AgdaPkt 2000-02-07 - Laserfiche WebLink

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limited portion of Levee Segment VII described in Exhibit D attached hereto (the "Exterior Pathway Easement Area") to allow pedestrian and bicycle access to the Observation Deck Easement Area (as described in subparagraph (iv) immediately below). (iv) A two hundred (200) square foot elevated public observation platform cantilevered over the bayward slope of Levee Segment VII within that limited portion of Levee Segment VII described in Exhibit E attached hereto (the "Observation Deck Easement Area"). (v) A ten (10) foot wide asphalt pedestrian and bicycle pathway immediately adjacent to Shearwater Parkway from the southwesterly comer of the Property running easterly along the southwesterly boundary of the Property for approximately four hundred (400) feet and an eight (8) foot wide asphalt bicycle pathway and a separate six (6) foot wide pedestrian pathway of decomposed granite on top of the existing narrow levee running easterly along the southwesterly boundary of the Property and then turning northerly at the southeastern comer ofthe Property and running along the inboard dredger channel, with all pathways described above being located within that limited portion of the Property described in Exhibit F attached hereto (the "Alternative Inland Easement Area"). The Exterior Levee Easement Area, the Gate Easement Area, the Exterior Pathway Easement Area, the Observation Deck Easement Area and the Alternative Inland Easement Area are collectively referred to in this Agreement as the "Easement Areas. " All of the improvements to be constructed within the Easement Areas by the City as described in subclauses (i) through (v) above are collectively referred to herein as the "Easement Improvements." C. Concurrently with the execution and delivery of this Agreement, RSP and the City are entering into that certain License and Indemnification Agreement of even date herewith (the "License Agreement") pursuant to which the City has agreed to construct and install the Easement Improvements within the Easement Areas at its sole cost and expense. . D. Pursuant to the terms of the BCDC Permit, RSP is required to grant non- exclusive easements to the City over the Easement Areas, subject to the conditions set forth in Section 1 below. E. RSP is willing to grant these non-exclusive easements in, over, upon and through the Easement Areas to the City upon all of the terms and conditions set forth below. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 2