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Port of Everett 4/11/2016 (4)
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Port of Everett 4/11/2016 (4)
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Last modified
10/1/2021 1:52:51 PM
Creation date
6/7/2017 11:53:45 AM
Metadata
Fields
Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
4/11/2016
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Public Access Covenant/Agreement Lot 9
Tracking Number
0000703
Total Compensation
$0.00
Contract Type
Real Property
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
The Boeing Co. 9/29/2021 Amendment 4
(Contract)
Path:
\Documents\City Clerk\Contracts\Agreement\Use of Property
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3. Dedication of Public Access Shoreline Improvements. Within ninety <br /> (90) days after completion of the Public Access Improvements in accordance with this <br /> Covenant and acceptance of the Public Access Improvements by the City, Grantor shall, at <br /> no cost to the City, execute and deliver to the City such documents as may be necessary to <br /> demonstrate that the Public Access Shoreline Improvements are dedicated for public use <br /> and are City property. If the City has agreed under Section 2.A above that Public Access <br /> Shoreline Improvements may be constructed outside of the Easement Area, Grantor shall <br /> provide legal descriptions and drawings for a revised easement area that contains all of the <br /> Public Access Shoreline Improvements. The parties shall then fully execute and record an <br /> amendment to the Public Access Easement that so revises the Easement Area. In any <br /> event, the easement areas for shoreline trails and viewpoints will be within a shoreline <br /> corridor of 50 feet in width (or such wider width as may be required by the Department of <br /> Ecology), which corridor includes will include trail, viewpoint and buffer, but will not <br /> include any bulkhead. In addition, the shoreline permit issued for improvements under this <br /> Covenant will state usual and customary requirements for landscape within shoreline <br /> jurisdiction, including, for example, Grantor responsibility for landscape maintenance and <br /> monitoring for a period after dedication. At the time of dedication, the Grantor will <br /> provide the City with landscape assurance device(s) for such requirements reasonably <br /> acceptable to the City. The assurance device will be in a form and an amount as is usual <br /> and customary for landscape dedicated to the City. , The City is responsible, effective <br /> upon dedication of the Public Access Shoreline Improvements to the City, to maintain the <br /> Public Access Shoreline Improvements within the Easement Area at the City's cost. <br /> 4. Covenant Term. This Covenant terminates upon dedication of the Public <br /> Access Improvements and the amendment (if any) of the Public Access Easement, all in <br /> accordance with Section 3 above. <br /> 5. Interim Access. Grantor acknowledges that the City intends to build trails <br /> for public use on City property located generally south of the Property. When such trails <br /> are built, it is important to the City that those trails have connectivity to the Riverside <br /> Business Park trail system. Accordingly, in the event that both (a)the City has built such <br /> trails for public use south of the Property and (b)the Public Access Improvements on the <br /> Property are yet not completed by December 31, 2026, then Grantor shall provide, until the <br /> Public Access Improvements are built on the Property, interim public access suitable for <br /> pedestrians/bicycles through the Property that connects from permanent or interim public <br /> access trails or sidewalks on Lot 7 to the City trails south of the Property. <br /> 6. Miscellaneous Provisions <br /> A. Binding Effect. The rights and obligations of the Grantor and the <br /> City and under this Covenant run with the land and inure to the benefit of the public and <br /> City and the City's successors, and are binding upon Grantor, its successors and assigns <br /> and each and every person who at any time has any ownership interest in the Property. <br /> Public Access Covenant and Agreement Signature Page <br />
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