Limits and Conditions on Easements. CSU’s construction, operation, maintenance, and administration of the River Park, including the Storm Water BMPs and wetlands within the River Park, will not negatively impact the Aquifer or Aquifer Facilities or unreasonably interfere with City’s water rights, including City’s ability to manage the groundwater or use and manage the Aquifer and Aquifer Facilities. It is acknowledged and agreed that development of the CSU Property as contemplated by the Final EIR, and the design, construction, operation, maintenance, and repair of the River Park Improvements, wetlands, and Storm Water BMPs in accordance with the terms and conditions of the River Park and Storm Water BMP Development Agreement and River Park and Storm Water BMP Maintenance Agreement will not negatively impact the Aquifer or Aquifer Facilities or unreasonably interfere with City’s water rights. Additionally, CSU acknowledges that it is aware that City has installed, maintains, and operates various utilities and pipelines (“City’s Utilities”) under the River Park Property as depicted in Exhibit D and may install future Aquifer Facilities pursuant to Section 6. It is acknowledged and agreed that CSU’s construction, operation and maintenance of the River Park and use of the River Park Property will not unreasonably interfere with, prohibit or limit City’s access to, or damage in any manner City’s Utilities or any future infrastructure installed by City, provided such City’s Utilities and future infrastructure are located within the areas described and depicted on Exhibit D. City agrees that development of the River Park in substantial conformance to the River Park Conceptual Design (as that term is defined in the River Park and Storm Water BMP Development Agreement), and the design, construction, operation, maintenance, and repair of the River Park Improvements, wetlands, and Storm Water BMPs in accordance with the terms and conditions of the River Park and Storm Water BMP Development Agreement and River Park and Storm Water BMP Maintenance Agreement, will not interfere with, prohibit or limit City’s access to City’s Utilities or future infrastructure installed by City.
