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<br />pathway on the interior levee immediately adjacent to Shearwater Parkway running for <br />approximately 400 feet from the southwesterly corner of Area H easterly along the <br />southwesterly boundary of Area H in the location described on Exhibit H to the License <br />Agreement. Thereafter, continuing in an easterly direction along the southwesterly <br />boundary of Area H immediately adjacent to Shearwater Parkway, and then turning <br />northerly at the southeastern corner of Area H and running along the inboard dredger <br />channel, Licensees shall construct an eight (8) foot wide asphalt bicycle pathway <br />meandering along the base of the existing narrow levee and edge of the dredger channel <br />and a separate six (6) foot wide pedestrian pathway of decomposed granite on top of the <br />existing narrow levee with such bicycle and pedestrian pathways being in the locations <br />described on Exhibit H to the License Agreement. All bicycle and pedestrian pathways <br />shall be constructed in a manner to permit vehicular and pedestrian access over these <br />pathways into and out of Area H to permit the future development of Area H in a manner <br />acceptable to Licensor. <br /> <br />6. Construct a four (4) foot high fence to prevent trespassing into Area H <br />approximately twenty (20) feet inland from the raised pedestrian pathways described in <br />Section 5 above. <br /> <br />7. Replace existing landscaping which is damaged or disturbed as a result of <br />construction of the BCDC Improvements with in-kind or better landscaping and plant the <br />slope of Levee Segment VII primarily with native vegetation. <br /> <br />None of the BCDC Improvements shall be commenced unless and until final precise site, <br />engineering, grading, architectural, and landscaping plans and any other relevant criteria, <br />specifications, and plan information for that portion of the BCDC Improvements have <br />been submitted to, reviewed, and approved in writing by or on behalf of BCDC and <br />Licensor. <br /> <br />P:\7140\39\lNDEMNl.AGR <br /> <br />14 <br /> <br />.-- 1r <br />