03-034 - King County - Fort Dent Park Transfer & Indemnification Agreement

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additional information within 45 days of a written request to do so by the City If the County fails to respond to the City's request or ask for additional information within the 45 day period, the County may not subsequently assert that such action violates this covenant. If the County asks for additional information within the 45 day penod, the County will have an additional 30 days from the receipt of the additional information to make its determination or the County may not subsequently assert that said action violates this covenant." "The City further covenants that it will not limit or restrict access to and use of the Property by non -city residents in any way that does not also apply to city residents. The City covenants that if differential fees for non -city residents are imposed, they will be reasonably related to the cost borne by city taxpayers to maintain, improve or operate the Property for parks and recreation purposes." "The City acknowledges that a portion of the Green River Trail runs across the Property and covenants to maintain in perpetuity the Trail for public trail purposes and to maintain in perpetuity the connections between the Trail on the Property with the portions of the Green River Trail that are outside of the Property "The City covenants that it shall place the preceding covenants in any deed transfemng the Property or a portion of the Property for public park, recreation or open space uses." 1.3 In conveying the Property by deed, the County shall reserve a utility easement for the sewer line that is currently located on the Property in substantially the same form as attached hereto as Exhibit C The utility easement legal description will be verified, and if necessary, amended, based on field survey results. The survey will be completed, and any amendments made to the reservation of sewer easement, prior to recording. 1 4 In conveying the Property by deed, the County shall reserve a River Protection Easement in substantially the same form as attached hereto as Exhibit D 2. Existing Restrictions, Agreements, Contracts or Permits, Representations and Warranties 2 1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and /or in the deed of conveyance. 2.2 The County has issued the following special use permits for use of portions of the Property- Special Use Permit No S -67 -01 with JCR Development Co for an underground communication conduit to provide telephone and computer data line service and Special Use Permit S- 111 -97 to the City of Tukwila to operate and maintain the trail on the Property These Special Use Permits will be extinguished upon transfer of title to the City 3