Port of Everett 4/11/2016 (3) - Laserfiche WebLink

G. "Lot 9 Access Road" means a vehicular access road through the Property connecting Access Tract B to Lot 9. H. "South Exception Parcel Shoreline Trail"means continuous shoreline trail on the South Exception Parcel connecting from Lot 3 to the Property, with such shoreline trail constructed similarly to other shoreline trails in the Riverside Business Park and dedicated to the City for perpetual public use. I. "Public Access Improvements" means a trail or sidewalk through the Property as set forth in this Covenant for the purpose of providing a continuous public access connection from public access improvements on Lot 3 to public access improvements on Lot 9. J. "Performance Bond" means a payment and performance bond in favor of the City for the construction of the Public Access Improvements in a bond form reasonably acceptable to the City and issued by a surety listed in the U.S. Department of Treasury's Listing of Approved Sureties (Department Circular 570) or other surety acceptable to the City in the City's sole discretion, accompanied by a power of attorney for the surety's representative empowered to sign the bond. 2. Construction of Public Access Improvements /Use Restriction A. Construction and Deadline. Grantor agrees and covenants to construct the Public Access Improvements in accordance with this Covenant no later than twenty (24) months after issuance of the First Property Development Permit. B. Type and Location of Public Access Improvements. 1. Except as provided by Section 2.B.2 below,the Public Access Improvements must be an eight-foot wide connection trail that connects from Access Tract B to Lot 9, must be within the Easement Area, and must be constructed in accordance with City-standard requirements for pedestrian/bicycle trails, with a split rail fence for shoreline trail on the Snohomish River side of the trail, separating the trail from adjacent buffer. 2. In lieu of the Public Access Improvements described in Section 2.B.1 above, the Grantor may construct alternative Public Access Improvements in the following circumstances: a. If the South Exception Parcel Shoreline Trail exists, the Public Access Improvements need only include an eight-foot wide shoreline connection trail between the South Exception Parcel Shoreline Trail and Lot 9. The connection trail must be constructed in accordance with City-standard requirements for pedestrian/bicycle trails, with a split rail fence on the Snohomish River side of the trail, separating the trail from adjacent buffer . Public Access Covenant and Agreement Page 3