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b. The City ceases to maintain the trail in a manner which assures the safety of the users of the Corridor; or c. If, in the opinion of RCRRA, the City has abandoned its use of the Corridor for trail purposes; or — d. Failure by the City to pay its share of any tax, special assessment, fee, or � other charge pursuant to paragraph 11 hereof. In the event of constructive abandonment pursuant to paragraphs 12(b), 12(c} or 12(d), RCRRA shall notify the City of its opinion and state with specificity the acts or failures to act which lead it to believe such abandonment has occurred. The City shall have six (6) months after such notice to notify RCRRA that it does not intend to abandon the Corridor for trail purposes, and shall specify the corrective actions it intends to take to remedy the issues identified by RCRRA in its notice to the City. If the City fails to provide such notice within the siY-month period, abandonment shall be deemed to have occurred on the date RCRRA notified the City of its opinion that the Corridor has been abandoned. Upon abandonment, the City shall be responsible for restoring the Corridor and removing all signs, trail material, fencing, and any other improvements erected in connection with its use of the Corridor for trail purposes, at its sole cost and at no cost to RCRRA. Provided, however, that RCRRA may require the County to leave any or all fixtures or improvements on the Corridor, without cost to RCRRA, which fixtures or improvements shall become the property of RCRRA upon abandonment. 13. The parties intend that this easement does not permanently establish a public park, recreation land, wildlife and waterfowl refuge, or historic site as those terms are used in 49 USC §303. 14. Any written notices required under this agreement shall be addressed as follows: RCRR.A: Rainsey County Regional Railroad Authority Ramsey County Government Center West, Suite 665 50 West Kellogg Boulevard St. Paul, MN 55102 RE: 15. This Easement is non-exclusive and is granted subject to the outstanding rights of others to occupy the Corridor. RCRRA does not warrant its title to the Corridor. This easement shall run with the land and inure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have signed this Easement on the day and year first above written. a,.xx� ;