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4. Use of Citv Pronertv. <br />A. Authorized Activities on the Citv Property. LICENSEE may enter and use the City <br />Property (a) for the purpose of constructing and maintaining the Public Access Trail and <br />(b) for the purpose of constructing and maintaining any Permitted Alterations (as defined <br />below) (all such permitted uses pursuant to this sentence, "Activities"). LICENSEE shall <br />not engage in any other uses of the City Property and shall not make any other <br />improvements or alterations. <br />B. Public Access. LICENSEE will, at its sole cost and expense, construct and maintain <br />a portion of the Public Access Trail across the City Property (the "Trail Segment"). <br />LICENSEE shall maintain the Trail Segment at its sole expense by taking all necessary <br />steps to reconstruct, resurface, repair, replace or otherwise maintain the Trail Segment in a <br />condition that is good, safe, and suitable for public enjoyment. LICENSEE shall, at all <br />times, allow the public to use the Trail Segment, including use by pedestrians, bicycles, and <br />other non -motorized vehicles, provided that LICENSEE may set reasonable hours <br />restrictions for public use of the Trail Segment, so long as such hour restrictions are no <br />more restrictive than any reasonable hours restrictions placed upon the entire Public Access <br />Trail in any Declaration of Covenants, Conditions and Restrictions recorded on the property <br />containing the Blu Harbor Project. <br />C. Alterations. LICENSEE shall make the alterations contemplated in (a) the Blu <br />Harbor Residential Community On-site Improvement Plans dated June 5, 2015, attached <br />hereto as Exhibit D and incorporated herein by reference and (b) Demolition and Rough <br />Grading Package for Blu Harbor Residential Community dated March 11, 2015, attached <br />hereto as Exhibit E and incorporated herein by reference (improvements contemplated in <br />Exhibit D and Exhibit E, collectively, the "Plan Alterations'). LICENSEE may make other <br />alterations, additions, improvements or other changes on or with respect to the City Property <br />only with CITY's prior written consent, which CITY may withhold in its sole and absolute <br />discretion (such approved alterations, the "Secondary Alterations" and, together with the <br />Plan Alterations, "Permitted Alterations"). Required consent to any Secondary Alterations <br />will include, but not necessarily be limited to, approval by the City Engineer based on sound <br />engineering practices. All Permitted Alterations will be made and maintained in accordance <br />with all applicable Laws; in accordance with the terms of any relevant governmental <br />permits, approvals or licenses; in a good and workmanlike manner; and at the sole cost and <br />expense of LICENSEE. LICENSEE will maintain any Permitted Alterations in good <br />condition and repair and in safe condition at its sole cost and expense. Upon termination of <br />this Agreement, removal and/or surrender of the Permitted Alterations will be governed by <br />the terms of Section 3B. No compensation will be owed to LICENSEE in any event for any <br />Permitted Alterations made by LICENSEE to the City Property. Any damage caused by the <br />installation or removal of Permitted Alterations shall be repaired by LICENSEE to the <br />reasonable satisfaction of the City Manager at LICENSEE's sole cost and expense. <br />D. Subiect to CITY Uses. CITY reserves the right to use the City Property in common <br />with LICENSEE. The permission granted by this Agreement is non-exclusive in nature. City <br />reserves the right to open the City Property to the public or enter into agreement with other <br />Page 3 of 17 <br />REV: 05-01-1715 <br />ATTY/AGR/2017.074/BLU HARBOR LICENSE AGREEMENT <br />