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Brixton Everett, LLC 5/5/2025
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Brixton Everett, LLC 5/5/2025
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Last modified
7/3/2025 11:46:27 AM
Creation date
7/3/2025 11:44:14 AM
Metadata
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Contracts
Contractor's Name
Brixton Everett, LLC
Approval Date
5/5/2025
Council Approval Date
4/16/2025
Department
Transit
Department Project Manager
Michael Schmieder
Subject / Project Title
Transit Platform Use Agreement and Easement
Tracking Number
0004886
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Other Real Property
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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A. the right of the City within the New Transit Platform Easement Area to <br />construct, install, inspect, repair, operate, maintain, renew, and replace the <br />New Transit Platform; <br />B. the right of the City to reasonable ingress and egress solely across the <br />Grantor Property portions of the Everett Place site from time to time for <br />access to the New Transit Platform Easement Area for purposes of such <br />construction, installation, inspection, repair, operation, maintenance, <br />renewal, and replacement; <br />C. the right of the City and the public to reasonable ingress and egress solely <br />across the parking and roadway portions of the Grantor Property portions of <br />the Everett Place site for public transit purposes to and from the New Transit <br />Platform and S E Everett Mall Way along the Transit Preferred Path shown <br />on Exhibit A, with Grantor at Grantor's cost providing necessary curb <br />modifications as shown on Exhibit A and providing ongoing maintenance <br />and repair of the Transit Preferred Path on Grantor's Property If the Transit <br />Preferred Path not on Grantor's Property becomes unusable by the City, as <br />reasonably determined by the City, then Grantor at no cost to the City shall <br />provide a new Transit Preferred Path reasonably acceptable to the City which <br />traverses solely on property owned by Grantor (which may include the <br />existing PUD Easement Area appurtenant to the Grantor Property), in which <br />case the Parties shall amend this Agreement to include the new Transit <br />Preferred Path; <br />D the right of the City to park public transit vehicles within five (5) parking <br />spaces situated within the New Transit Platform Easement Area for Transit <br />vehicle parking during service only but not for overnight parking or <br />servicing of vehicles; <br />E the right of the City to temporarily stage or park buses in the New Transit <br />Platform Easement Area, so long as the staging or parking does not disrupt <br />parking lot traffic flow; <br />F. the right of the City to create and enforce rules and regulations relating to <br />public use by the public of the New Transit Platform Easement Area; and <br />G the right of the City to temporarily restrict and preclude use of the New <br />Transit Platform Easement Area for maintenance as well as safety and <br />emergencies. <br />The foregoing easement rights are collectively referred to in this Agreement as the <br />"Easement." <br />Page 3 of 14 <br />
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