2015_1005_CCpacket - Laserfiche WebLink

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L'�► 43 1. NOW, THEREFORE, City and UPR hereby agree as follows: ACCESS EASEMENT. Attachment C 44 (a) Grant of Access Easement. UPR hereby grants, conveys and quitclaims to the 45 City a perpetual, non-exclusive easement, appurtenant to the City Lot, over the Access Easement 46 Area for pedestrian and passenger vehicular ingress and egress from and to Victoria Street North 47 and the Parking Easement Area. 48 49 50 51 52 53 54 55 � (b) Termination for increasing the burden on the Access Easement. Notwithstanding any other provision herein to the contrary, in the event the City ceases to use the City Lot for the purposes described herein, the Parking Easement shall automatically terminate effective following ninety (90) days' written notice from UPR (or the Owner of the UPR Lot) to the City unless the City (or its successor/assign in interest in and to the City Lot) agrees to execute a recordable amendment to this Agreement: (i) to shorten the length of the Access Easement (from Victoria Street) to not more than 50 feet in length and (ii) to equitably share the costs of maintenance, upkeep, repair, replacement and painting the Driveway. S% Z. PARKING EASEMENT. 58 (a) Grant of Parlcing Easement. UPR hereby grants, conveys and quitclaims to the 59 City the Parking Easement, which shall be a non-exclusive easement, appurtenant to the City 60 Lot, over the Parking Easement Area for the parking of up to sixty (60) non-commercial 61 passenger vehicles by the general public while using the City Lot for the recreational activities 62 described in paragraph A above. The siXty (60) parking spaces are to be ]ocated within the 63 Parking Easement Area as legally described on Eachibit C hereto and the Owner of the UPR Lot 64 may sign or otherwise indicate which specific parking spaces are subject to the the Parking 65 Easement. 66 (b) Termination for Change in Use of Cit.� Notwithstanding any other provision 67 herein to the contrary, in the event the City ceases to use the City Lot for the purposes described 68 herein, the Parking Easement shall automatically terminate effective following ninety (90) days' 69 written notice from UPR (or the Owner of the UPR Lot) to the City and the City (or its 70 successor/assign in interest in and to the City Lot) agrees to execute a recordable amendment to 71 this Agreement to evidence such termination of the Parking Easement. 72 73 74 75 76 77 78 79 80 81 (c) Use of Parking Easement. The use of the Parking Easement shall be restricted to the season and during the hours the City Lot is available for use by the general public as a public park. In all events: (i) only passenger vehicles, such as cars, SUVs, mini-vans, small delivery trucks and pick-up trucks, shall be allowed to park within the Parking Easement Area (i. e., no semi-trucks, oversized vehicles such as buses, or recreational vehicles such as RVs, snowmobiles, trailers, campers, boats, off-road vehicles, etc.); (ii) the Parking Lot Easement Area shall NOT be used for the storage, maintenance and/or repair of any vehicle, and may not be used for the parking or storage of non-functioning vehicles or storage trailers; (iii) no motor vehicle shall be parked in the Parking Easement Area over night; (iv) the Parking Easement Area shall NOT be used for picnics, barbeques, or social gatherings; and (v) the Parking Easement 2