. CITY shall not agree to any conditions that impose any obligations on DISTRICT. <br />- Page 9 of 23 -