Common use of DISTRICT REVIEW AND APPROVAL OF RECREATION IMPROVEMENTS Clause in Contracts

DISTRICT REVIEW AND APPROVAL OF RECREATION IMPROVEMENTS. Prior to the construction of any RECREATION IMPROVEMENTS on PREMISES, CITY shall submit the plans and specifications for RECREATION IMPROVEMENTS to DIRECTOR for his review and approval. RECREATION IMPROVEMENTS shall be designed and constructed: (1) so as to assure that they do not interfere with the flood control purposes of DISTRICT facilities; (2) so as not to interfere with or increase the cost to DISTRICT for the maintenance or operation of DISTRICT’s facilities; (3) where the design shall be based on established criteria and standards and all other applicable rules and regulations governing the design and construction of this type of bike trails. Approval of the plans and specifications of RECREATION IMPROVEMENTS shall be within DIRECTOR’s sole and absolute discretion. CITY acknowledges, however, that the design of RECREATION IMPROVEMENTS was/will not be prepared by DISTRICT and that DISTRICT’s approval of the plans and specifications shall not be deemed the approval of RECREATION IMPROVEMENTS’ safety, suitability for any purpose, or compliance with the engineering requirements of any governmental agency or regulation. CITY agrees that CITY is solely and absolutely responsible for design, construction and operation of RECREATION IMPROVEMENTS. Said plans and specifications shall be submitted by CITY for DISTRICT’s review via an encroachment permit application through OC Public Works’ County Property Permits section and shall be subject to applicable permit and inspection fees.

DISTRICT REVIEW AND APPROVAL OF RECREATION IMPROVEMENTS. Prior to the construction of any RECREATION IMPROVEMENTS on PREMISES, CITY shall submit the plans and specifications for RECREATION IMPROVEMENTS to DIRECTOR for his review and approval. RECREATION IMPROVEMENTS shall be designed and constructed: (1) so as to assure that they do not interfere with the flood control purposes of DISTRICT facilities; (2) so as not to interfere with or increase the cost to DISTRICT for the maintenance or operation of DISTRICT’s facilities; (3) where the design shall be based on established criteria and standards and all other applicable rules and regulations governing the design and construction of this type of bike trails. Approval of the plans and specifications of RECREATION IMPROVEMENTS shall be within DIRECTOR’s sole and absolute discretion. CITY acknowledges, however, that the design of RECREATION IMPROVEMENTS was/will not be prepared by DISTRICT and that DISTRICT’s approval of the plans and specifications shall not be deemed the approval of RECREATION IMPROVEMENTS’ IMPROVEMENTS safety, suitability for any purposethe purpose for which they were constructed, or compliance with the engineering requirements of any governmental agency or regulation. Consequently, CITY agrees that CITY is solely and absolutely responsible for design, construction and operation of RECREATION IMPROVEMENTS. Said plans and specifications shall be submitted by CITY for DISTRICT’s review via an encroachment permit application through OC Public Works’ County Property Permits section and shall be subject to applicable permit and inspection fees.