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3. use. The Easement may he used only by the City/ its <br />residents, their guests and invitees, and the general public and <br />solely for purposes of non-motorized bicycle and pedestrian <br />recreational traffic from and after the construction on the <br />Easement Area by the City as herein provided. <br />4* Construction. City shall not commence any construction <br />of any improvement on or about the Easement Area until such time,as. <br />all of the following have occurred: <i) the City shall have <br />acquired an interest inJJH^erty for purposes similar to those of <br />the Easement, (ii) such property shall consist of no xess <br />feet than the linear feet contained in the Easement Area, (iii) <br />such property shall be adjacent to, abut, or be contiguous with <br />(other than intervening public rights-of-way) the Easement Area, <br />and (iv) the City shall have commenced on such property and be <br />diligently pursuing the construction of improvements on such <br />property, such improvements consisting of a bikepath and related <br />landscaping and signage. From and after such date City may, but <br />shall have no obligation to, construct any improvement on the <br />Easement Area consistent with the provisions of this Section. In <br />the event that City commences any such construction, it shall <br />comply with the following conditions: <br />a. City shall diligently pursue completion of such <br />construction. <br />b. City shall perform such construction at its sole <br />coat and expense and on a lion-free basis. <br />c. Such improvements may consist only of a bikepath <br />and related landscaping and signage. <br />d. Any improvement shall be designed and constructed <br />so as not to (i) interfere with the use of any of the Existing <br />Easements, or (ii) damage or interfere with the installation, <br />maintenance”! use of any utility, septic sewer system or well <br />now or hereafter located on any portion of the Property, which <br />has been constructed in accordance with and is being <br />maintained pursuant to all applicable state, federal and local <br />laws, regulations, permits and agreements_^ <br />5. Maintenance. Upon construction of any improvement <br />located on the Easement Area by City, City shall, at its sole cost <br />and expense, cause the same to oe properly maintained and repairea. <br />6. Title to Easement Area. City acknowledges that the <br />Easement Area is subject to the Existing Easements. <br />4 <br />a7. Duration of Provisions. The easements, covenants and <br />conditions set forth in this Acjre»-ment shall lun with the land and <br />shall b« a servitude thereon, and shall be binding on all ot tne <br />ZLJR885 <br />-1-