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<br />5. City's Access. City reserves the right to unlimited access to the City Right- <br /> <br />of-Way, or any part thereof for municipal purposes, including, but not limited to, the <br /> <br />performance of maintenance and repairs of any and all structures or public <br /> <br />improvements, heretofore or hereafter installed and/or constructed in or upon the City <br /> <br />Right-of-Way, the inspection of the right-of-way, the use, maintenance, repair of <br /> <br />adjoining areas or for any other purpose in furtherance of City's use of the right-of-way. <br /> <br />Notwithstanding the foregoing, City shall extend reasonable efforts not to interfere with <br /> <br />Permittee's use and occupancy of the right-of-way in exercising its rights under this <br /> <br />paragraph. <br /> <br />6. Abandonment. In the event that Permittee abandons or fails to use the City <br /> <br />Right-of-Way, or shall fail, neglect, or refuse to maintain the Improvements in clean and <br /> <br />good working condition, or to comply with any of the conditions herein contained, or in <br /> <br />the event that this permission shall be revoked, then all rights of Permittee hereunder <br /> <br />shall forthwith cease and terminate. Permittee agrees to be solely responsible for all <br /> <br />the costs associated with the safe abandonment of the Improvements. <br /> <br />7. Maintenance. Permittee agrees to maintain the retaining walls, storm <br /> <br />drainage, and fire department connections and all of it's appurtenances in a clean and <br /> <br />good working order and free from defects at Permittee's sole cost and expense. <br /> <br />8. Security. Owner shall, prior to the commencement of any work on the <br /> <br />Improvements, furnish to City and file with the City Clerk a bond or instrument of credit <br /> <br />of the kind described in Section 66499, et seq., of the Government Code, securing the <br /> <br />faithful performance of all work and the construction of the Improvements mentioned in <br /> <br />this Agreement within the time herein specified. The amount of said security shall be <br /> <br />ATTY/AG R.2008. 066 <br />080508 <br /> <br />4 <br />