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

City, execute and deliver to the City such documents as may be necessary to demonstrate that the Public Access Improvements are dedicated for public use and are City property. If the Public Access Improvements as constructed are located in an alternative location as allowed under Section 2.B.2 above, Grantor shall provide legal descriptions and drawings for a revised easement area that contains all Public Access Improvements. The parties shall then fully execute and record an amendment to the Public Access Easement that so revises the Easement Area in a form acceptable to the City. The parties acknowledge that, in any event, the following are requirements for easement areas: • For sidewalks, the easement area will include (a)the sidewalk area itself; (b) and a 2-foot buffer on the street side, with the buffer providing at least 2-feet of clearance from utility improvements (such as, for example, fire hydrants); and(c) a 2 foot buffer on the non-street side. • For connection trails, the easement area will include a 10 foot wide trail along with 3 feet on each side of the trail, for a total of 16 feet. In addition, the shoreline permit issued for improvements under this Covenant will state usual and customary requirements for landscape within shoreline jurisdiction, including, for example, Grantor responsibility for landscape maintenance and monitoring for a period after dedication. Buffers and landscaping shall be in accordance with applicable shoreline permit requirements, which may require buffers and landscaping inside and outside of the Easement Area. At the time of dedication, the Grantor 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 Public Access Shoreline Improvements to the City, to maintain the Public Access Shoreline Improvements within the Easement Area at the City's cost. 4. Covenant Term. This Covenant is perpetual. 5. Option to Later Swap Public Access Improvements. If the South Exception Parcel Shoreline Trail or the Lot 9 Access Road is built after construction and dedication of the Public Access Improvements, the Grantor may elect to construct alternative Public Access Improvements in accordance with Section 2.B.2 above, in which case (a) such alternative Public Access Improvements will be dedicated to City as set forth in Section 3 above, (b)the Public Access Easement will be amended as set forth in Section 3 above, and (c) after such dedication and amendment,the original Public Access Improvements on the Property no longer in the Easement Area as amended will become the property of the Grantor, transferred to Grantor strictly "AS-IS" and "WITH ALL FAULTS." 6. Interim Access. Grantor acknowledges that the City intends to build trails for public use on City property located generally south of Lot 9. When such trails are built, it is important to the City that those trails have connectivity to Riverside Business Public Access Covenant and Agreement Page 5