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5 <br /> • <br /> AGREEMENT TRANSFERRING OWNERSHIP OF UTILITY POLE <br /> (To-MUnietpal or Business Entity)• <br /> Thisis-an agreement by:and bet‘veenTublieUtility District No. 1 of Snohomish County <br /> (the"MD') and City of Everett a X it-Attic-IA.&a bildness corporation or a <br /> limited liability company(the "Grantee") transferring OWnership of the utility pole described <br /> below frorn.the MD to the.:Grantedi , <br /> The-PUD has removed all of its facilities,from the polo because it no longer meets the <br /> PUD'S standards-fOr use.The Pi-iD.W notified the Granted thatit prop,OseS tO.rettoVe the pole: <br /> . . <br /> The Grantee still hasfacilities Ori 410 pole, and,haVing inspected the,facilifieS,has made <br /> an independent determination that the peleIncets its$:t0414.4% ts.Ware th4t.thp pole may have <br /> been treated. with wood preservatiVes.,. wishes to acquire,,ownership the pole in its .present. <br /> condition,and certifies that the polewill remain,in its present location for use to support existing <br /> utilities Only, The Grantee hereby'repeats that the PhD transfer ownership of the pole to the <br /> Grantee Ko rthat reillPY41 Of OrOtees fçjlitjewjflotbOlegnitedOreeutly,.. <br /> •The PUD hereby-formally grants, transfers.and:assigna its entire interest in Sthe'desciibed <br /> utility pole in AS IS,•WHEAE IS 'Condition, WithOnt repreSentatiOnabOut its•condition Or fitness <br /> for any particular purpose, to the btantee, 'This transfer Of ownership does-not include any <br /> interest in permits, franchises,.rights-of,way or easements-in connection with, or relating to, the <br /> poJç <br /> The--Grantee ac.eepts.ownership Of the pole ais;Nkfilerd is and assumes all liability and <br /> responsibility 0_ertaitting to the pole, its eOndifien and its use, The Grantee agrees, at the <br /> Grantee's sole expense, to; (1) TOintain the pole so that it will not pose a risk to public:safety; <br /> (2) eventually:remove and properly dispose of.the poleand (3)-perform any site restoration <br /> asSociated.With the pel 6,,its•rembval-and.RS Ideation,me Grantee further agrees to indemnify, <br /> hold harmless and defend the PUD,its commissioners, i5ficicr.o.,:oixvidyteWand:4gents,ft-On-1.6nd <br /> against all claims, daniages„ penalties, expenses, fees and:costs fneluding attorneys' fees and. <br /> costs of any administrative proceeding or litigation,Wiganany such fees.and costs on appeal, <br /> or petition for review or petition for certiorari. arising:from or alleged to arise-from the pole <br /> transferral,the PUP'S Solenegligence for traiiiferigitilhe pole,ithieVal of the pole or failure to <br /> remove-the pole,and any site restoration asoailta with.the pole location or tenio*al. <br /> The utility pole transferred by this agreementis PUO:number 34210 .. and is <br /> DpscribedasA dePreeiated:45!1'966 woodnole. . <br /> •• Located at 1.024.W.-.'eaSitidRd Everett WA <br /> • Illustrated-by sketch: .'X atfaelred or , . none, <br /> • <br /> Dafecl 44310f <br /> Original: Maps&Records Copy: Grantee' Copy: Engineer • <br /> rut?ForiniOnSie.ffinEVIA PPle 90Yelltillen41013..4§.4154.Etjiiy <br /> ?ay.1 pf <br /> $/24/2.012 <br /> 20 <br />