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WHEREAS, Ownerintends to repair and/or replacethe sidewalks, trails, curbs, lighting, <br />landscaping, trees,brick pavers, and drive approaches,and patch the roadwayin the R.O.W. <br />(“Dedicated Improvements”) as more particularly set forth on Exhibit A, which is attached hereto <br />and incorporated herein by reference, upon the completion of its temporary occupancy or use of <br />or inthe relevant R.O.W.; and <br />WHEREAS, Ownerdesires the temporary occupancy andpartialtemporary closure of the <br />R.O.W. from time to timein order to facilitate Owner’s project and construct the Dedicated <br />Improvements in the R.O.W.; and <br />WHEREAS, in order for the Board to grant long term occupancy of the R.O.W., this <br />Agreement must be executed. <br />NOW, THEREFORE, in consideration of the obligations, terms and conditions contained <br />herein, and the above recitals which are incorporated into this Agreement, the adequacy of which <br />consideration the parties expressly acknowledge, Owner and the City agree as follows: <br />1.Recitals <br />The parties hereto acknowledge and agree that the foregoing recitals are incorporated <br />herein as a part of this Agreement. <br />2.Construction Inspection <br />The Owner has provided the City with Exhibit A, which depicts drawings ofthe Dedicated <br />Improvements, which the City acknowledges conforms to the City’s standards. The Owner shall <br />allow the City toinspect the Dedicated Improvements during construction to ensure conformance <br />to the agreed standardsset forth in Exhibit A, in particular with regard to area planning, adequacy <br />of design, and quality of construction. The Owner shall contact the City’s Engineering Department <br /> <br />