09-10-2003 Council Agenda - Laserfiche WebLink

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V. EASEMENTS AND ACCESS 5.01 Construction. Without cost or expense to the Council, the City is responsible for securing for the City and Council all access rights, rights of entry, and easements necessary for such personnel, equipment, and materials as are reasonably necessary for the purposes of performing the City's and Council's obligations or exercising their rights under this agreement. The City hereby grants to the Council the right to enter onto the City's easements and rights -of- way the City has or will have obtained for the Transit Center Project, for the purpose of the Council's inspection of any aspect of the Project. 5.02 Transit Use. Without cost or expense to the Council, the City grants to the Council all access rights, rights of entry, or permits which the Council requires for access upon and use of the Project for all regional public transit purposes, including maintenance of the Project improvements. Such rights or permits shall include rights of ingress and egress, rights to support for the Project improvements, rights to post regional public transit related signage, and necessary utility access. The rights or permits shall be in a form and content acceptable to the Council and in a recordable form. The term of the rights and permits shall be for a minimum of thirty (30) years. 5.03 Passenger /Driver Layover Facility. The Council intends to install two standard passenger waiting shelters at this location. Council is also considering construction of a transit layover facility. The Passenger/Driver Layover Facility would be designed to accommodate the current transit center location along the road right -of -way and pond easement area. The Passenger/Driver Layover Facility is expected to include a heated passenger waiting area and driver restrooms. The City agrees to cooperate with Council to facilitate construction of this facility at this location. It is understood that further agreement in the final terms and conditions is needed prior to construction of the transit layover facility. The City intends to install a well immediately adjacent to the transit center. The intent of the well is to provide additional water to the pond immediately to the south of the transit center during dry periods. The Council agrees that if the Passenger /Driver Layover Facility and the well are both constructed, that a cabinet for -6-