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mean a reference to the successors in interest of each such Party, as applicable, as if in every case so
<br />expressed.
<br />9. No Barriers. Developer agrees that except as expressly provided in the Improvement Plans,
<br />or as temporarily and reasonably necessary for maintenance, repair or replacement, no wall, fence,
<br />or barrier of any kind that impairs or impedes permitted access to, or use of, the Public Access
<br />Easement shall be constricted or maintained on or adjacent to the Public Access Easement, nor shall
<br />Developer do anything that will prevent, impair, or discourage the use of, or free access and
<br />movement across, the Public Access Easement.
<br />10. Maintenance
<br />Developer shall be responsible for maintenance of that portion of the Creekside Trail and the
<br />improvements that are located on Fee Parcel Al at Developer's sole cost and expense. Following
<br />City's acceptance of the Improvements located on the Creekside Trail Parcel pursuant to Section 5,
<br />City shall be responsible for maintenance of the Creekside Trail Parcel and the Improvements located
<br />on the Creekside Trail Parcel at City's sole cost and expense.
<br />Upon acceptance of the Improvements located on the Creekside Trail Parcel, subject to the
<br />warranty obligations of Developer set forth herein, the City will be responsible at its sole cost for
<br />operation, use, security, safety, maintenance, repair, replacement, reconstruction, removal of the
<br />Improvements located on the Creekside Trail Parcel.
<br />If City fails to reasonably maintain the portion of the Creekside Trail and the Improvements
<br />located on the Creekside Trail Parcel, Developer may deliver notice to City of such deficiency, and
<br />if City does not commence corrective action with ninety (90) days following delivery of such notice,
<br />Developer shall have the right, but not the obligation, to perform reasonably required maintenance,
<br />repair, or replacement to the portion of the Creekside Trail and the lmprovements located on the
<br />Creekside Trail Parcel, and to be reimbursed by City for Developer's reasonable costs incurred in
<br />connection with such maintenance upon delivery to City of copies of invoices, contracts, and such
<br />other documentation as City may reasonably require.
<br />If Developer fails to reasonably maintain the portion of the Creekside Trail and the
<br />Improvements located on Fee Parcel Al, City may deliver notice to Developer of such deficiency,
<br />and if Developer does not commence corrective action with ninety (90) days following delivery of
<br />such notice, City shall have the right, but not the obligation, to perform reasonably required
<br />maintenance, repair or replacement to the portion of the Creekside Trail and the Improvements
<br />located on Fee Parcel Al, and to be reimbursed by Developer for City's reasonable costs incurred in
<br />connection with such maintenance upon delivery to Developer of copies of invoices, contracts, and
<br />such other documentation as Developer may reasonably require.
<br />11. Compliance with Laws. Developer shall carry out and shall cause its contractors and
<br />subcontractors to carry out the installation and construction of the Improvements (the "Work") in
<br />confomuty with all applicable federal, state and local laws, riles, ordinances and regulations
<br />("Applicable Laws"), including without limitation, all applicable federal and state labor laws and
<br />standards, applicable provisions of the California Public Contracts Code, the City's zoning and
<br />ATTY/AGR/2019.062/MP BRADFORD ASSOCIATES, L.P., - CREEKSIDE TRAIL IMPROVEMENT AGREEMENT
<br />REV: 03-20-19 PR
<br />Page 3 of 11
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