have a clear span of approximately 70 feet, a clearance of
approximately 20 feet and incorporate adequate lighting and stairs
for pedestrian access.

8. The Pedestrian Overpass shall be constructed to the
reasonable satisfaction of the City. In the event the City
requires that the Pedestrian Overpass be constructed at a level of
quality or esthetics beyond a basic functional overpass, the City
shall be responsible for any excess cost or expense resulting in
the design or construction of the Pedestrian Overpass. In any
event, the city shall be responsible for the. installation of an
electrical meter and light timing control system for all lighting
on the Pedestrian Overpass and shall pay for all electricity costs
and all other costs, charges and expenses relating thereto.

9. Notwithstanding Shimizu's right to obstruct public access
along the Dyke, Shimizu agrees to reasonably accommodate access

along the Dyke Road by:
(a) emergency vehicles, including, without limitation, fire
fighting vehicles and equipment, police and law

enforcement vehicles, and ambulances; and

the City and its agents or employees for the purpose of
completing the City Works.

Shimizu also agrees to permit access along the Dyke Road, as soon

as conveniently practicable as determined by Shimizu, to those
members of the public who are unable to use the Pedestrian Overpass
including, without limitation, bicyclists and people on horseback
or in wheeichairs.