RecD00 2000-116301 - Laserfiche WebLink

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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: 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 Use of Exterior Levee Area. Prior to completion of construction and installation of the Easement Improvements within the Exterior Levee Area, no public access over the Exterior Levee Area (except for the Exterior Pathway Area) 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 Area (other than the Exterior Pathway 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 of BCDC to reinstate public access over the Exterior Levee Area in accordance with the terms of the BCDC Permit. 1.2 Use of Exterior Pathway Area and Gate Area: Grant of Easement Over the Observation Deck Easement Area. The non-exclusive public access easement over the Observation Deck Easement Area is hereby granted to the City effective upon the date of recording of this Agreement; provided, however, that during construction and installation of the Easement Improvements within the Gate Area, the Exterior Pathway Area and the Observation Deck Easement Area, no public access shall be permitted weekdays between the hours of7:00 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 is hereby granted to the City effective upon the date of recording of this Agreement. 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 Area in accordance with the terms of the BCDC Permit. From and after such date of termination, any and all rights of the 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 " S I') lOa. "~g: "N- 16>0 6>q s~ ~ s~~ S~~ Nm(/) 6>W --- ~ --- --- = --- - - == - --- --- == ~ --- == - === ~ --- ~