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4 203267v1 Park Shore Drive public right of way (the “Roadway Easement Area”)as provided in Exhibit X. The Owner shall have the right to construct, maintain, replace, and repair a roadway within the Roadway Easement Area, and the City shall not obstruct, or allow to be obstructed, the Roadway Easement Area. 6. Construction, Maintenance and Restoration of Trail and Recreational Stations. Owner shall construct the trail containing a minimum of six recreational stations that are included in the Facilities, and at least one of which must be designed primarily for the use of children, in accordance with the plans and specifications identified in the Plans. City hereby grants to Owner a temporary non-exclusive easement over, under, across, and above the City Property for the purpose of Owner’s construction of the trail and recreational stations referenced herein (the “Temporary Trail Construction Easement”). The Temporary Trail Construction Easement shall expire upon Owner’s completion of construction of the trail and recreational stations to be constructed as part of the Facilities in accordance with the Plans. A.After completion of construction by Owner, Aall maintenance, repair and replacement of the trail and recreational stations constructed as part of the Facilities shall be performed by Owner the City in accordance with the City’s standard practices for similar trails and facilities.in a manner that causes as little disturbance to the City Property as may be practicable under the circumstances. Any and all portions of the surface area of the City Property which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of the Owner, to essentially the same condition as the same were in prior to the commencement of any such work. B. The Owner, at its sole cost and expense, shall maintain, repair and, when necessary, replace, the trail and recreational stations so that the trail and stations are at all times in good working order, condition and repair, reasonable wear and tear excepted. Maintenance shall include plowing of snow on the trail within 24 hours of snow events, moving a 36-inch wide strip along all sides of trail and recreational stations, sweeping the trail in May, July and October each year, cleaning, inspecting and repairing recreational stations monthly, and crack sealing and fog sealing trail pavement every five years. C. If the Owner fails to maintain, repair or replace the trail and/or work stations such that any portion of the trail or work stations pose a serious hazard to persons or property or has significantly deteriorated, the City, at its option, may remove from the City Property the hazardous or deteriorated trail or recreational stations, or may maintain, repair or replace the hazardous or deteriorated trail or recreational stations, following adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the hazardous or deteriorated area. The Owner shall be responsible for all costs incurred by the City under this subsection. The City is not obligated to take any action to maintain, repair or replace any part of the trail or recreational stations under this Agreement. DB.Owner shall pay the City Five Thousand Dollars ($5,000) per calendar year (the “Maintenance Fee”) for the maintenance of the trail and recreational stations required to be performed by the City under Section 6.A. above (with the City being responsible for any maintenance costs incurred above and beyond said amount). The Maintenance Fee for each calendar year shall be due on or before January 31 of such calendar year. In addition, Owner shall be Formatted: Space Before: 12 pt, After: 0 pt, Hyphenate