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permit the fee to be deferred. Any deferred amounts shall accrue and shall be payable from future Project cash flow. 5.21 Childcare Center; Commercial Space. Developer will cause the ground floor commercial space in the Project to be constructed and improved in a manner suitable for operation of a childcare center. Subject to design review and City Council approval of funding, the City may provide a grant of City childcare funds in an amount not to exceed Three Hundred Thousand Dollars ($300,000) to defray costs associated with development of such facility. Developer may apply to City for additional funds. The release of any such funds, if awarded, shall be conditioned upon Developer's delivery to City of a copy of a fully-executed lease requiring a childcare provider to use the facility for operation of a childcare center for a term of at least twelve ( 12) months. Developer will undertake reasonable efforts to lease the commercial space to a childcare provider. If no childcare tenant is identified within twelve ( 12) months following issuance of the final certificate of occupancy for the Project, Developer may lease the commercial space to a not- for-profit tenant approved by the City, with such approval not to be unreasonably withheld or delayed. 5 .22 Publicly-Accessible Creekside Trail. The Creekside Trail Parcel will remain subject to the State Lands Trust. At closing for conveyance of the Property, City and Developer will enter into a license agreement ("Creekside Trail Improvement Agreement") pursuant to which Developer shall cause the Creekside Trail Parcel and the eastern most portion of Fee Parcel Al to be improved as a publicly-accessible creekside trail ("Creekside Trail") in accordance with plans approved by City and at Developer expense. Subject to design review and City Council approval of funding, the City may provide a grant of City parks funds in an amount not to exceed Three Hundred Thousand Dollars ($300,000) to defray costs associated with development of the Creekside Trail . The Creekside Trail Improvement Agreement shall provide all of the following: (i) Following completion of construction of the Creekside Trail and City's inspection and acceptance of the improvements located on the Creekside Trail Parcel in accordance with the Creekside Trail Improvement Agreement, City shall be responsible for maintenance of the Creekside Trail Parcel and that portion of the Creekside Trail that is located on the Creekside Trail Parcel at City expense. Developer shall be responsible for maintenance of that portion of the Creekside Trail that is located on Fee Parcel Al . City shall not accept any improvements related to the Creekside Trail that are located on Fee Parcel Al ; (ii) If City fails to reasonably maintain the portion of the Creekside Trail located on the Creekside Trail Parcel, Developer may deliver notice to City of such deficiency, and if City does not commence corrective action with 90 days following delivery of such notice, Developer shall have the right, but not the obligation, to perform maintenance to the portion of the Creekside Trail located on the Creekside Trail Parcel, and to be reimbursed by City for Developer's reasonable costs incurred in connection with such maintenance upon delivery to City of copies of invoices, contracts, and such other documentation as City may reasonably require; (iii) Developer shall warrant and guarantee all work performed and improvements installed or constructed by Developer or Developer's contractors or agents pursuant to the Creekside Trail Improvement Agreement for a period of one ( 1 ) year commencing upon City's final inspection and acceptance of the Creekside Trail improvements that are located on the Creekside Trail Parcel; ATY/AGR/2017.218/RWC — BRADFORD — DDA REV: 09-18-17 VR Page 20 of 94