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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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2. New Transit Platform Construction. <br />A. Construction. The City will construct the New Transit Platform within the <br />New Transit Platform Easement Area substantially in accordance with the <br />Approved Plans and Specifications pursuant to a contract with a public <br />works contractor that requires substantial completion no later than within six <br />(6) months after the Effective Date of this Agreement. The City and Grantor <br />will fully cooperate with each other to minimize interference with each other <br />and all portions of the Grantor Property and all occupants thereof so that <br />each other's contractors, operations and projects are not unreasonably <br />disrupted or delayed. Grantor will also coordinate as necessary with all <br />businesses using the parking on Grantor's Property to minimize impacts and <br />interference with the City's construction of the New Transit Platfoini. In no <br />event shall the City perfoliii any construction staging or construction in any <br />areas of the Grantor Property or any other portions of the Everett Place site <br />other than within the construction staging area contained in the Approved <br />P lans and Specifications. The City shall comply with all laws applicable to <br />the City's construction activities related to comparable construction work <br />including, without limitation, delineating construction staging areas, <br />installing construction safety fencing and screening and safety signage. <br />B. Uninterrupted Transit Operations. Until such time as the City gives written <br />notice to Grantor that the New Transit Platform is substantially completed <br />and ready for public and transit use, Grantor and its contractors and agents <br />will not interfere with public and transit access to the Current Transit <br />P latfoiimi and will not interfere with the operation of the Current Transit <br />P latform. After such notice, the Current Transit Platform License and all <br />rights of the City thereunder shall terminate and Grantor may proceed with <br />the closing and demolition of the Current Transit Platform, at Grantor's cost. <br />C. Grantor Contribution. Within twelve (12) months after the City completes <br />the installation of the New Transit Platform, Grantor will pay the City <br />$200,000 as a contribution toward the City's costs in constructing the New <br />Transit Platform. <br />D. Amendment for Legal Description. After completion of the New Transit <br />P latform, the City at the City's cost may survey the as -built New Transit <br />P latform in order to develop a legal description of the New Transit Platform <br />Easement Area. Grantor and the City will execute and record an amendment <br />to this Agreement containing such legal description of the New Transit <br />P latfoiin Easement Area as built. <br />Page 4 of 14 <br />
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