Laserfiche WebLink
Agreement No. D12-015 <br />Bikeways and Trails in the City of Santa Ana <br />ARTICLE 3 <br />REPRESENTATIVES <br />3.1. DISTRICT REPRESENTATIVE <br />Director of Orange County Public Works Department or his designee, hereinafter referred to as <br />"DIRECTOR," shall be DISTRICT's representative in all matters pertaining to this AGREEMENT. <br />3.2. CITY REPRESENTATIVE <br />The Santa Ana City Manager, or an authorized designee, hereinafter referred to as "CITY <br />OFFICER" shall be CITY's representative in all matters pertaining to this AGREEMENT. <br />ARTICLE 4 <br />USE OF PREMISES BY CITY AND GENERAL PUBLIC <br />4.1. PERMITTED USES <br />CITY shall be permitted to use the PREMISES to build, operate and maintain RECREATION <br />IMPROVEMENTS for use by the general public. <br />4.2. CITY'S RIGHTS ARE NONEXCLUSIVE <br />CITY's use of the PREMISES shall be nonexclusive and CITY acknowledges that the primary <br />purpose of DISTRICT's right of way, including, but not limited to PREMISES is for flood control <br />purposes and to protect the safety, health and welfare of the public. Consequently, DISTRICT <br />reserves the right in its sole and absolute discretion to use the PREMISES as necessary to <br />access, construct, improve, expand, enlarge, repair, and maintain the DISTRICT flood control <br />facilities, and all other purposes permitted by law. At its own expense, CITY shall be responsible <br />for the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the <br />RECREATION IMPROVEMENTS whenever DIRECTOR determines such RECREATION <br />IMPROVEMENT on PREMISES conflicts with DISTRICT purpose as described above, and CITY <br />agrees to indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT harm less <br />from any and all claims, losses, or liabilities, arising from alleged injury or damage to persons or <br />- Page 4 of 23 -