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5 <br />203267v1 <br />significantly deteriorated, the City, at its option, may remove from the City Property the hazardous <br />or deteriorated trail or recreational stations, or may maintain, repair or replace the hazardous or <br />deteriorated trail or recreational stations, following adequate notice to the Owner and opportunity <br />for the Owner to take appropriate action to maintain, repair, or replace the hazardous or deteriorated <br />area. The Owner shall be responsible for all costs incurred by the City under this subsection. The <br />City is not obligated to take any action to maintain, repair or replace any part of the trail or <br />recreational stations under this Agreement. <br />D. Owner’s responsibility for maintenance and repair of the asphalt trail located within City <br />Property, excluding the Fire Lane, shall terminate and be assumed by City upon completion of a <br />future paved City trail extension from the City Property to Gateway Boulevard and Round Lake <br />Road. <br />7. Construction and Maintenance of Fire Lane. Owner shall install and be <br />responsible for all costs incurred in the installation of a fire lane in accordance with the plans and <br />specifications identified in the Plans (the “Fire Lane”). <br />A. The Owner, at its sole cost and expense, agrees to provide for the regular <br />maintenance of the fFire lLane as though it was located entirely within the CityOwner Property. <br />For the purposes of this Agreement, “regular maintenance” shall include, but is not necessarily <br />limited to, inspecting, crack filling, minor road improvements, tree trimming, tree removal, <br />snowplowing, sanding, signing, and removal of obstructions (e.g., a downed trees). <br />B. No machinery, trailers, vehicles, or other property may be stored or parked upon <br />the fFire lLane.Portions of the fire lane located abutting the park shall be available for public <br />recreational use. <br />C. If the Owner fails to maintain regular maintenance and keep the fFire lLane in good <br />condition, the City may repair or replace the fire lane, after adequate notice to the Owner and <br />opportunity for the Owner to take appropriate action to maintain, repair, or replace the fFire lLane <br />(which notice and cure period shall not be less than 60 days in duration). The Owner shall be <br />responsible for all costs incurred by the City under this subsection 7.C. <br />D. Owner hereby grants to the City, its successors and assigns, a permanent non- <br />exclusive easement for the purpose allowing recreational public access along the portion of the Fire <br />Lane as provided in legally described on Exhibit G for pedestrian and non-motorized vehicle (e.g. <br />bicycles) ingress and egress purposes only. <br />8. Reimbursement of Costs. The Owner and the City agrees to reimburse the City <br />other party for all costs incurred by the Citythe other party in the enforcement of this Agreement, <br />or any portion thereof, including court costs and reasonable attorneys' fees. <br />9. Indemnification.This Agreement imposes no liability of any kind whatsoever on <br />the City.The Owner hereby agrees to indemnify and hold harmless the City and its agents and <br />employees against any and all claims, demands, losses, damages, and expenses (including <br />reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or <br />Commented [JG1]:This is covered by the easement <br />granted in 7.D. below