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Plan provides for a future public access trail connecting Langus Park to SR 529 along Ross <br /> Avenue ("Permanent Ross Avenue Improvements"). The City may approve an alternative <br /> that meets the goals, objectives and policies in the Shoreline Master Program. <br /> C. The City has agreed that Grantor's establishment of an interim trail in the <br /> location shown in Exhibit B ("Map") on the Property fully and completely satisfies the <br /> Property's public access requirements pursuant to Section 4 of the Shoreline Master <br /> Program, for any and all development activities that are part of the ongoing marina use, <br /> pending completion of the Permanent Ross Avenue Improvements. <br /> D. The interim trail is intended to serve as comprehensive, property-wide <br /> mitigation for public access requirements in connection with the current boat wash and <br /> fuel canopy permits, as well as any future shoreline development permits, building <br /> permits, or land use actions undertaken by Grantor on the Property that are part of the <br /> ongoing marina use, until such time as the Permanent Ross Avenue Improvements are <br /> constructed. <br /> EASEMENT AND AGREEMENT <br /> In consideration of mutual benefits to be derived and the performance of the <br /> covenants, terms and conditions hereinafter set forth, Grantor and the City hereby agree <br /> as follows: <br /> 1. Grant of Easement. Grantor hereby grants and conveys a temporary, <br /> nonexclusive easement for pedestrian ingress and egress (the "Interim Easement") over, <br /> through, along and across the trail area depicted in Exhibit B attached hereto (the <br /> "Interim Trail" or the "Easement Area") for use by the public, subject to the <br /> requirements below: <br /> A. Grantor may prohibit the public from riding bicycles, skateboards or <br /> motorized transportation equipment on the Interim Trail. Grantor shall permit use of the <br /> Interim Trail by dismounted cyclists. <br /> B. Grantor may close the Interim Trail between dusk and dawn. <br /> C. The City has no obligation to inspect, operate, maintain or <br /> supervise the Interim Trail. <br /> 2. Improvements to Interim Trail. <br /> A. The City has no obligation to improve the Interim Trail. <br /> B. Grantor shall not be required to improve the Interim Trail, except <br /> for the improvements set forth in Section 2.0 below: <br /> Interim Public Access Trail Easement Page 2 <br />