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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: <br />I. DISTRICT SHALL: <br />A. Permit the use of the portions of its rights of way <br />shown on Exhibit "A" to be used for public park purposes <br />by CITY. <br />B. Maintain the flood control channel within the rights of <br />way for flood control purposes only. <br />C. Locate DISTRICT operation and maintenance access roads <br />in a manner compatible with park purposes. <br />D. Use reasonable precaution to protect CITY's planting <br />and facilities in the course of DISTRICT operations. <br />E. Notify CITY in advance of any uses of the areas of <br />common use which will conflict with its use as a <br />public park. <br />II. CITY SHALL: <br />A. Use the area of common use in a manner which will not <br />prevent its use for or unreasonably interfere with <br />flood control. purposes, <br />B. Operate, maintain and supervise the area of common use, <br />except as stated in I-B above, including bicycle paths, <br />bridal paths, trees and other plantings, pedestrian <br />bridge, and all facilities intended for or used as a <br />part of the public park and assume all costs in <br />connection therewith. <br />C. Provide all necessary structural, sanitation, health <br />and safety measures as necessary to comply with any <br />laws, regulations, ordinances or other controls necessary <br />to the operation of said park together with all necessary <br />enforcement measures. <br />