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Wave Business Solutions LLC 8/3/2020
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Wave Business Solutions LLC 8/3/2020
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Last modified
3/31/2021 10:43:25 AM
Creation date
3/31/2021 10:43:10 AM
Metadata
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Template:
Contracts
Contractor's Name
Wave Business Solutions LLC
Approval Date
8/3/2020
Council Approval Date
7/29/2020
Department
City Council
Department Project Manager
Darcie Byrd
Subject / Project Title
Utility Easement - Kasch Park Rd
Tracking Number
0002841
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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14. Termination for Cessation of Use: <br /> In the event Grantee ceases to use the Network Facilities for a period of one year (360 <br /> calendar days),this Agreement and all Grantee's rights hereunder shall terminate and revert <br /> to Grantor without further action required by Grantor. In the event of such termination and <br /> reversion due to Grantee's cessation of use, then upon written request of the Grantor, the <br /> Grantee shall deliver to the Grantor a fully executed termination of easement agreement to <br /> be recorded in the office of the Snohomish County Auditor. <br /> 15. Release of Liability on Termination: <br /> No termination of this Agreement shall release Grantee, from any liability or obligation with <br /> respect to any matter occurring prior to such termination,nor shall such termination release <br /> Grantee from its obligation and liability to remove the Network Facilities from the Grantors <br /> property and restore the grounds. <br /> 16. Removal of Network Facilities upon Termination: <br /> Upon any termination of this Agreement, Grantor may require that Grantee promptly <br /> remove from the easement area its Network Facilities and restore the ground to the <br /> condition now existing, or in the alternative, take such other and mutually agreeable <br /> measures to minimize impact of the Network Facilities on the Grantor's property. Such <br /> work, removal and restoration shall be done at the sole cost and expense of Grantee and in <br /> a manner satisfactory to the Grantor. In case of failure of Grantee to so remove its Network <br /> Facilities, restore the ground or take such other mutually agreed upon measures, Grantor <br /> may, after reasonable notice to Grantee, remove Grantee's Network Facilities, restore the <br /> ground or take such measures at the expense of Grantee, and Grantor shall not be liable <br /> therefor. <br /> 17, Refuse,Waste and Hazardous Substances: <br /> (a) Refuse. Grantee shall not make, or suffer to be made, any filling in of the easement <br /> area or any deposit or rock, earth, ballast, refuse, garbage, waste matter (including <br /> chemical, biological, or toxic wastes), hydrocarbons, any other pollutants, or other <br /> matter within or upon the easement area,except as approved in writing by the Grantor. <br /> If Grantee shall fail to remove all non-approved fill material, refuse, garbage, wastes, or <br /> other of the above materials form the easement area and restore the easement area to <br /> its condition immediately prior to the deposition of the unauthorized material, Grantee <br /> agrees that the City may remove such materials and charge Grantee for the cost of <br /> removal and disposal together with interest thereon from the date of expenditure at the <br /> rate of one percent per month (or at such higher rate as may be authorized by statute <br /> subsequent to the execution date of this Agreement). <br /> (b) Waste. At all times during the Term, Grantee shall neither commit nor suffer waste to <br /> be committed to the easement area. <br /> (c) Hazardous,Toxic or Harmful Substances. <br /> Easement at Kasch Park Road Page-6 <br />
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