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

                                               PENNSYLVANIA COASTAL ZONE MANAGEMENT PROGRAM

                                            BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
                                                                                  FINAL REPORT

                                                                                  CITY OF ERIE
                                                                    ERIE COUNTY, PENNSYLVANIA

                                                                                   Prepared By:

                                                          ERIE COUNTY DEPARTMENT OF PLANNING
                                                                            September 30, 1994

                                                        DER GRANT/CONTRACT NO. - CZ1:93.01PE
                                                                 GRANT TASK NO.                        CZ1:93PE.08
                                                                                ME NO.               93229

                                  A REPORT OF THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL
                        RESOURCES TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
                                                     PURSUANT TO NOAA AWARD NO. - NA370ZO351

                                  COASTAL       Funded and Coordinated                      NATIONAL OCEANIC AND ATMOSPHERIC ADMINSTRATION
                                    through Department of Environmental Resour-
                                    ses, Office of Resources Management, Bureau                         NOAA
       PENNSYLVANIA                 of Resourses Management, Division of Coast
                                    al Zone Management and the Erice 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 II
                                       CITY OF ERIE
                                ERIE COUNTY, PENNSYLVANIA

                                       FINAL REPORT
                                    September 30, 1994

            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.

          ki

                                       TABLE OF CONTENTS

             SECTION                                                    PAGE NO.

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

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

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

             4.   Construction Photographs   ............................  7

             5.   Final Project Photographs   ..........................  10

             6.   Permits and Approvals   ..............................  15

             7.   Easement Agreement   .................................  19

             8.   As-Built Drawings   ..................................  25

             MAPS                                                       PAGE NO.

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

             1.   Proiect Location/Background

             The Bayfront Bikeway is a two-way, 10 foot wide improvement located
             on the north side of the Bayf ront 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 Parkway, 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. Phase II, which was completed as part of the FY 1993 CZM
             Grant, links the two segments of the bikeway which were completed
             as part of the Phase I project effort.      Phase II begins at the
             intersection of Cranberry Street and the Bayfront Parkway and
             extends eastward along the north side of the Bayfront Parkway to
             Perry's Landing (see Site Location Map).     Grass seeding for the
             entire Bayfront Bikeway Project (Phase I and Phase II) was
             completed as part of the Phase II project effort. It should also
             be noted that the Phase II project site 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.

             As noted in the Phase I project report, 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 alternate 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:

                                                          BAYFRONT BIKEWAY DEVELOPMENT PROJECT                                                 PHASE 2

                                                                                            SITE LOCATION MAP

                                                                                              BIKEWAY ROUTE

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

              2.    Along the north side of the Bayfront Parkway between the
                    entrance to the Niagara Pointe Subdivision and the entrance to
                    Niagara Pier on lands owned by Citadel Development Corporation
                    (Phase II).

              During Phase II, two sections of the bikeway were constructed
              within public road right-of-ways: the section between Cranberry
              Street and the entrance to the Niagara Pointe Subdivision and the
              section between the entrances to Niagara Pier and Perry's Landing.
              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
                vering the properties which are controlled in trust for the
              general public. The law in Pennsylvania states that where lots are
              co

              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 Bayfront Parkway right-of-way and will
              maintain such rights as long as the street is used as a public
              right-of-way.

              2.    Scope of Work

              The Bayfront Bikeway Development Project - Phase II construction
              activities started in May 1994 and were completed in September
              1994.   The funds used to complete Phase II were provided by the
              City of Erie as part of the required cash match for the entire
              project (Phase I and Phase II).         The total Phase II cost was
              $30,400.     Specific activities which took place during the
              completion of this project effort included:

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

              2.    Easement Agreement - The final easement agreement between the
                    City of Erie and the Bayfront Access and Beautification
                    Organization was dated November 30, 1993.

              3.    Permits and Approvals - The City of Erie obtained the
                    necessary approvals from the Pennsylvania Historical and
                    Museum Commission and the Erie County Conservation District on
                    March 2, 1993 and June 30, 1993, respectively.

              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.

                                                  3

             5.   Project 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 FY 1992
                  contract and Phase II would be completed by September 30, 1994
                  under the FY 1993 CZM Grant. The DCP subsequently approved
                  this request.

             6.   Construction Activities - The Erie County Department of
                  Planning issued a notice to proceed with Phase II construction
                  activities on May 9, 1994. The Joseph McCormick Construction
                  Company started construction in May 1994 and completed the
                  project by the September 30, 1994 contract deadline. Specific
                  construction activities which were undertaken as part of this
                  project effort included.

                  -    Construction of a meandering asphalt /concrete bikeway
                       along the north side of the Bayfront Parkway from
                       Cranberry Street to Perry's Landing.

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

                  -    Final landscaping.

                  -    Final project sign was erected along      the bikeway at
                       Chestnut Park.

                                              4

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                              3. PRE-CONSTRUCTION PHOTOGRAPHS
     I                BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
                                         MAY 1994
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                                             4-

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                                                        -not

                                                                                                                            7"

              Eastward view along the north side  of  the Bayfront                       May     2. Westward view along   the north side of the Bayfront
               Parlway immediately adjacent to Cranberry  Street.                       1994@       parkway.

                                                                                                                                                                     Jf,

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                                                                                                                                                       '12 W411

          3. View along the north side of  the Bayfront Park%ray                                 4. Eastward view along   the Bayfront Parkway immediately
             east of the Niagara Pointe subdivision entrance.                                       adjacent to the Niagara  Pier entrance.

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                               4. CONSTRUCTION PHOTOGRAPHS
     I                BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
                                    JUNE - AUGUST 1994
     1
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                                                                                                                                                                                                   A

                                               BAYFRONT 81
                                                                     KEWAY
                                                A PRWECT FUNDED BY THE            tM
                                           tDASAL7jDNEMAKAGENIEKI------
                              710   -.X                         -,COMMONWEALTH OF FENNSYVW                                                                                                   F
                                            U& DEPARTMENT OF COMMERCE
                                                          10.09@ -D.dF I
                                                                      LOCAL SPONSORS
                                                ow S.-               Ofty of Eft                        4t
                                                                     EIW C*WtV
                                                                             OMM-t-ft
                                            or-doWAG."

                        W                                                  L

            15. Construction       sign which was erected at the project site.                          iune-August'@ 6. View of the graded                 bikeway along      the north side      of  the
                                                                                                                  1994            Bayfront Parkway near Cranberry Street,facing west.

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                                                                                                                                                                    71

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                                                                                                                                                                                           AWS
                                                                                                                                                                                      n-k v

             7. view of the graded bikeway            along   the north     side  of the                                     8.  View immediately adjacent to Niagara               Pier   entrance,
                 Bayfront parkwayjacing east.                                                                                    facing west.

       = = = = = M = = = = = = M = = = M M =

                   71               7%          7 71

                                                                                                                                     7.
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                                                       r. 9_1 W-7.

                                             A-
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         9. Eastward view of the graded bikeway along the north side of     June-August; 10. View along the Bayfront Parkway upon completion of grading
            the Bayfront Parkway between the Niagara Pier entrance and             1994        activities,facing west.
            the Perry's landing entrance.

                                                                                          A:*

                                                                                                i5

                                                  11. The Joseph McCormick Construction company workers survey
                                                      the bikeway route after grading was completed.

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                               5. FINAL PROJECT PHOTOGRAPHS
     I                BAYFRONT BIKEWAY DEVELOPMENT PROJECT - PHASE II
                                      SEPTEMBER 1994
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                                  7                                                                            -77-7

                                                  BAYFRONT BIKEWAY
                                                             PHASE 4 AND 11
                                             WEST 6TH AND CRANBERRY STREETS TO STATE STREET

                                                     A PROJECT FUNDED BY THE
                                               COASTAL ZONE MANAGEMENT PROGRAM
                                    U. S. DEPARTMENT OF COMMERCE    COMMONWEALTH Of PENNSYLVA:-14
                                     NATIONAL OCEANIC AND            DEPARTMENT OF ENVIRONV.Erflt@'
                                     ATMOSPHERIC ADMINISTRATION      RESOURCES
                                                                                                                                                                                                LA
                                     NATIONAL OCEANIC SERVICE
                                                                           LOCAL SPONSORS:

                                     OFFICE OF OCEAN AND COASTAL      - CITY OF ERIE
                                     RESOURCE MANAGEMENT              - ERIE COUNTY DEPARTMENT
                                                                        OF PLANNING

                                                          i993        1994

            12. The    final project       sign to     the Bayfront      Bikeway was erected                   September113.           View of the concrete          bikeway and      curb cut across from
                  at Chestnut Park.                                                                                  1994              Cranberry Street.

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                            1--4 1.4
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            14. Northwest view of the bikeway                from the intersection of                                           15. Westward view of          the bikewaY       at the Niagara Pointe Subdivision entrance.
                  Cranberry Street and,the Bayfront Parkway.

          16. Beginning of the asphalt section of the bikeway imediately east of    Sept     17. Eastward view of the asphalt section of the bikeway.
              Niagara Pointe Subdivision entrance.                                  1994

         18. Asphalt section of the bikeway along Cascade Greek between                    19. Asphalt section of the bikeway connecting into the Niagara Pier Parking
             Niagara Point Subdivision and Niagara Pier, facing east.                          lot,facing-west.

                                                                   6AU                                                                           na
                                                                 AM

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         20. Concrete bikeway adjacent to Niagara Pier,facing west.                 Sept. 21. Concrete bikewaY adjacent to Niagara Pier,facing east.
                                                                                    1994

                                jig
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         22. View of the concrete bikeway adjacent to the Perry's landing entrance,         23. View of the concrete bikeway adjacent to the Perry's Landing entrance,
            facing west.                                                                        facing east.

                       ZIMP

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          24-The Bayfront Access and Beautification organization. gathered volunteers Sept      Volunteers are busy spreading compost material  along the bikeway route
        .01  and materials to do the landscaping along the Bayfront Bikeway.          1994

                                                                                                                      7

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                  A

          26. landscaping equipment is being used to move the compost material              27. View of the landscaping activities adjacent  to the bikeway.
              along the bike%mY route.

                                 6. PERMITS AND APPROVALS

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

             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.

                                            15

                                     1. PHKC Approval Letter:
                                        No Adverse Impact
                                        Conunonwealth of Pennsylvania
                               Pennsylvania Historical and Museum Commission
                                         Bureau for H4toric Preservation
                                            Post Office Box 1026
                                       Harrisbur& Pennsylvania 1710&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, Ph 16501                         SHP REFERENCE NUM13ER
                                           RE: ER #92-3940-049-D
                                               CZM, Bayfront Bikeway
                                               Construction Project,. City of
             Dear Mr. Desser:                  Erie, Erie County

                  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,

                                            Nurt W. Carr, Chief
                                            Division of Archaeology
                                               and Protection

             KWC/ss

                                           16

                                                              Erie County Conservation District
                                         2. Conservation Qistrict Approval Letter:
                                            E & S Plan

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

          TO: City of Erie                                250019366
              Mark Kukla - City Engineering               June 30, 1993
              626 State St.
              Erief PA 16SO1
          RE: BayfTont 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 specif iF* -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 contac@ our of.-fice at the above address and
          telephone number.

                                             Sincerely

                                            I iliam F. Staph
                                            District Technician
                                            ERIE CO. CONSERVATION DISTRICT

                                  cow;rnVATION I)FVFLr)PMFNI - SF1 F G0VrnNNiFNT

                                             17

                                           COMMUTS

           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.

                                              18

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                                 7. EASEMENT AGREEMENT
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                                      EASEMENT AGREEMENT

                  THIS EASEMENT is made on November-W21 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.   Temmorary 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

                                              20

             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 f or

             the use and maintenance of a f oot path across the Owner I s property.

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

             of 12-inches from the top of the surf ace 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 an the easement. It shall not include the use

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

             easement.

                  3.   The Owner I 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 footpath 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

             easem ent shall remain accessible to the public as described in

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

                                              21

             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 f rom 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 attor-ney's fees and court costs.   0,.v-ne-- 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.

                                           22

                  6. Arbitration.    If the City f ails to 7naintain 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 f ix our signatures and seals

            on August       1993.

                                           BAYFRONT ACCESS AND BEAUTIFICATION
                                           ORGANIZATION, INC.

                                           BY_
                                               "'Je'ff Gault

                                           THE CITY OF ERIE

                                           By@=@       4Z-,@
                                                -16yce SaVocchio, Mayor

                                             23

                                   DESCRXPTION OF EASEMENT

                  TE24PORARY 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 file 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
     9
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                                           25
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