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2 <br /> <br /> <br /> <br />3. CONSTRUCTION AND RIGHT OF ENTRY. <br /> <br />District shall cause to be constructed and developed a walking path at the <br />location depicted on Exhibit A and the District may improve the area as depicted and <br />described on Exhibit B to allow walking path use (the "Work"). District shall pay all <br />required fees associated with the Work. District shall obtain the advance approval of <br />City for the Work performed at the area depicted on Exhibit B. Any work in the area <br />depicted on Exhibit A shall be in conformance with the plans approved by the <br />Division of the State Architect. <br /> <br />3.1. Workmanlike Standard. The Work shall be performed in a good and <br />workmanlike manner consistent with the standard of care and level of skill presently <br />maintained by the practice of professionals in this locale; in compliance with all <br />applicable federal, state and local laws, ordinances, rules and regulations, in a <br />manner so as not to disturb the occupancy, business or quiet enjoyment of any other <br />tenants or licensees of the Property; and in a manner so as to avoid harm to <br />person(s) or the Property with the understanding that any construction work may <br />create traffic, noise and dust associated with the Work. Where applicable, all Work at <br />the site depicted on Exhibit B shall be completed to meet at a minimum the Standard <br />Plans and Specifications of City. <br /> <br />3.2. Damage to City Property During Construction. Precautions must be <br />taken by District to avoid interference with or damage to City's real and personal <br />property. Equipment must not damage wire lines at, over or near the Property, as <br />well as any other utilities or structures located thereon, including irrigation lines and <br />sprinkler heads. District shall be liable for any damage to the Property, or any other <br />property of City or City right-of-way, that occurs by its use of the Property, unless <br />caused by the gross negligence or willful misconduct of City or its employees, agents <br />or contractors. Any waste generated in the process of completing the Work, except <br />pre-existing hazardous materials, will be the responsibility of District at District's sole <br />cost and expense. <br /> <br />3.3. Access to Property. City hereby agrees and grants permission to <br />District to enter the Property as may be necessary to perform the Work based on the <br />covenants and conditions of this Agreement. The City reserves the right of its <br />authorized officers, employees, agents or contractors, to enter into and access the <br />Property at any time. <br /> <br />3.4. Relevant Laws. The District shall obtain and maintain any and all <br />necessary permits from relevant agencies and comply with all current laws, <br />ordinances, orders, rules, regulations and permits with respect to its performance of the <br />activities relevant to this right of entry. <br /> <br />4. USE AND MAINTENANCE. <br /> <br />Subject to the limits herein stated, the right of entry granted herein is a right to enter <br />onto the Property for the purposes of constructing and developing a walking path. <br />Use: the entire walking path can be used by the public for recreational purposes <br />when school is not in session; otherwise, it is for the exclusive use of the school .