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C. In order to avoid the cost, expense, and uncertainty of litigation, the PARTIES <br />have reached an agreement on PIKE'S claims regarding the removal of alleged access barriers at <br />the PREMISES. Attachment "A" identifies the work to be performed by the CITY as agreed to <br />between the PARTIES. Said Attachment is hereby incorporated by reference as if fully set forth <br />herein as the full and complete agreement between the PARTIES for settlement of all of PIKE'S <br />claims regarding the removal of accessibility barriers at the PREMISES. The PARTIES <br />acknowledge that there may be a deviation as it pertains to the path of travel from the South <br />Parking lot towards the Museum inasmuch as the Bowers Museum is listed in the Santa Ana <br />Register of Historical Property and is categorized as a "Landrnark." However, any change in <br />such path of travel must be certified and supported in any updated CASp report commissioned <br />by the City. <br />D. The PARTIES agree that the work as outlined in Attachment "A" will be <br />completed no later than December 31, 2015. <br />E. The CITY will be responsible for the path of travel over the public right of way; <br />BOWERS to oversee path of travel on museum grounds leading to doors. <br />F. Within thirty (30) days of cornpleting all items and conditions described in <br />Attachments A the CITY shall advise counsel for PIKE. in writing that all items have been <br />completed. PIKE shall then have the right to complete an inspection of the subject property by <br />PIKE'S representative within forty -five (45) days of being provided the Notice of Completion. <br />In the event that PIKE believes that the CITY has not complied with the terms of this <br />AGREEMENT, Counsel for PIKE will inform Counsel for the CITY of the alleged breach and <br />allow for thirty (30) days for a good faith negotiation of a resolution. PIKE may immediately <br />file a lawsuit to compel enforcement in the event that the PARTIES are unable to resolve their <br />Page 2 <br />