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2013/05/01 Council Agenda Packet
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2013/05/01 Council Agenda Packet
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Council Agenda Packet
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5/1/2013
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• <br /> ii <br /> In the event Grantee ceases to use the improvements for a period of five(5) successive <br /> years,this agreement and all Grantee's rights hereunder shall terminate and revert to <br /> Grantor. Upon request of the Grantor,the Grantee shall deliver to the Grantor a fully <br /> executed termination of easement agreement to be recorded in the office of the <br /> Snohomish County Auditor. <br /> 15. Release of Liability on Termination: <br /> No termination of this agreement shall release Grantee or Grantor, from any liability or <br /> obligation with respect to any matter occurring prior to such termination,nor shall such <br /> termination release Grantee from its obligation and liability to remove the improvements <br /> from the Grantor's property and restore the grounds. <br /> 16.Removal of Improvements upon Termination: <br /> Upon any termination of this agreement, Grantor may require that Grantee promptly <br /> remove from the easement area its improvements and restore the ground to the condition <br /> now existing, or in the alternative,take such other and mutually agreeable measures to <br /> minimize impact of the improvements on the Grantor's property. Such work,removal and <br /> restoration shall be done at the sole cost and expense of Grantee and in a manner <br /> satisfactory to the Grantor.In case of failure of Grantee to so remove its improvements, <br /> restore the ground or take such other mutually agreed upon measures, Grantor may, after <br /> reasonable-notic tn--Grantee;remove-Granteers-improvements restore-the-gr-ound or-tak-e <br /> such measures at the expense of Grantee, and Grantor shall not be liable therefor. <br /> 17.Third Party Rights: <br /> Grantor reserves all rights with respect to its property including,without limitation,the <br /> right to grant easements, licenses and permits to others subject to the rights granted in this <br /> easement. <br /> 18.Notices: <br /> Unless otherwise provided herein,notices required to be in writing under this agreement <br /> shall be given as follows: <br /> If to Grantor Real Property Manager <br /> City of Everett <br /> 3200 Cedar Street <br /> Everett,WA 98201 <br /> If to Grantee General Manager <br /> Alderwood Water and Wastewater District <br /> • <br /> 3626 156th Street SW <br /> Lynnwood,WA 98087 <br /> Notices shall be deemed effective,if mailed,upon the second day following deposit <br /> thereof in the United States Mail,postage prepaid,certified or registered mail,return <br /> 6 <br /> 91 <br />
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