Laserfiche WebLink
Park trail system. Accordingly, in the event that both (a)the City has built such trails for <br /> public use south of Lot 9 and (b) the Public Access Improvements on the Property are not <br /> yet completed by December 31, 2026, then Grantor shall provide, until the Public Access <br /> Improvements are built on the Property, interim public access suitable for <br /> pedestrians/bicycles through the Property that connects from public access trails or <br /> sidewalks on Access Tract B to permanent or interim public access trails or sidewalks on <br /> Lot 9. <br /> 7. Miscellaneous Provisions <br /> A. Binding Effect. The rights and obligations of the Grantor and the City <br /> and under this Covenant run with the land and inure to the benefit of the public and City and <br /> the City's successors, and are binding upon Grantor, its successors and assigns and each and <br /> every person who at any time has any ownership interest in the Property. <br /> B. Governing Law. The laws of the State of Washington, without giving <br /> effect to principles of conflict of laws, govern all matters arising out of or relating to this <br /> Covenant. <br /> C. Venue. Any litigation arising from or relating to this Covenant <br /> may only be brought before the Snohomish County Superior Court. <br /> D. Complete Agreement. This Covenant constitutes the entire agreement <br /> of Grantor and the City relating to the subject matter of this Covenant. This Covenant <br /> supersedes and replaces all other written or oral agreements thereto. <br /> E. Amendment/Termination. No amendment to or termination of this <br /> Covenant will be effective unless it is in writing and signed by Grantor and the City. <br /> F. Waiver. No waiver of satisfaction of any condition or nonperformance <br /> of an obligation under this Covenant will be effective unless it is in writing and signed by the <br /> party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any <br /> other condition or nonperformance of any other obligation. <br /> G. Severability. If any provision of this Covenant is unenforceable to any <br /> extent, the remainder of this Covenant, or the application of that provision to any persons or <br /> circumstances other than those as to which it is held unenforceable, will not be affected by that <br /> unenforceability and will be enforceable to the fullest extent permitted by law. <br /> H. Notice. For a notice under this Covenant to be valid, it must be in <br /> writing and the sending party must use one of the following methods of delivery: (a) personal <br /> delivery to the address stated below; (b) first class postage prepaid U.S. Mail to the address <br /> stated below; or (c) nationally recognized courier to the address stated below, with all fees <br /> prepaid. <br /> Public Access Covenant and Agreement Page 6 <br />