Term and Rights Granted. For each Joint Trails Project identified in Exhibit A, as it may be revised from time to time by mutual agreement of the parties, the District hereby grants the following rights to the City on District property and the City here grants the following rights to the District on City property for a period of no less than twenty-five (25) years: (i) the right to construct, operate and maintain the Recreational Improvements and Environmental Improvements; and (ii) right of the public to use the Recreational Improvements for recreational purposes, all pursuant to the terms of this Agreement. This Agreement and any Joint Trails Project Plan and Agreement may be terminated by mutual agreement to terminate, evidenced in writing executed by both parties. Upon termination of this Agreement or termination of a Joint Trails Project Plan and Agreement, the Recreational Improvements related to the Joint Trails Project District Property shall be removed by the City, leaving the premises in a condition as near as reasonably possible to their condition prior to such Recreational Improvements unless otherwise agreed upon. Upon City’s request, Environmental Improvements installed on City property shall be removed by District, upon termination of this Agreement or termination of a Joint Trails Project, unless otherwise agreed upon. If District, in the interest of District’s mission and in the exercise of lawful powers granted under the Santa Cxxxx Valley Water District Act of the California Water Code, as it may be amended from time to time, requires that such a Recreational Improvement on a Joint Trails Project be removed, the same shall be done at City's expense upon reasonable notice from District. If any Federal, State or Local Grant funding agency or funding entity requires that the grantee (both the city and the District) commit to replace the Recreational Improvements funded under that grant, the grantee shall be responsible for replacement of the Recreational Improvements and the other party hereto shall cooperate in the replacement of the Recreational Improvements, unless otherwise agreed upon.
Term and Rights Granted. A Valley Water Property: Pursuant to the Joint Trails Project identified and described in Exhibit 2, and subject to the terms of this Agreement and the Collaborative Agreement, Valley Water hereby grants to City the following rights on the identified Valley Water Property for a period of twenty five (25) years: (i) the right to construct, operate and maintain the Recreational Improvements; and (ii) right of the public to use the Property and Recreational Improvements for recreational purposes. The term may be extended by mutual written agreement of both parties. This Agreement may be modified or terminated without cause by mutual agreement, evidenced in writing, executed by both parties. It may also be terminated for cause by either party as follows: if after the parties have followed the dispute resolution procedures set forth in the Collaborative Agreement, the parties have not reached agreement on an alleged material breach of this Agreement, then the non-defaulting party may provide notice of default to the other party, which notice shall specify the material breach. If the defaulting party has not cured the material breach within 30 days of the notice of default, or if the breach is not reasonably curable within 30 days, the non-defaulting party may deliver a written termination notice, with the termination effective sixty (60) days from the date of the termination notice. For the purposes of this Agreement, "cause" or "default" means material breach of the provisions of the Agreement.
Term and Rights Granted
