2018/05/09 Council Agenda Packet

;- a. Glacier View Neighborhood Park. The City has provided the YMCA a draft neighborhood park concept plan, which is attached to this Agreement as Exhibit C. For purposes of this Agreement, the "Neighborhood Park" is a neighborhood park on the Park Property that provides for the opportunity for City residents, members of the YMCA and others to recreate in a park with improvements substantially as shown in such draft concept plan, which includes, at a minimum, a walking pathway system, a playground and un-programmed open space, and also includes any future park amenities that may be constructed in connection with such improvements. b. YMCA Pool. The YMCA has provided the City a drawing of the to-be- constructed pool at approximately 100% design level, and titled Everett YMCA Project, Sheet A-1228 by BRCA, a reduced copy of which is attached to this Agreement as Exhibit D. For purposes of this Agreement, the "YMCA Pool" consists of the improvements substantially as shown in those 100%.drawings, which includes, at a minimum, the leisure pool (e.g., lazy river, zero depth entry) spa, sauna, separate lap lane pool, locker rooms, showers, restrooms and also includes any future aquatic amenities that may be constructed in connection with such improvements. 2. Glacier View Neighborhood Park. The YMCA will convey the Park Property to the City, and the City will thereafter construct improvements on the Park Property and operate the Park Property, as follows: a. Land Donation. (1) Final Legal Description of Park Property. Prior to the closing of the transfer of the Park Property to the City,the YMCA will record a boundary line adjustment, causing the creation of the Park Property as a separate legal parcel, which parcel shall (i) conform to the Park Property boundaries to those shown on the depiction attached as Exhibit B,and (ii) be established through a boundary line adjustment approved by the City in accordance with the City's boundary line adjustment processes. At the closing of the Transfer of the Park Property to the City, the City will reimburse the YMCA for survey and architectural costs directly associated with the creation of the Park Property as a separate legal parcel. (2) Title to Park Property. The YMCA will convey fee title to the Park Property to the City free and clear of(a) any contractors', mechanics', and materialman's or similar liens (other than those, if any, arising from the actions of the City or its agents), any judgment liens, and any mortgages, deeds of trust, or security interests and (b) any recorded easements, liens, or encumbrances other than the exceptions marked as "acceptable" on the title report excerpt attached as Exhibit E to this Agreement (such marked exceptions, the "Approved Exceptions"). (3) Conveyance. The YMCA will convey the Park Property to the City by bargain and sale deed in the form attached as Exhibit F (the "Deed") subject to no exceptions other than the Approved Exceptions. The Park Property will be restricted in the deed to open space and park use. The conveyance will include (a) all appurtenant rights to the Park 2 29