RecDoc 2013-166544 - Laserfiche WebLink

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C. The Development Agreement contemplates, among other things, that the Owner will designate, design and improve 2.4 acres of publicly accessible privately owned open space adjacent to Spinas Park in conjunction with the first phase of development which includes Net New Development in accordance with the requirements of the Precise Plan, and execute and record this Easement Agreement. In addition, the owner(s) of the portion of the Property known as Blocks A-C (the "Maintenance Owner"), as depicted on Attachment 2 shall be required to maintain the easement area at its or their expense. D. As contemplated by the Development Agreement, City and Owner now desire that Owner grant to City an easement for use and enjoyment of the publicly accessible private open space by the general public and provide for the maintenance of such publicly accessible private open space, all as set forth below. EASEMENT AGREEMENT NOW THEREFORE, the parties agree as follows: 1. Grant of Easement. For valuable consideration, including the bene�ts and rights conferred upon Owner under the Development Agreement, Owner hereby grants and dedicates to the City an easement for use and enjoyment by the general public ("Easement") on, over and across that certain approximately 2.4 acres of real property located adjacent to Spinas Park, as described in Attachment 3 attached hereto and incorporated herein by reference ("Easement Area"). This Easement is not intended to be tantamount to fee simple ownership and Owner reserves all rights that are not inconsistent with, and that do not unreasonably interfere with the Easement granted hereby, including but not limited to Owner's right to use the Easement Area for storm water treatment and retention; for utilities serving Owner's lands outside the Easement; for access to utilities; for pedestrian paths crossing the Easement Area; for tree planting; and for commemoration of cultural resources. This grant of Easement conveys no rights affecting the use of Owner's lands that are not included in the Easement Area and Owner reserves the right to lands outside the Easement Area in any lawful manner. 2. Use and Closure. The public's right to use the Easement Area is limited to daylight hours. The Easement Area may be used by the general public for informal recreational uses, which may include lawn areas, pathways, planted areas, benches, common areas, green space and the like. The Easement Area shall be open to the public, at minimum, from dawn to dusk 7 days a week, provided, however, Owner may temporarily close the Easement Area for construction or other work of improvements or, in Owner's reasonable discretion, due to disruptive behavior of users or people visiting the Easement Area or safety concerns. Closures lasting longer than 10 consecutive days shall be subject to written City approval, which shall not to be unreasonably withheld. The right of the public to use the Easement Area is subject to compliance with rules established by Owner from time to time in consultation with City, as the same may be subsequently amended. Owner shall provide copies of any proposed rules to the City Manager and the City Manager shall have 30 days to review and approve or disapprove any rule, or portion thereof. If the City Manager fails to approve or disapprove any rule within the 30 day period, Owner may send a second notice to City indicating that City's failure to approve or disapprove such rule within 10 business days following the date of delivery of the second notice shall be deemed City's approval of the proposed rule. City's subsequent failure to approve or EXHIBIT D 2 ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT REV: 08-14-13 PT