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A G R E E M E N T <br />THIS AGREEMENT, made and entered into this <br />day of, <; 1cr ,5, by and between the City of Redlands, hereinafter <br />referred to as "CITY" and the San Bernardino County Flood Control. <br />District, hereinafter referred to as "DISTRICT", <br />W I T N E S S E T H <br />WHEREAS, DISTRICT is acquiring rights of way for the Zanja <br />Channel in the City of Redlands between University Street and <br />Wabash Avenue; and, <br />WHEREAS, CITY proposes to use in common with DISTRICT portions <br />of said rights of way for public park purposes; and, <br />WHEREAS, CITY is willing to develop a plan compatible with <br />DISTRICT uses and purposes for said park purposes and to construct, <br />operate and maintain said park so as not to unreasonably interfere <br />with DISTRICT purposes; and, <br />WHEREAS, CITY is willing to assume all responsibility and <br />liability associated with the park uses; and, <br />WHEREAS, DISTRICT is willing to permit such uses, providing <br />they do not conflict with DISTRICT uses or facilities within the <br />rights of way; and, <br />WHEREAS, the area of common use are shown in color on the <br />attached map, entitled Exhibit "A", and made a part hereof; and, <br />WHEREAS, it is the best interest of both parties to set forth <br />the terms and conditions of such common use of DISTRICT's rights <br />Of Way; <br />