RecDoc 2019-026562 Creekside trail mntn 707 Bradford

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trees and various colored shrubs for year round interest. The east side of the trail will be separated from the childcare center outdoor play areas by a 6 foot mental fence. 4. Temporary Construction Easement. City hereby grants to Developer a temporary construction easement ("TCE") over and across the Creekside Trail Parcel to permit Developer to construct and install the Improvements. The TCE shall terminate upon City's recordation of a Notice of Acceptance in accordance with Section 5 below. 5. Inspection and Acceptance of Improvements. The Improvements shall be completed in accordance with the Improvement Plans to the satisfaction of the City Engineer, in his or her reasonable discretion. At all times during construction and installation of the Improvements, City and its authorized agents shall be allowed to enter upon Fee Parcel Al to examine the work during reasonable business hours upon twenty-four (24) hours' written notice for the purposes of determining compliance with this Agreement. Within thirty (30) days following Developer's delivery of notice to City that the Improvements have been completed, the City Engineer or his or her designee shall inspect the Improvements. If the Improvements have been completed in accordance with the improvement plans to the satisfaction of the City Engineer, then the City Engineer shall recommend acceptance of the Improvements that are located on the Creekside Trail Parcel. Upon the City Council's acceptance of the Improvements located on the Creekside Trail Parcel, the City Engineer shall promptly record in the Official Records of San Mateo County ("Official Records") a notice of acceptance in a form approved by the City Attorney ("Notice of Acceptance"). The Parties acknowledge that although the City will inspect the Improvements located on Fee Parcel Al to ascertain if they have been satisfactorily completed, the City will not accept the Improvements located on Fee Parcel Al. 6. Warran . Developer shall warrant and guarantee all work performed and all of the Improvements installed or constructed pursuant to this Agreement for a period of one (1) year commencing upon City's acceptance of the Improvements located on the Creekside Trail Parcel pursuant to Section 5 above. If the work or Improvements prove to be defective or unsatisfactory during such period, Developer shall, without unreasonable delay, and without cost to the City, repair, replace, or reconstruct any defective or otherwise unsatisfactory components of the Improvements to the satisfaction of the City Engineer, 7. Grant of Easement. Developer hereby grants to City an irrevocable, permanent, nonexclusive easement for the benefit of the general public for pedestrian access on, over, and across Fee Parcel Al in the area depicted in Exhibit C (the "Public Access Easement"). The Public Access Easement shall be provided to permit pedestrian and bicycle access, subject to all applicable City regulations, across the portions of the Creekside Trail that will be located on Fee Parcel Al commencing upon City's final inspection and approval of the Improvements located on Fee Parcel Al, City's acceptance of the Improvements located on the Creekside Trail Parcel, and the recordation of a Notice of Acceptance pursuant to Section 5 above. 8. Easement Appurtenant; BindingEffect. ffect. This Agreement is intended to be a covenant running with the land. The benefits and burdens set forth herein shall, respectively, be binding upon, and inure to the benefit of, all successors in interest to Fee Parcel Al and the Creekside Parcel. Whenever a reference in this Agreement is made to City or Developer, such reference shall be deemed to also AM/AGR/2019.062/MP BRADFORD ASSOCIATES, L.P., - CREEKSIDE TRAIL IMPROVEMENTAGREEMENT REV: 03-20-19 PR Page 2 of 11