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<br />, <br /> <br />. <br /> <br />. <br /> <br />DRAFT <br /> <br />(d) <br /> <br />Inspection. The City's consulting engineer shall be permitted to <br />inspect the construction and installation of the traffic <br />improvements defined in this subdivision 3(A)(1) as deemed <br />appropriate by the engineer to insure compliance with <br />approved plans and specifications, Guidant shall reimburse the <br />City for its inspection costs. <br /> <br />2. <br /> <br />(e) Access, Phase I traffic improvements shall be installed in a <br />manner and pursuant to a construction schedule so that <br />continuous access from Lexington Avenue and/or from <br />Fernwood Street to property located adjacent to and northerly <br />of the Guidant Property will not be obstructed. <br /> <br />Phase II Traffic Improvements. A plan for the payment of Phase II <br />traffic improvements Shall have been approved by the parties before <br />the conStruction of Phase II improvements; and the Phase II traffic <br />improvements Shall be completed before the issuance of occupancy <br />permits for any Phase II building. The City acknowledges that <br />Guidant, as part of this Development Agreement, has not agreed to <br />pay for the Phase II traffic improvements. Construction of Phase II <br />traffic improvements by a non-public entity shall require compliance <br />with the provisions of Section 3.00.A.1(b), (c) and (d) by such non- <br />public entity. <br /> <br />3. Phase III Traffic Improvements, A plan for the payment of Phase III <br />traffic improvements shall have been approved by the parties before <br />the construction of Phase III improvements; and the Phase III traffic <br />improvements shall be completed before the issuance of occupancy <br />permits for any Phase III building, The City acknowledges that <br />Guidant, as part of this Development Agreement, has not agreed to <br />pay for the Phase HI traffic improvements, Construction of Phase III <br />traffic improvements by a non-public entity shall require compliance <br />with the provisions of Section 3,OO,A.1(b), (c) and (d) by such non- <br />public entity. <br /> <br />B. Public Use Dedication. Guidant's public use dedication requirement for all <br />phases shall be satisfied in the following manner: <br /> <br />. <br /> <br />1, Dedication of Public Trail, A City park trail currently crosses onto a <br />portion of the Guidant Property. Guidant shall define and convey an <br />easement to the City for the park trail prior to the issuance of <br />occupancy permits for Phase I buildings. <br /> <br />2. <br /> <br />Use of Internal Trail Svstem. As part of its development, Guidant will <br />construct a private trail system. Guidant shall permit public use of the <br />private trail system provided that the public's right to use the private <br />trail systems may be rescinded by Guidant, upon consent of the City <br />which shall not be unreasonably withheld, if it becomes necessary to <br /> <br />3 <br />