2017/02/15 Council Agenda Packet

J the City,Port shall, at no cost to the City, execute and deliver to the City such documents as may be necessary to demonstrate that the Parcel D Public Access Shoreline Improvements are dedicated for public use and are City property. If the City has agreed under Section 2.A above that Public Access Shoreline Improvements may be constructed outside of the Combined Easement Area,Port shall provide legal descriptions and drawings for a revised easement area that contains all of the Parcel D Public Access Shoreline Improvements. The parties shall then fully execute and record easement amendments as necessary to so revise the Combined Easement Area. In any event,the easement areas for shoreline trails will be within a shoreline corridor of 50 feet in width(or such wider width as may be required by the Department of Ecology), which corridor includes will include trail and buffer,but will not include any bulkhead. In addition,the shoreline permit issued for improvements under this Amendment will state usual and customary requirements for landscape within shoreline jurisdiction, including,for example,Port responsibility for landscape maintenance and monitoring for a period after dedication. At the time of dedication,the Port will provide the City with landscape assurance device(s) for such requirements reasonably acceptable to the City. The assurance device will be in a form and an amount as is usual and customary for landscape dedicated to the City. The City is responsible,effective upon dedication of the Parcel D Public Access Shoreline Improvements to the City,to maintain the Parcel D Public Access Shoreline Improvements within the Combined Easement Area at the City's cost. 4. Termination of Combined Easement Area. A. Change from Non-Water Dependent to Water Dependent Use. If after the date of dedication of the Parcel D Public Access Shoreline Improvements, Lot 2 or Lot 3 use is changed from non-water dependent use to water dependent use, as "water dependent" is defined in Title 19 of the Everett Municipal Code or successor ordinance, then Port may, subject to Section 4.B below, terminate shoreline portions of the Combined Easement Area therein to the extent reasonably necessary to accommodate the water dependent use, which termination will also cause the Parcel D Public Access Shoreline Improvements within the terminated Combined Easement Area to be deemed no longer dedicated to public use and become the property of Port, transferred to Port strictly "AS-IS" and "With all Faults". The Port and the Grantee will cooperate with each other to execute and record such documents as may be reasonably necessary to give record notice of any easement termination. Regardless of any termination of any Lot Easement, this Amendment remains in full force and effect. B. Combined Easement Area Termination Requirements. 1. Connector Trail. If removal of Parcel D Public Access Shoreline Improvements on the Property will cause a public shoreline trail on Lot 3 to dead-end,then Port and Grantee will confer the feasibility of constructing and dedicating for public use a connection trail, for the purpose of providing a direct connection from the dead-end public shoreline trail to other public trails north of the Property, with all such improvements at Port's sole cost. Because of the variety of configurations that could occur, it is not possible to predict in advance the feasibility of such a connection trail. Accordingly, the parties agree that questions regarding such a connection trail will be determined in light of applicable law regarding public trails and shoreline management at the time such questions arise. 1�