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5 203267v1 responsible for all costs incurred by the City in repairing and/or replacing the trail and/or recreational stations (which costs shall not include any costs associated with maintenance performed by the City in accordance with the City’s standard maintenance practices for similar trails and facilities). Notwithstanding the foregoing, Owner shall not be responsible for reimbursing the City for any of the foregoing repair and/or replacement costs to the extent such work is required as a result of the City’s negligence or intentional misconduct. Owner shall pay the amounts due for repairs and replacements under this Section 6.B. within sixty (60) days after the City delivers a reasonably detailed invoice for such costs to Owner along with any other reasonable supporting documentation that may be necessary to evidence the amounts claimed due. In the event Owner fails to pay such amounts within said sixty (60) day period or in the event Owner fails to pay the Maintenance Fee for any given year by January 31 of said calendar year, the City may assess such unpaid amounts owed to the Owner’s property taxes, its successors and assigns. It is expressly understood and agreed that the Owner is under no obligation to maintain, repair, or replace said trail or recreational stations, and in no event shall this Agreement be construed to impose any such obligation on the Owner. The City agrees that it is, and will be, solely responsible for legal claims and addressing complaints brought by any third party regarding the maintenance, repair, replacement, and operation of said trail and recreational stations, except to the extent arising from the Owner’s breach of this Agreement or the Owner’s negligence or intentional misconduct. The City expressly agrees to defend and hold the Owner harmless from any such third-party claim. Notwithstanding anything herein to the contrary, Owner’s responsibility for the payment of costs incurred by the City for the maintenance, and repair, and replacement of the asphalt trail and the recreational stations referenced hereinlocated within City Property, excluding the Fire Lane, shall terminate and be assumed by City upon completion of a future paved City trail extension from the City Property to Gateway Boulevard and Round Lake Road. 7. Construction and Maintenance of Fire Lane. Owner shall install and be responsible for all costs incurred in the installation of a fire lane in accordance with the plans and specifications identified in the Plans (the “Fire Lane”). A. The Owner, at its sole cost and expense, agrees to provide for the regular maintenance of the fFire lLane as though it was located entirely within the CityOwner Property. For the purposes of this Agreement, “regular maintenance” shall include, but is not necessarily limited to, inspecting, crack filling, minor road improvements, tree trimming, tree removal, snowplowing, sanding, signing, and removal of obstructions (e.g., a downed trees). B. No machinery, trailers, vehicles, or other property may be stored or parked upon the fFire lLane.Portions of the fire lane located abutting the park shall be available for public recreational use. C. If the Owner fails to maintain regular maintenance and keep the fFire lLane in good condition, the City may repair or replace the fire lane, after adequate notice to the Owner and opportunity for the Owner to take appropriate action to maintain, repair, or replace the fFire lLane (which notice and cure period shall not be less than 60 days in duration). The Owner shall be responsible for all costs incurred by the City under this subsection 7.C. Commented [JG1]:This is covered by the easement granted in 7.D. below