2014/05/21 Council Agenda Packet

tit access roads as "Common Areas" from the operation and governing provisions of the recorded 2012 Declaration. The amendment will also state, in a form reasonably acceptable to the City, that(a) the City is not a party to the 2012 Declaration and that the City will not have obligations under the 2012 Declaration and (b) that the all Owners (as such term is defined in the 2012 Declaration) on behalf of themselves and their successors-in-interest irrevocably consent to the stormwater utility surcharge set forth in Section 4.5.2 above. It is understood and acknowledged, however, by the Port and the City, that all landscaping, signage, street lights, and irrigation facilities shall remain the responsibility of the Port and subject to the terms and provisions of the recorded 2012 Declaration. It further understood that the City does not believe that the consent described in (b) above is necessary for the future imposition of the surcharge as the surcharge is within the City's municipal utility authority; instead, the purpose of the consent in (b) is to provide 4)tice of the City's future intentions and receive consent, for the purpose of avoiding later disputes. 10. C mbaluk Pro.er Declaration of Covenants and Easements. 10.1 Cymbaluk Declaration. On February 22, 2010, there was recorded with the Snohomish County Auditor under AFN 201002220179, Declaration of Covenants and Easements [With Common Area Charges], with respect to the uplands area of the Riverside Business Park ("Cymbaluk Declaration"). This recorded Declaration was consented to by the Marshall&Katherine Cymbaluk Family, LLC ("Cymbaluk"),the owner of record of Parcel B of the City of Everett Boundary Line Adjustment No. 08-002, recorded under Snohomish County AFN 200804035003. 10.2 Cymbaluk Declaration Common Areas & Drainage Line Easements. The City acknowledges that some of the obligations of Cymbaluk under the Cymbaluk Declaration with respect to Common Areas (as defined in the Cymbulak Declaration) will be duplicative of obligations that the City is assuming under this Agreement and the easements and documents required hereunder. Accordingly, the City acknowledges and accepts that the Port and Cymbaluk may amend the Cymbaluk Declaration to lessen or clarify Cymbaluk's Common Area obligations and thereby eliminate this duplication. 10.3 Stormwater & Sewer Infrastructure Easement (Cymbaluk). The Port shall cause to be delivered to the City, by Cymbaluk, a utility easement fully executed by Cymbaluk in the form and substance attached hereto as Exhibit "16". Note: within Exhibit 16 at Section 6.0 are two bracketed options, which concern the stonnwater pump station and associated pipelines that convey drainage to the detention pond on the Property. Exhibit 16 may be executed with either of these two options. 10.4 Amendment to Cymbaluk Declaration. The Port will cause to be recorded a fully executed amendment to this recorded Cymbaluk Declaration, in a form reasonably acceptable to the City, which will amend the Cymbaluk Declaration to state that (a) the City is not a party to the Cymbaluk Declaration and the City will not have obligations under the Cymbaluk Declaration and (b) the owner of Parcel B irrevocably consents to the stormwater utility surcharge set forth in Section 4.5.2 above. It is understood that the amendment may contain the amendments described in Section 10.2 above. It further understood that the City 14 12