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CONTINUE TO CARRY ADEQUATE LIABILITY INSURANCE ON THE CITY PARK <br /> AND QUINNEYS SHALL CARRY ADEQUATE LIABILITY INSURANCE COVERING ITS Deleted:(GORDON'S COMMENT- <br /> I USE OF BOTH THE CITY PARK AND QUINNEYS'PARCEL. [RISK TO REVIEW] " DISCUSS OR CONSIDER PARK <br /> PEOPLE REMOVING TREES PRIOR <br /> TO OUR WORK AND IDENTIFYING <br /> F. BE GIVEN THE RIGHT OF FIRST REFUSAL AT THE TIME OF WHAT BRICK(IF ANY)IS TO <br /> SALE,TO PURCHASE THE PARK PROPERTY IN THE EVENT CITY DECIDES TO SELL REMAIN,AND FENCING IT OFF. IF <br /> ALL TREES AND ALL BRICK MUST <br /> PARK IN THE FUTURE IN ACCORDANCE WITH THE AGREEMENT IN EXHIBIT 4. REMAIN,AND BE PROTECTED, <br /> THEN THE PARK IS ESSENTIALLY <br /> USELESS TO US DURING <br /> G. COMPLETE THE BUILDINGS PRIOR TO SEPTEMBER 30,2007. CONSTRUCTION.TO PROTECT <br /> TREES,CITY TYPICALLY WANTS <br /> H. BE GIVEN ACCESS BY THE CITY TO ALL OF QUINNEYS' FENCE AT RADIUS OF ONE FOOT <br /> FOR EVERY INCH OF DIAMETER, <br /> PARCEL OFF E. le ALLEY WAY [CLARIFY INTENT — IS THIS FOR INTERIM THUS 25 FEET DIAMETER FENCE <br /> ACCESS TO THE PROPERTY TO FACILITATE CONSTRUCTION OR FOR SOME OTHER AROUND 12 INCH TREE.NO <br /> TRAFPIC ON THIS AREA AT ALL,TO <br /> PURPOSE RELATED TO PARKING? IF LATTER.WE CAN'T WRITE ANYTHING THAT AVOID COMPACTING SOIL. <br /> ATTEMPTS TO MODIFY BUIDING CODES]. IMAGINE HAVING TO DOCUMENT <br /> 1 CONDITION OF BRICK AND BEING <br /> RESPONSIBLE FOR REPAIRING IF <br /> I. DURING CONSTRUCTION, AND UP TO THE TIME CONTROL OF CHIPPED.PARK PEOPLE DON'T <br /> WANT FRUIT TREES IN PARKS- <br /> PARK PROPERTY IS TRANSFERRED TO CITY, PRESERVE AND PROTECT EXISTING THEY ATTRACT BEES AND WASPS, <br /> PARK AMENITIES AND TREES IDENTIFIED FOR SUCH IN EXHIBIT 5. WE WILL ARE MESSY AND REQUIRE MORE <br /> [ MAINTENANCE <br /> CREATE THIS EXHIBIT AND FORWARD ASAP. MOST LIKELY WE WILL BE <br /> PRESERVING A FEW PARK IMPROVEMENTS NEAR 14;HAVE, AND LARGER TREES --{Formatted:Superscript <br /> ON FUTURE PARK PROPERTY. WE CAN DISCUSS PROTECTION MEASURES TO <br /> MAKE THE SITE ACCESSIBLE DURING CONSTRUCTION.] <br /> 2. EACH PARTY SHALL PAY ITS OWN ASSESSMENT FEES FOR THE <br /> NEWLY CONSTRUCTED ALLEY BASED ON THE CURRENT PROPERTY <br /> CONFIGURATION AS OF SEPTEMBER 29, 2005 [NEED TO HAVE CLEAR DIRECTION <br /> FOR ALLEY PROJECT TEAM TO CARRY OUT ASSESSMENTS ACCORDINGLY IF <br /> PROPERTY HAS CHANGED HANDS BY THE TIME THEY ARE LEVIED]. VERIFY <br /> WITH CITY ATTORNEY THAT WE CAN COMMIT TO THIS. <br /> 3. FOLLOWING COMPLETION OF THE BUILDINGS, THE CITY SHALL <br /> IMPROVE THE PARK SITE WITH IRRIGATED TURF WITHIN,'WO YEARS. REVENUE --{Deleted:ONE YEAR <br /> RECEIVED FROM THE QUINNEYS FOR THE DIFFERENCE IN PROPERTY VALUE <br /> THROUGH THE EXCHANGE SHALL BE APPLIED FOR THIS PURPOSE. <br /> 4. CITY WILL gOMPLETE THE WORK FOR SURVEYING, CONVEYANCES Deleted:TAKE CARE OF ALL LAND <br /> BETWEEN THE PARTIES, AND PROPERTY LINE ADJUSTMENTS OR USE ISSUES, <br /> ABANDONMENT, AND WILL COOPERATE IN ANY OTHER MATTERS ATO THE -•- Deleted:TO COMPLETE THIS <br /> EXTENT NEEDED AS A PARTY TO THE EXCHANGE, INCLUDING RELATED ,EXCHANGE <br /> STANDARD CITY PROCEDURES FOR SAME. THE COST OF ALL WORK SHALL BE <br /> SHARED EQUALLY BY THE CITY AND THE OUINNEYS. CITY SHALL PROVIDE TO <br /> -{Deleted:ORIGINAL <br /> QUINNEYS A SET OF PLANS FOR J3XISTING PARK IMPROVEMENTS AND FOR ; {Deleted.PAGE <br /> FUTURE PARK IMPROVEMENTS AT THE TIME SUCH PLANS ARE CREATED[THERE - <br /> WILL BE A FUTURE PROCESS FOR PARK DESIGN— WE CAN PROVIDE PLANS OF Dom '-ExcHANGE <br /> THE INTENDED INTERIM STATUS FOR EXHIBIT 51. 'i AGREEMENT DRAFT <br /> Deleted:10/28/2005 <br /> Inserted:10/28/200510/28/2005 <br /> Deleted:10/28/200510/27/2005 <br /> I PAGE 3—EXCHANGE AGREEMENT DRAFT 11/3/2005 <br />