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11. Private On-Site Improvements. Pacific Shores shall construct at Pacific Shores' sole cost the Private On-Site Improvements. Performance bonds, labor and materials bonds, and insurance are required for the Pacific Shores Infrastructure and the Private On-Site Improvements (excluding buildings). 12. Access to Project Open Space. Pacific Shores agrees that the Project Open Space is generally intended both for the use of Project Site occupants and for the use and enjoyment of the general public, subject to the adoption and enforcement of reasonable rules and regulations necessary to protect the rights and interests of Pacific Shores in its Property, to assure security for the Project Site and its occupants, to ensure adequate maintenance of the Project Open Space, to avoid conflicts among uses and to achieve a reasonable balance of interests, including wildlife protection. Accordingly, Pacific Shores shall have exclusive and complete authority to regulate the use of the Project Open Space as its private property subject to the following limitations: (a) Waterfront Pazk (exclusive of the buildings thereon) shall be open for public access and passive recreational use at least from sunrise until sunset, except to the extent that access is restricted in order to maintain or repair portions thereof or to protect wildlife resources, and subject to the right of Pacific Shores to restrict access for limited � periods when portions of Waterfront Pazk are reserved for use by specific groups on a scheduled basis for events, games or gatherings; (b) The Playfields shall be available for prescheduled, organized youth games and practices on all weekend days throughout the yeaz from dawn to dusk; the portion thereof containing the softball field sha11 be available for the same use on all weekdays from April 1 through June 30 from 3:00 p.m. to dusk; and the portion thereof containing the soccer/regulation baseball field shall be available for the same use on all Tuesdays and Thursdays from 3:00 p.m. to dusk from April 1 through the end of daylight savings time in the subsequent fall, all such youth games and practices to be scheduled in advance each year by January 1 and arranged by the City's Pazk and Recreation Department pursuant to an operating agreement between Pacific Shores and the City's Park and� Recreation Department. (c) The parking included in Lot C shall be reserved for use by those using the Playfields when the Playfields aze being utilized pursuant to arrangements with the City's Pazks and Recreation Department and Pacific Shores shall ensure adequate measures to designate and reserve them for such use. Notwithstanding anything else to the contrary herein, Pacific Shores shall have the right to manage the Project Site, (including the Project Open Space) as private property to achieve full security, safety and privacy for the Project occupants and nothing in this agreement shall be deemed to grant an easement or any other rights to use the Project Site to any person or to the public in general except as invitees of Pacific Shores and as subject to whatsoever rules and regulations may be adopted by Pacific Shores for use of the Project Site or any portion thereof not inconsistent with Subsections (a) and (b) of this section. R:\DOC\0002\0033\AGR\CITY.DA6 �� 79-OeC-1998 AT 15:00