[From the U.S. Government Printing Office, www.gpo.gov]











                                            PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM




                                          BAYFRONT BIKEWAY DEVELOPMENT PROJECT                                                    PHASE I
                                                                                FINAL REPORT






                                                                                CITY OF ERIE
                                                                 ERIE COUNTY, PENNSYLVANIA



                                                                                Prepared By:

                                                       ERIE COUNTY DEPARTMENT OF PLANNING
                                                                          December 31, 1993


                                                     DER GRANT/CONTRACT NO. - CZ1:92.01PE
                                                              GRANT TASK NO.                        CZ1:92PE.05
                                                                              HE NO.              92269







                              A REPORT OF THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL
                     RESOURCES TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
                                              PURSUANT TO NOAA AWARD NO. - NA270Z0335-01


                                                                    COASTAL                         Funded and Coordinated                NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
                                                                             through Department of Environmental Resour                                 
                                                                             sus, Office of Resources Management Bureau                                NOAA
                                                                             of Resourses Managament, Division of Coast-          
                          PENNSYLVANIA                                       at Zone Management and the Eric County De                    U.S DEPARTMENT OF COMMERCE
                                                                             partment of Planning.                                      
                                                                                                           ZONE


                     This project was financed in part through a federal Coastal Zone
                     Management Grant from the Pennsylvania Department of Environmental
                     Resources with funds provided by NOAA. The views expressed herein
                     are those of the author(s) and do not necessarily reflect the view
                     of NOAA or any of its subagencies.
 

























                  BAYFRONT BIKEWAY DEVELOPMENT PROJECT    PHASE I
                                   CITY OF ERIE
                             ERIE COUNTY, PENNSYLVANIA









                                   FINAL REPORT
                                 December 31, 1993





        The preparation of this report was funded and coordinated through
        the Pennsylvania Department of Environmental Resources, Bureau of
        Land and Water Conservation, Division of Coastal Programs, and the
        Erie County Department of Planning.






















          1ZL.











                                   TABLE OF CONTENTS





         SECTION                                                    PAGE NO.




              Project Location/Background    ........................  1

         2.   Scope of Work  ......................................    3

         3.   Pre-Construction Photographs    ........................ 5

         4.   Construction Photographs   ............................  9

         5.   Final Project Photographs   ..........................  12

         6.   Permits and Approvals   ..............................  18

         7.   Easement Agreement   .................................  22

         8.   As-Built Drawings   ..................................  28



         MAPS                                                       PAGE NO.


         1.   Site Location Map   ..................................   2








          1.   Project Location/Background

          The Bayfront Bikeway is a two-way, 10 foot wide improvement located
          on the north side of the Bayfront Parkway in the City of Erie.
          According to the specifications developed as part of the CZM-f unded
          Bayfront Bikeway Design Project (FY 1991), the bikeway route begins
          at West 6th and Cranberry Streets, runs along Cranberry Street to
          the Bayfront Parkway, and then extends eastward along the north
          side of the Bayfront Parkway, a distance of 1.5 miles to State
          Street. The west end of the bikeway links with an existing bikeway
          which originates at Presque Isle State Park, thereby connecting
          that natural resource with Erie's scenic bayfront and the central
          business district.

          Due to conflicting construction activities between the bikeway and
          three private development projects along that section of the
          bikeway route between Cranberry Street and Perry's Landing, the
          City of Erie requested and received CZM approval on a two-phase
          approach to the project. Phase I, which was completed as part of
          the FY 1992 CZM Grant, begins at West 6th and Cranberry Streets,
          runs along Cranberry Street to the Bayfront, at which point it
          terminates. Phase I then resumes at Perry's Landing and extends
          eastward along the north side of the bayfront Parkway to State
          Street (see Site Location Map) . Phase II, which is scheduled to be
          completed as part of the FY 1993 CZM Grant, will link the two
          segments of the bikeway which were completed as part of the Phase
          I project effort.      Phase II will begin at the intersection of
          Cranberry Street and the Bayfront Parkway and extend eastward along
          the north side of the Bayfront Parkway to Perry's Landing.            The
          entire bikeway route, except for that section along Cranberry
          Street,  has been identified as a Geographic Area of Particular
          Concern (GAPC) within the Lake Erie Coastal Zone as included in the
          State's  adopted Coastal Zone Management Program.           (Note:     The
          section of the bikeway along Cranberry Street was funded entirely
          by the   City of Erie).       The bikeway traverses through areas
          primarily made up of residential, industrial, and marine-related
          uses.


          The bikeway was developed through a unique public-private
          partnership which included the PA DER Division of Coastal Programs,
          the City of Erie, the County of Erie, the Bayfront Access and
          Beautification     Organization      (BABO),     Citadel     Development
          Corporation, Integra Bank, and many other organizations.               The
          original plans for the bikeway called for all construction to take
          place within the right-of-ways of the Bayfront Parkway and
          Cranberry Street.     However, with the assistance of BABO and the
          adjacent property owners, namely Citadel Development Corporation
          and Integra Bank, an aiternate bikeway route was developed which
          meanders outside the right-of-way onto private properties via
          easements.    BABO executed easement agreements with both Citadel
          Development Corporation and Integra Bank and subsequently
          transferred the easement rights to the City of Erie. The easements
          were obtained for the following sections of the bikeway:


                                              I






                                            BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE 1

                                                                      SITE LOCATION MAP




                                                                        BIKEWAY ROUTE








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          I    Along the north side of the Bayf ront Parkway between Cranberry
               Street and Perry's Landing on lands owned by Citadel
               Development Corporation (Phase II).

          2.   Along the north side of the Bayfront Parkway between Perry's
               Landing and Cherry Street on lands owned by Integra Bank
               (Phase I).

          During Phase I, two sections of the bikeway were constructed within
          public road right-of-ways: the section along Cranberry Street and
          the section along the Bayfront Parkway from Cherry Street to State
          Street.  It should be noted that the City of Erie is not a fee
          simple owner of these properties.     However, the City does have
          right-of -ways covering the properties which are controlled in trust
          for the general public. The law in Pennsylvania states that where
          lots are sold with streets as boundaries, the fee simple interest
          to the center of the street passes to the purchasers. However, the
          municipality is given a right-of-way and such right-of-way exists
          as long as the municipality uses the right-of-way for the purpose
          so dedicated. Therefore, the City of Erie does have significant
          property rights in the Cranberry Street and Bayfront Parkway right-
          of-ways and will maintain such rights as long as the streets are
          used as public right-of-ways.

          2.   Scope of Work

          The construction activities associated with the Bayfront Bikeway
          Development Project - Phase I were started in October 1993 and
          completed in December 1993 with funds provided by the PA Department
          of Environmental Resources Coastal Zone Management (CZM) Program
          and the City of Erie. The total project cost was $141,481, with
          the CZM share being $50,000. Specific activities which took place
          during the completion of this project effort includ6d:

          1.   Final Proiect Specifications and Engineering Drawings -
               Completed by the City of Erie in December 1992.

          2.   Delays in obtaining permits and approvals - The bid opening
               was delayed for several month as the City of Erie attempted to
               get the necessary approvals from the Pennsylvania Historical
               and Museum Commission (PHMC) and the Erie County Conservation
               District. Approval letters were submitted by the PHMC and the
               Conservation District on March 2, 1993 and June 30, 1993,
               respectively.    Because of these delays, CZM approved a
               contract extension through December 31, 1993 in order to give
               the City of Erie additional time to complete the project.

          3.   Easement Agreements - The Bayfront Access and Beautification
               Organization (BABO) had been working for a number of months
               with the Division of Coastal Programs (DCP), the Erie County
               Department of Planning, the City of Erie, Citadel Development
               Corporation, and Integra Bank to finalize the easement
               agreement language.    By mid-August 1993, the draft language


                                            3









               agreement language.     By mid-August 1993, the draft language
               was acceptable to all parties, and the City was given
               permission to schedule a bid opening.           (Note:   The final
               easement agreement between the City of Erie and BABO was dated
               November 30, 1993).

          4.   Bid Opening - The City of Erie held an official bid opening
               for the construction activities on August 17, 1993. The low
               bidder was the Joseph McCormick Construction Company.

          5.   Prolect Administration - During the next several weeks, the
               City of Erie, the DCP, and the Erie County Department of
               Planning finalized all paperwork in conjunction with this
               project effort.       A notice to proceed with construction
               activities was issued on October 1, 1993.

          6.   Proiect Phasing - Due to conflicting construction activities
               between the bikeway and three private development projects,
               the City of Erie submitted a letter to the Erie County
               Department of Planning on November 3, 1993 which requested DCP
               approval of a two-phased approach to the project.           Phase I
               would be completed by December 31, 1993 as part of the current
               contract and Phase II would be completed in the Spring of 1994
               under the FY 1993 CZM Grant. The DCP subsequently approved
               this request.

          7.   Completion of Construction Activities - The Joseph McCormick
               Construction Company started the Phase I construction
               activities in October 1993 and completed the project by the
               December 31, 1993 contract deadline. Specific construction
               activities which were undertaken as part of this project
               effort included.

                     Construction of a concrete bikeway along the west side of
                     Cranberry Street from West 6th Street to the Bayfront
                     Parkway.

                     Construction of a meandering asphalt bikeway along the
                     north side of the Bayfront Parkway from Perry's Landing
                     to Sassafras Street.      (Note:   Bikers will be directed
                     onto the north shoulder of the Bayfront Parkway between
                     Sassafras Street and State Street on an interim basis
                     until the Erie-Western PA Port Authority completes Phase
                     III of the Bayfront Bikeway through Wolverine Park).

                     Curb cuts were installed and catch basins were adjusted
                     as needed.


                     Tree plantings and final landscaping.

                     Final project sign will be installed upon completion of
                     the Phase II construction activities.



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                          3. PRE-CONSTRUCTION PHOTOGRAPHS
 I                BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE I
                                  SEPTEMBER 1993
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             1. Northward view along Cranberry Street at West 6th Street.1       Sept. 1993@      2. Southward view along the west side of Cranberry Street.1









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                                                                                           4.  Eastward view along the north side of the Bayfront Parlway at thel
       3. View of the intersection of Cranberry Street and the Bayfront Parkway..              entrance to Perry's landing.




















              5. Westward view along the Bayfront ParIzvay at Liberty Street.1 SePt. 19931  6. Westward view along the Bayfront Parkway at Cherry  Street.1











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                7. Eastward view along the Bayfront Parkway at Cherry Street.             8. Westward view along the Bayfront Parkway at the Chestnut Park'
                                                                                             Boat Launch Rmnp.













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    OD)     9. Westward view along the Bayfront Parkway at Water Works Road.             10. Eastward view along the Bayfront Parkway at  Water Works Road.1
                                                                               Se    19931









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             11. westward view along the Bayfront Parkway at Sassafras Street.1             12. Westward view along the Bayfront Parkway at State Street.1




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                          4. CONSTRUCTION PHOTOGRAPHS
 I               BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE I
                                  OCTOBER 1993
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                                                                                                                                                                                                     -7.



                                                    B
                                                                   ONT BIKE
                                                       AYFR                             N4Y                                                                                            W"
                                                      APROJECT FUNDED BY THE
                                                COASTAL ZONE MANAGEMENT PROGRAW
                                                US DOWMW OF                                                                                                                                             @7
                                                                                                                                                                                                            49e: -
                                                                COMRM         COMMEAUH OF POMMW


                                                                                      LOCAL SPONSORS
                                                Nalknal Ocean semce
                                                                                    Oty of Erie
                                                                                                                                                                                                                ,Vt
                                                ofte at Ocem a Cmsw RrAm managenwo  Erie County De Tnent
                                                                                               DeWment
                                                                                    of Pkinning
                                                General COntactOr                                              4-
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                                                               JoSePh McCorrnick COnstrWion Company, Inc,
                                                                                                                                                                                                     AA                       t
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                                                                                                                                                            14.    View of the graded bikeway                   route along the west side of
                    13.   Construction sign which was erected at the project site.                                             Oct. 1993
                                                                                                                                                                   Cranberry Street.








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                                                                                                                                                                       7





                                                            .7

                   J5. The Joseph McCormick Construction                          Caripany begins grading the                                        '16. Eastward view of the bikeway route along the Bayfront Parkway
                           bikeway route near the entrance to Perry's Landing.                                                                              upon ccmpletion of grading activities.









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         M. Construction of the concrete curbs along   Cranberry Street.   loct. 1993   18. Workers construct the concrete sidewalk along Cranberry Street.




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               77




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            119. Asphalt is used to construct the bikeway between Perry's               120. Steam rollers are used to ccqmct the asphalt east of Water
                 Landing and Sassafras Street.                                              Works Road.




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                           5. FINAL PROJECT PHOTOGRAPHS
 I                BAYFRONT BIKEWAY DEVELOPMENT PROJECT - P"SE I
                                  DECEMBER 1993
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           21. Westward view of the existing bikeway along the south side       Dec. 1993       22. The new bikeway connects to the existing bikeway at the
               of West 6th Street.                                                                  intersection of West 6th and Cranberry Streets.


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              23. Northward view of the new concrete bikeway on the west side                  24. Northward view of the concrete bikeway and curb cut at the
                 of Cranberry Street.                                                              intersection of West 5th and Cranberry Streets.











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             25. Northward view of the concrete bikeway as it approaches                      26. Southeast view of the concrete bikeway and curb cut at the
                  the Bayfront Bikeway.                                        Dec. 1993          intersection of Cranberry Street and the Bayfront Parkway.





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                27. Fastward view of the new asphalt bikeway along the  Bayfront          28. 'Westward view of the bikeway at the entrance to Perry's Landing.
                    Parluay at the entrance to Perry's Landing.






















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                   29. Westward view of the bikeway at Liberty Street.!        Dec. 1993         30. Eastward view of the Bikeway at Liberty Street.'
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                   31. Westward view of the bikeway at Cherry Street.                               32. Eastward view of the bikeway at Cherry Street.













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           33. Eastward view of the bikeway at the foot of Walnut Street.                    34. Eastward view of the bikeway adjacent to the Chestnut Park
    01                                                                         Dec. 1993
                                                                                                 Boat launch Ramp.








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              35. westward view of the bikeway adjacent to the Chestnut Street                    36. Eastward view of the biReway at Water works Road.
                  Water Filtration Plant.


















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          37. Westward view of the bikeway adjacent to GAF Corporation.        Dec. 1993           38. Westward view of the bikeway at Sassafras Street.'





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                         . . . . . . . . . .


                 39. Eastward view of the bikeway at Sassafras Street.                         40. View of the trees and landscaping adjacent to the bikewaY.,


































                             6. PERMITS AND APPROVALS

        The City of Erie obtained the following permits and approvals in
        conjunction with the Bayfront Bikeway Development Project - Phase
        I:

        1.   A March 2, 1993 letter from the Pennsylvania Historical and
             Museum Commission stating that the project will have no
             adverse impact on historic or archeological resources.

        2.   A June 30, 1993 letter from the Erie County Conservation
             District approving the City of Erie's Soil Erosion and
             Sediment Pollution Control Plan for the project.























                                        18




                                 1. PHMC Approval Letter:
                                    No Adverse Impact
                                    Commonwealth of Pennsylvania
                            Pennsylvania Historical and Museum Commission
                                     Bureau for Historic Preservation
                                        Post Office Box 1026
                                   Harrisburg, Pennsylvania 17108-1026



                                       March 2, 1993




          Ronald J. Desser
          City of Erie
          Bureau of Planning and Development
          Room 404
          626 State Street                       TO EXPEDITE REVIEW USE
          Erie, PA. 16501                        BHP REFERENCE NUMBER
                                        RE: ER #92-3940-049-D
                                            CZM, Bayfront Bikeway
                                            Construction Project, City of
                                            Erie, Erie County

          Dear Mr. Desser:

              The above named project has been reviewed by the Bureau for
          Historic Preservation (the State Historic Preservation Office) in
          accordance with Section 106 of the National Historic Preservation
          Act of 1966, as antended in 1980, and the regulations (36 CFR Part
          800) of the Advisory Council on Historic Preservation. These
          requirements include consideration of the project's potential
          effect upon both historic and archaeological resources.

              Based on the available information, there are no National
          Register eligible or listed historic or archaeological properties
          in the area of this proposed project and therefore, this project
          should have no effect upon such resources. Should you become
          aware, from any source, that historic or archaeological
          properties are located at or near the project site, please
          telephone the Bureau for Historic Preservation at (717) 783-8946.

                                        Sincerely,



                                        Kurt W. Carr, Chief
                                        Division of Archaeology
                                           and Protection


          KWC /ss










                                        19




                                     2. Conservation District Approval Letter:
                                        E & S Plan


                                  12723 ROUTE       wATERFORD. PA 16441 - PHONE (814) 796-4203



                                                      250019366
      TO: City of Erie
          Mark Kukla - City Engineering               June 30, 1993
          626 State St.
          Erie., PA 16SO1
      RE: Bayfront Bikeway, City of Erie, Erie County



      SUBJECT: SOIL EROSION & SEDIMENT POLLUTION CONTROL PLAN



      The plan has been reviewed and is adequate to meet the requirements of
      PA TITLE 25, Chapter 102, Erosion Control.

      The Conservation District has reviewed this plan solely to determine
      whether it is adequate to satisfy the requirements of 25 PA Code 102.1
      et. seq., the Erosion Control Regulations of the Department of Environ-
      mental Resources. By a determination that the plan is adequate to meet
      those requirements, neither the Conservation District nor the County
      assumes any responsibility for the implementation of the plan or the
      proper construction and operation of the facilities contained in the
      plan. The design, structure integrity, and installation of the control
      measures are the responsibility of the landowner and/or the earthmover.
      Before any construction or earthmoving may begin the appropriate and
      necessary local, state and federal ermits must be secured from the
                                        _p
      agency having specifiF'-p-er-m--itt'i-n-g-'authority.

      A copy of the Soil Erosion and Sediment Pollution Control Plan must be
      available at the site of the earthmoving activity during construction
      and until the site is stabilized.

      Comments on this plan are enclosed (See page 2).

      Your Conservation District stands ready to assist you in solving your
      conservation problems. If you have any questions regarding this or any
      other projects, please contact our office at the above address and
      telephone number.

                                         Sincerely,,,


                                        lqi 11 i am F. Staph
                                        District Technician
                                        FRIE CO. CONSERVATION DISTRICT








                              CONSEnVATION 0FVrL0PMFN1 - IF[ F G0VFnNMFNT



                                         20













                                       COMMENTS



       1.  A copy of the approval letter and the Soil Erosion & Sediment
           Pollution Control Plan must be kept on site at all times during
           construction.

       2.  You must notify the Conservation District (in writing) 5 days
           prior to the start of earthmoving project.

       3.  The Soil Erosion & Sediment Pollution Control Plan must be
           made available upon request of an inspector from the Department
           of Environmental Resources, Conservation District, or the Fish
           Commission.




















































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                             7. EASEMENT AGREEMENT
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                                 EASEMENT AGREEMENT



              THIS EASEMENT is made on November_,W,), 1993, by and between

        BAYFRONT ACCESS AND BEAUTIFICATION ORGANIZATION, INC. (THE "OWNER")

        AND THE CITY OF ERIE (THE "CITY").



              The reasons for this Easement Agreement are as follows:

              A.   The Owner owns property, or has easements on property and

        desires to give an easement, the dimensions and location of which

        are described on Exhibit A attached.

              B.   The easement shall include both a temporary and a

        permanent easement, each of which shall have the characteristics

        stated in this Agreement.

              C.   Both parties desire a written statement of their

        understanding.



              NOW, THEREFORE, intending to be legally bound, the Owner does

        hereby give and grant to the City and its assigns, and the City and

        its assigns hereby accep   t a nonexclusive easement for walking,

        running, biking, skating and similar recreational activities.

              The easement shall have the following characteristics:

              1.   Temporary Easement. The temporary easement shall be for

        construction of a foot path and associated landscaping across the

        Owner's property as described in Exhibit A. The easement will be

        30-feet wide with the centerline of the easement being the

        centerline of the path. The 30-foot temporary easement shall begin

        on the date of the execution of this easement and shall continue




                                         23










         until December 31, 1995, or until the path and associated

         landscaping are completed, whichever occurs first. If the path is

         not completed by December 31, 1995, this Easement Agreement shall

         terminate automatically without any further documents being filed

         of record.


              2.   Permanent Easement. The permanent easement shall be for

         the use and maintenance of a foot path across the Owner's property.

         The easement shall be as described in Exhibit..A and have a depth

         of 12-inches from the top of the surface of the path. The easement

         shall be for walking, running, biking, skating and similar

         recreational uses only. It shall not include the right to place

         trash cans, vendor carts, picnic tables,   park benches, signs and

         other similar uses on the easement. It shall not include the use

         of the landscaped area outside of the defined area of the permanent

         easement.


              3.   The Owner's Reserved- Rights.    The Owner reserves the

         right to change the location of the easement after the date of

         execution of this Agreement.     The Owner shall pay the cost of

         moving the foot path in the easement and the design of the new foot

         path shall be of the same quality and be reasonable in relation to

         the foot path within the easements on adjacent properties.       The

         design shall be consistent with a meandering foot path through a

         landscaped area along the Bayfront Parkway.         The relocation

         easement shall remain accessible to the public as described in

         Section 2 of this Agreement. If the location of the easement is





                                        24









         to be changed, the Owner and the City will amend this Agreement in

         writing accordingly.   The amendment shall include a sketch plan

         which identifies the new location of the easement.

             4.    Maintenance.   The City shall maintain, at its expense,

         the concrete or asphalt surface of the foot path within the

         permanent easement.

              5.   indemnification.    The City acknowledges that it has

         received the easement for the good of the general public, and that

         it has a primary duty to maintain the paved surface actually to be

         used by the public.      Therefore, the City hereby agrees to

         indemnify, save and hold harmless,    the owner from any and all

         liability claims or causes of action of law or in equity including

         attorney's fees and court costs arising from the actual usage by

         the public of the pathway within the easement granted herein. The

         city, however, does not agree to so indemnify, save and hold

         harmless the owner from the consequences of owner's willful acts

         or omissions; nor does the City accept any liability for any

         environmental hazards which may be discovered during the

         construction or use of the easement, unless actually created by the

         City. Owner, therefore agrees to indemnify, save and hold harmless

         the City from all such suits, claims and actions as aforesaid

         including attorney's fees and court costs. Owner further agrees

         to make periodic visual inspections of the pathway under

         construction and to make prompt reports to the City regarding any

         obvious or reasonably discoverable defects or hazards which should

         be repaired by the City.




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              6. Arbitration.    If the City fails to maintain or if the

        public or the City use the easement in a way inconsistent with the

        original purposes of the easement, then the Owner may request

        arbitration of the issue by written notice to the City.

        Thereafter., the arbitration shall take place in Erie County in

        accordance with the Compulsory Arbitration Rules of Erie County,

        Pennsylvania and the award of the arbitrators, which may include

        and injunction or declaratory relief, shall be final and binding

        on the parties.

             7.   MISCELLANEOUS.

                  a)   This is the entire agreement between the parties.

        It may not be amended by an oral agreement or a course of conduct.

        It may only be amended by a written agreement.

                  b) This agreement shall be binding upon the parties and

        their assigns.

             IN WITNESS to this Agreement, we fix our signatures and seals

        on August_, 1993.

                                       BAYFRONT ACCESS AND BEAUTIFICATION
                                       ORGANIZATION, INC.



                                       By_
                                          'Je*ff Gault




                                       THE CITY OF ERIE


                                       By@:@ 0_@4@Zj;=A
                                           1:16yce SaVocchio, Mayor







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                               DESCRIPTION OF EASEMENT





              TEMPORARY EASEMENT - All areas shown within the "Limit of
              Landscape" on drawings numbered 4-CC-4390, Sheets L-1
              through L-3, from Station No. 165+90 to 189+70 on f ile in
              Room 400 Municipal Building, 626 State Street, Erie, PA -
              The City Engineer's Office.

              PERMANENT EASEMENT - All areas showing the placement of
              the Bikepath, Alternative A, on drawings numbered 4-CC-
              4390, Sheets 5 through 8, from Station No. 148+50 to
              187+50, on file in Room 400 Municipal Building, 626 State
              Street, Erie, PA    The City Engineer's Office.







































                                      EXHIBIT A









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                             8. AS-BUILT DRAWINGS
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                                                                                                                              NOAA COASTAL SERVICES CTR LIBRARY
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