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Port of Everett 10/8/2019
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Port of Everett 10/8/2019
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Entry Properties
Last modified
10/31/2019 9:20:46 AM
Creation date
10/31/2019 9:20:22 AM
Metadata
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Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
10/8/2019
Council Approval Date
8/28/2019
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Puget Sound Outfall #1
Tracking Number
0002038
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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2. Prior to any construction, work or any other activity within the Easement <br /> Area,notification and plans for the same shall be submitted in writing by the party planning <br /> to conduct such activity to the other party. No such construction, work or activity by either <br /> party shall be commenced unless it can be demonstrated to the reasonable satisfaction of the <br /> party not performing the work that such construction,work or activity does not and will not <br /> unreasonably interfere with the respective rights of the parties. Approval of such work or <br /> activity shall be given in writing by the City's Engineer in the case of the City's authorization <br /> to commence such work or activity; and, by the Chief of Engineering and Planning in the <br /> case of the Grantor's authorization to commence such work or activity. PROVIDED, <br /> HOWEVER, any changes or revisions in the plans shall also be subject the prior approval <br /> of such personnel, which approval shall not be unreasonably withheld, delayed, or <br /> conditioned. Neither party's review of plans under this Agreement shall be deemed to <br /> impose any duty or obligation on the other party to determine the adequacy or sufficiency of <br /> plans and designs nor whether construction, work or activity is in conformance with other <br /> applicable plans, codes and regulations. Further, agreement by a party to such construction, <br /> work or activity shall not in any manner be considered as imposing any obligation, duty or <br /> liability upon the other party as to the safety or propriety of such construction, work or <br /> activity. <br /> 3. Grantor hereby authorizes City, at its sole cost and expense, to cut,trim and <br /> remove any and all brush, trees, other vegetation or debris upon the Easement Area and the <br /> right of access for such purposes when needed for work on the Easement Improvements. To <br /> the extent that the City identifies brush, trees or other vegetation and debris within or near <br /> the Easement Area which, in the City's reasonable judgment, constitutes a hazard to the <br /> Easement and the right of access for such purposes, the City shall notify the Grantor and <br /> request that Grantor remove the hazard or authorize the City to do so. In the event of a <br /> disagreement as to the existence of a hazard or as to what method may be used to remove <br /> 3 <br />
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