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as measured twelve (12) inches above ground level, without the prior written <br />consent of the District. <br />VIII. <br />The City's right to the use and enjoyment of the public hike and <br />bike path for the purpose herein stated is expressly limited to the <br />District's right, title and interest in and to the said lands, and the <br />District makes no representation or warranty as to its right, title or <br />interest in and to said lands. <br />IX. <br />The District has advised the City and the City is aware that the <br />District acquired the hereinabove described lands for flood control and <br />drainage use. The District presently uses the hereinabove described lands <br />for maintenance of F216-00-00 and it contemplates future use thereof for <br />widening of the said drainage unit as the need for the same may arise and <br />funds may be available. The District hereby expressly reserves to itself, <br />its officers, employees, agents, and contractors, the right to enter upon <br />said lands and path at any time for any purpose necessary or convenient in <br />connection with drainage and flood control work, to flood said lands and <br />path, and/or to make such other use of said lands and path as may be <br />necessary or desirable in connection with drainage and flood control without <br />further notice to the City or the public. <br />-Page 5- <br />