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NOW, THEREFORE, in consideration of the mutual promises expressed herein, the parties <br /> agree as follows: <br /> 1. Grant of Sublicense. Subject to the terms and conditions of the License, District hereby <br /> grants to City a nonexclusive, revocable Sublicense to enter onto the Property for the <br /> uses described below. <br /> 2. Trail and Landscape Maintenance. <br /> a. City shall, at its sole cost and expense, be responsible for and cause any recreational <br /> and trail improvements on the Property to be maintained, repaired and operated in an <br /> orderly, safe, and sanitary manner at all times including but not limited to: drinking <br /> fountains, park benches, pathways for bicycle, pedestrian or equestrian uses and City <br /> street crossing signals within City ROW including but not limited to curb cuts, ramps, <br /> ADA features, trail markers, bike lane signs, striping, and signage, excepting District <br /> signage described in Subsection e, below. <br /> b. City shall, at its sole cost and expense, be responsible for and cause landscaping <br /> improvements on the Property to be maintained in an orderly, safe, and sanitary <br /> manner at all times including but not limited to irrigation, weed removal, tree trimming, <br /> and removal & replacement of vegetation when diseased or dead. <br /> c. City shall, at its sole cost and expense, be responsible for placing and servicing <br /> garbage receptacles within Property. <br /> d. District shall, at its sole cost and expense, be responsible for maintaining the trail entry <br /> fencing, bollards, gates and District-signage per Subsection e, below, on the Property. <br /> District is not responsible for improvements outside of the twenty foot (20) wide <br /> corridor comprising the Property. If improvements span across the Property onto other <br /> real property owned by City, District and City will mutually coordinate repair and <br /> replacement of such improvements. <br /> e. District will maintain and replace the District's standard trail information & warning <br /> signs. District shall continue to be responsible for the maintenance of bollards and <br /> other improvements installed by District as part of the operation of the Iron Horse <br /> Regional Trail. <br /> f. The maintenance and replacement of benches and associated paving, and removal of <br /> waste, litter and other items from the Property shall be the responsibility of the City, <br /> unless such waste or litter is caused by a party or its employees or contractors in <br /> which situation such party shall be responsible for removal. Under no circumstances <br /> shall District be responsible for the benches, associated paving, removal of waste, <br /> litter and other items from the Property. <br /> g. The removal of graffiti and repair of any vandalism or theft shall be the responsibility of <br /> the party which is responsible for maintenance of the item upon which the graffiti or <br /> vandalism is placed. For example, if a trail directional sign is tagged with graffiti, the <br /> District shall be responsible for removal of the graffiti. If graffiti is written on a tree or <br /> 2 <br />