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DMF/fm. <br />._ .. 8/14/78 <br />AGREEMENT FOR DEVELOPMENT <br />OF AN EXERCISE TRAIL <br />THIS AGREEMENT, made and entered into this <br />day of Z- 1978, by and between the City of <br />Santa Ana, a municipal corporation of the State of California <br />("CITY"), J. C. Penney Company, Incorporated, ("PENNEY"), <br />and the Santa Ana Junior Chamber of Commerce, a non-profit <br />organization ("SAJC"), <br />W I T N E S S E T H <br />Recitals: " <br />A. PENNEY, SAJC and CITY desire to develop a physical <br />conditioning course of one to two miles ("Exercise Trail") <br />on CITY real property for the use of the general public. <br />B. Each of the parties to .this agreement desires <br />to accept certain responsibilities with respect to the <br />planning, construction and maintenance of the Exercise <br />Trail. <br />WHEREFORE, in consideration of the respective and <br />mutual covenants and promises hereinafter contained and <br />made, and subject to all the terms and conditions hereof, <br />the parties hereto agree as follows: <br />I <br />PENNEY' s DITTIES <br />PENNEY agrees to: <br />1. Assist in formulating a master plan for the <br />development and construction of the Exercise Trail, said <br />plan to contain the layout for the Exercise Trail and to <br />indicate the materials to be used in the construction <br />thereof. <br />2. Provide signs for marking the trail and for each <br />exercise station. <br />3. In the sole discretion of PENNEY, provide funds <br />for construction materials, or any of them, or any of the <br />construction materials themselves. <br />4. Designate a representative to coordinate PENNEY's <br />contributions to the construction of the Exercise Trail. <br />f. Provide publicity materials and assistance in <br />planning the grand opening everts of the Exercise Trail. <br />-1- <br />