AGENDA PROPERTY MANAGEMENT COMMITTEE MEETING ...

property owned by the DISTRICT) provided for the enjoyment of the public, aswell as for providing maintenance of these facilities.4. As part of the foregoing joint development plan for the site, a detailed site planwill be prepared by CITY and accepted by DISTRICT, which delineates thoseareas of the entire site which are (1) areas to be dedicated exclusively forDISTRICT use; and (2) areas to be used jointly for District-related purposes andfor public use. CITY acknowledges that any joint use of DISTRICT lands musttake into account DISTRICT lessees on the DISTRICT lands, and their rightsunder DISTRICT leases and permits.5. CITY acknowledges that DISTRICT has areas adjacent to and in the vicinity ofthe Five Coves site that are planted with native plants for purposes ofenvironmental mitigation and that any use of DISTRICT lands must take intoaccount that these areas with native plants must be protected and preserved.6. CITY acknowledges that DISTRICT desires to preserve an area along thenorthwest edge of the Fives Coves site for future environmental mitigation forDISTRICT activities, and this will involve future planting with native plants.7. CITY will assume responsibility as lead agency for environmental compliance forthe recreational development of the Five Coves site and for any modificationsfrom existing use required for recreational uses. DISTRICT shall be designatedas a Responsible Agency. CITY will provide DISTRICT an administrative draftversion of any environmental documents prepared for the recreationaldevelopment and respond to DISTRICT comments on the draft documents priorto releasing the environmental documents for public review. CITY shall notpropose or agree to any mitigation measures that affect DISTRICT lands withoutprior DISTRICT approval, which may be withheld for any reason.8. To minimize the impact of construction activities upon DISTRICT’s use of theFive Coves site, the DISTRICT and CITY shall meet regularly both before andduring the construction period to discuss the construction schedule and anyimpact of construction activities upon DISTRICT use of the Five Coves Site. Theconstruction plan shall become a part of a Lease agreement to be negotiated bythe parties. CITY will indemnify the DISTRICT from damage or injuries whichoccur on DISTRICT property, which is attributable to CITY’S maintenance orconstruction operations or resulting from public use and access. DISTRICT willindemnify the CITY from damages or injury on the CITY developed areas, whichis attributable to the District’s maintenance or construction operations.9. The DISTRICT and the CITY may establish one or more joint committees toresearch or discuss any aspect of the issues pertinent to the joint use of the FiveCoves site. Any recommendations by such committees shall not be binding uponthe parties unless and until incorporated into the Lease agreement for thefacilities.