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• NOW THEREFORE,the Permitee and the City agree ree as follows: <br /> AGREEMENT <br /> 1. Incorporation of Recitals. The recitals set forth above are incorporated herein <br /> and made a part of this Agreement. <br /> 2. Use of the Parking Areas. The City does hereby permit the Permitee to use the <br /> Parking Areas for the purposes of parking of vehicles for residents of the Parcels and their <br /> invitees in exchange for the Permitee's covenants and promises contained herein. Such <br /> permission and continued use of the Parking Areas shall not be construed to constitute an <br /> abandonment of or intent by the City to abandon the Parking Areas or any portion of the Rights-of- <br /> Way. Such permission and continued use of the Parking Areas shall be subject to the City's sole <br /> discretion. <br /> 3. Description of the Improvements to the Parking Areas: <br /> a. Jackson Parking Area. The improvements to the Jackson Parking Area consist of <br /> removing the pavement and curbing in the area,grading and compacting the existing <br /> aggregate base course, and constructing the area with concrete pavement. A <br /> concrete curb and gutter will be installed around the perimeter of the parking area <br /> with the exception of the area where the parking area adjoins the travel lanes of <br /> Jackson Drive. In that area, a ribbon curb (valley gutter) will be installed. The <br /> parking area will be striped to allow for 60 degree angle parking. Turf restoration <br /> will also be performed if deemed necessary by the City. A depiction of these <br /> improvements is shown on the attached Exhibit C. Construction for these <br /> improvements will be performed by the City's contractor except construction of the <br /> concrete pavement, which will be performed by the Permitee's contractor to City <br /> standards. <br /> b. Groberg_Parking Area. The pavement in the Groberg Parking Area will not be <br /> reconstructed during the reconstruction of Groberg Street. A ribbon curb will be <br /> constructed on the edge of the travel lane (where the curb and gutter typically are) <br /> and the existing pavement used for the Groberg Parking Area will be patched as <br /> required for street reconstruction with similar material as currently exists. The <br /> Groberg Parking Area will not be striped, however Permitee acknowledges that <br /> angle parking may be required by the City in order to keep vehicles from blocking <br /> the adjacent street. Turf restoration will be performed if deemed necessary by the <br /> City. <br /> 4. Payment. The Permitee agrees to pay the City's legal costs incurred in preparing <br /> this Agreement ($1,813) and in constructing the improvements to the Jackson Parking Area listed <br /> above performed by City's contractor, with the exception of the costs of constructing the ribbon <br /> curb and turf restoration costs, which will be paid by the City. The City will pay the construction <br /> costs associated with the improvements to the Groberg Parking Area. The Permitee also agrees to <br /> pay a percentage of the City's design, legal and administrative costs that are associated with the <br /> Project. The Permitee's percentage of these costs will be calculated by determining what <br /> 381190v4 MU210-179 <br /> 2 <br />