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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />Project: Flower St. Bike Trail <br />7.2. TERMINATION BY CITY. <br />Agreement No. D08-xxx <br />CITY may terminate this AGREEMENT by giving DISTRICT ninety (90) days written notice. In the event of <br />such termination by CITY, CITY shall remove any improvements that it has placed on the Premises and <br />restore the Premise to the condition that existed prior to this AGREEMENT. This obligation to restore the <br />Premises shall survive the termination of this AGREEMENT. <br />7.3 TERMINATION DUE TO BREACH OF THE AGREEMENT <br />If CITY is in material breach of the AGREEMENT, and fails to diligently cure said breach, DISTRICT may <br />terminate the AGREEMENT. <br />7.4 NOTICE OF TERMINATION <br />All notices of termination shall be made in writing in accordance with the requirements of Article 11 of this <br />AGREEMENT. <br />~-RTICLE ~ <br />CITY IMPROVEMENTS <br />8.1. AUTHORIZED IMPROVEMENTS <br />CITY may install a bikeway path consisting of improvements approved by the DISTRICT that include but are <br />not limited to: <br />(a) pathways constructed of asphalt and/or concrete; <br />(b) fencing that will consist of one or more of the following: wrought iron; ~I <br />(c) gates; <br />(d) signage; II <br />(e) landscaping; <br />(f) an irrigation system for the landscaping. <br />(g) Replacement of existing CMP pipe(s), as necessary. <br />8.2. DISTRICT REVIEW AND APPROVAL OF CITY IMPROVEMENTS. <br />Prior to the construction of any improvements on Premises, the CITY shall submit the plans and <br />specifications of those improvements to the Director for his review and approval. CITY improvements shall <br />be designed and constructed so as to assure that they do not interfere with the flood control function of <br />DISTRICT facilities and do not interfere with or increase the cost to the DISTRICT for the ongoing <br />25B-~ <br />