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Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />for the cost of such repair, restoration or replacement in accordance with the procedures <br />described above. <br />8.5. MAINTENANCE OF RECREATION IMPROVEMENTS <br />CITY shall be solely responsible at its sole cost and expense for the operation, maintenance, <br />repair, relocation, and/or replacement of RECREATION IMPROVEMENTS on PREMISES. <br />8.6. DISTRICT'S RIGHTS TO REMOVE/RELOCATE RECREATION IMPROVEMENTS <br />Parties acknowledge that DISTRICT's 7-Year Plan, which indicates DISTRICT facilities to be <br />improved within seven (7) years, may require removal or relocation of RECREATION <br />IMPROVEMENTS. DISTRICT shall notify CITY if DISTRICT's plans will impact RECREATION <br />IMPROVEMENTS. If DIRECTOR in his sole and absolute discretion determines use of CITY <br />RECREATION IMPROVEMENTS must be prevented for any reason, or must be modified, <br />relocated or removed in whole or in part, DISTRICT shall notify CITY in writing and CITY shall <br />modify, relocate or remove all or a portion of RECREATION IMPROVEMENTS as directed by <br />DIRECTOR at CITY's sole cost and expense within ninety days (90) calendar days of the date of <br />DIRECTOR's written notification to CITY or within a longer time period if agreed to by <br />DIRECTOR. CITY agrees that in an emergency situation which threatens the public's health, <br />safety or welfare as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR <br />shall be permitted to prevent use of, or cause modification, relocation or removal of all or a <br />portion of RECREATION IMPROVEMENTS without prior notice to CITY. DISTRICT will endeavor <br />to notify CITY of its intent to remove CITY RECREATION IMPROVEMENTS as soon as <br />practicable but in no case shall such notice be provided greater than thirty days (30) after <br />DISTRICT modifies relocates or removes such RECREATION IMPROVEMENTS. DISTRICT <br />shall close RECREATION IMPROVEMENTS to the public after any modification, relocation or <br />removal of RECREATION IMPROVEMENTS until CITY and DISTRICT agree to re-open it. CITY <br />agrees that if any of RECREATION IMPROVEMENTS are disturbed, damaged or removed by <br />DISTRICT for proper DISTRICT purpose as described in Paragraph 4.2, above, CITY shall <br />- Page 12 of 23 -