Port of Everett 4/7/2021 - Laserfiche WebLink

needed for the City's use of the Access Easement. To the extent that the City identifies brush, trees or other vegetation and debris on Grantor's property which,in the City's reasonable judgment, constitutes a hazard to the Easement Area and the right of access for such purposes,the City shall notify the Grantor and request that Grantor remove the hazard or authorize the City to do so. In the event of a disagreement as to the existence of a, or as to what method may be used to remove the,hazard,the parties shall resolve the disagreement pursuant to the dispute resolution provisions set forth below. 4. In the event Grantor places any improvements within the Easement Area which affect the City's use of the Access Easement without first having obtained the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineer. In the event Grantor fails to obtain prior approval, Grantor hereby authorizes the City to remove any and all improvements placed or constructed therein and hold the City, its officers, employees and agents harmless from damage caused to said improvements arising out of or related to their removal. Grantor further agrees to pay the City for any and all costs incurred by the City in removing the improvements. This right is in addition to any other right the City may have at law or in equity. 5. Prior to the City conducting any activity within the Easement Area, such as,but not limited to, maintenance and repair work, it shall notify the Grantor in advance and obtain the Grantor's written approval, which may contain conditions on hours and traffic control, and which written approval shall not be unreasonably withheld or delayed. 6. Reserved. 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of the Easement Area; has a good and lawful right and power to grant the Access Easement; that the Easement Area is free and clear of monetary encumbrances, and that Grantor will forever -3- 109715622.3 0073013-00042