2017/05/31 Council Agenda Packet

AMENDMENT NO.2 TO RIVERSIDE BUSINESS PARK PUBLIC ACCESS AGREEMENT THIS AMENDMENT NO.2 TO RIVERSIDE BUSINESS PARK PUBLIC ACCESS AGREEMENT (this "Amendment") is dated for reference purposes 2017,and is entered into by and between the PORT OF EVERETT, a port district organized under the laws of the State of Washington (the "Port"), and the CITY OF EVERETT, a Washington municipal corporation(the "City"). RECITALS A. The City and Port are parties to the Riverside Business Park Public Access Agreement dated December 28, 2015, as amended by Amendment No. 1 (as amended,the "Agreement"), concerning public access improvements at Riverside Business Park. All capitalized terms in this Amendment are as defined in the Agreement. B. The City and Port haveagreed to extend certain deadline for construction certain improvements at the Riverside Business Park, as set forth in this Amendment. AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Time Extensions. A. Sidewalk Connector. The deadline for completion of the Sidewalk Connector(Segment E) is extended until March 31, 2018. B. Central Viewpoint Connector Trail. The deadline for completion of the Central Viewpoint Connector Trail (Segment F) is extended until March 31, 2019. C. Central Viewpoint. The deadline for completion of the Central Viewpoint (Segment H) is extended until March 31, 2019. 2. Confirmation re: Bike Use. The parties confirm that Segments A, B, D, J, K, F, L, M, and N (as shown in the Public Access Summary Drawing) are for pedestrian and bike use. The Port will construct (or cause to be constructed pursuant to Lot Covenants) these segments in compliance with City standards for bicycle/pedestrian use. If Segments J or K or portion thereof are terminated, then Segment E (Sidewalk Connector) must be reconstructed to be in compliance with City standards for bicycle/pedestrian use. 3