AgdaPkt 2000-02-07 - Laserfiche WebLink

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1. Grant of Easements. RSP hereby grants to the City non-exclusive public access easements in, over, upon and through the Easement Areas at the times and upon the conditions set forth in Sections 1.1 through 1.3 below. 1.1 Grant of Easement Over Exterior Levee Easement Area. The non- exclusive public access easement over the Exterior Levee Easement Area is hereby granted to the City effective upon the date of recording of this Agreement; provided however, that prior to completion of construction and installation of the Easement Improvements within the Exterior Levee Easement Area, no public access shall be permitted weekdays between the hours of 7 :00 a.m. and 5 :00 p.m. The non-exclusive public access easement over the Exterior Levee Easement Area shall be immediately suspended upon final completion of all of the Easement Improvements to be constructed and installed by the City within the Alternative Inland Easement Area and such non- exclusive easement rights shall be reinstated only upon the determination ofBCDC to reinstate public access over the Exterior Levee Easement Area in accordance with the terms of the BCDC Permit. 1.2 Grant of Easements Over the Gate Easement Area. Exterior Pathway Easement Area and Observation Deck Easement Area. The non-exclusive public access easements over the Gate Easement Area, the Exterior Pathway Easement Area and the Observation Deck Easement Area are hereby granted to the City effective upon the date of recording of this Agreement; provided, however, that prior to completion of construction and installation of the Easement Improvements within the Gate Easement Area, the Exterior Pathway Easement Area and the Observation Deck Easement Area, no public access shall be permitted weekdays between the hours of 7 :00 a.m. and 5 :00 p.m. 1.3 Grant of Easement Over the Alternative Inland Easement Area. The non-exclusive public access easement over the Alternative Inland Easement Area shall not be granted upon the recording of this Agreement but rather shall be granted and be and become effective only upon the fmal completion of all of the Easement Improvements to be constructed and installed within the Alternative Inland Easement Area. The granting of the non-exclusive public access easement over the Alternative Inload Easement Area shall not require the execution of additional documents or the performance of additional acts by RSP or the City. The non-exclusive public access easement over the Alternative Inland Easement Area shall terminate upon the determination ofBCDC to reinstate public access over the Exterior Levee Easement Area in accordance with the terms of the BCDC Permit. From and after such date of termination, any and all rights ofthe City and the public to use the Alternative Inland Easement Area under this Agreement or otherwise shall cease and be null and void. 2. Uses Reserved by RSP. RSP hereby reserves for itself and for its successors and assigns in title to the Property and each of their respective partners, 3 . 'T"--"-'-T--