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the structural integrity of this portion of the easement to accommodate the weight of a type 3 fire vehicle rather than a type 4 fire vehicle. If City and Roberts are unable to agree on the relocation of the existing easement, its width(s) or the surface materials thereof, the Developer shall improve the existing easement to the satisfaction of the Cit,~Developer shall also construct an electronically controlled gate, as approved by the City, at or near the common property line between the Project site and the Grey Eagle Estates subdivision ei~ to prevent the egress of persons and vehicles from the Project site to that subdivision. That portion of the fire access road from Court 3 to the Grey Eagle Estates property line shall be crushed granite or similar material. For any fire access road that is }~ertie~-e€ *"° °°°°~~°~ •'~~+ ~~° located outside the Project boundaries that the Developer must construct, to the extent that Developer needs temporary construction (or other type) easements to construct such road~~ but is unable to acquire such easements on its own and the City must use its power of eminent domain to acquire such easements, Developer shall be responsible for all costs associated with such acquisition including, but not limited to, appraisals, attorneys fees, the fair market value of the land to be taken (including severance damages if any), litigation expenses (including the property owner's attorneys fees if awarded by the court). If the Developer does not need to construct a fire access road that is located outside the Project boundaries because such road has already been constructed, Developer shall have the responsibility for certain incremental costs associated with such construction as provided herein If the Developer constructs a fire access road i:-~~ that is located outside the Froject boundaries that benefits other property owners, Developer and City shall enter into a reimbursement agreement to permit Developer to recover from those benefited those costs associated with the construction that the benefited property owners would have been obligated to construct. If the Project is phased, Lots 8-51 shall only be developed with the fire access roadsaeeesses described herein constructed or under construction. Developer shall include in the CC&R's a provision that the Oak Grove Homeowners Association will defend and indemnify the Grey Eagle Estates Homeowners Association, the Kottinger Ranch Homeowners Association and/or individual property owners within those subdivisions for claims arising out of the public's use of the fire access roadsaeeesses. If the City enters into a separate agreement with the Grey Eagle Estates Homeowners Association, the Kottinger Ranch Homeowners Association, and/or individual property owners within those subdivisions concerning defense and indemnification for claims arising out of the public's use of the fire access roadsa~cessfe~, Developer shall include in the CC&R's a provision that the Oak Grove Homeowners Association will defend and indemnify the City for such claims. ARTICLE 4. OBLIGATIONS OF CITY 54393~84008v3