Port of Everett 1/3/2022 - Laserfiche WebLink

EXHIBIT E CONSTRUCTION REQUIREMENTS 1. The City shall start the Work at the south end of the License Area, near Federal Avenue. The Work shall progress northward until the City Improvements are completed at the north end of the License Area, adjacent to the City Property. 2. The City shall maintain continuous security for the License Area, in accordance with the Port's requirements, in the event the Work causes any damage to or removal of the existing security fencing and gate system. 3. Progressive Release of the License Area:As the City Project Manager determines that portions of the City Improvements have been completed within the License Area(e.g., the pipe is installed,the area is backfilled and compacted, and all construction materials are removed), and such portion of the License Area is no longer required for the Work with the exception of testing,the City Project Manager will promptly provide written release notices to the Port, substantially in the form attached hereto as Exhibit G(a "Release Notice"). The City's storage of materials within a portion of the License Area shall not be the cause of a delay in releasing such portion of the License Area, as the Parties' intention is to release portions of the License Area back to the Port as soon as practicable. With the exception of the southern portion of the License Area(see Paragraph 4 below),the Parties anticipate that a Release Notice will be provided for each approximately 300 linear feet of the City Improvements, as the City Improvements are completed. Each Release Notice will describe the portion of the License Area that is no longer required for the Work, and will be marked in the field by placing high visibility fencing at termination of the released area. Effective upon each Release Notice,the portion of the License Area so described,with the exception of the City's buried dewatering pipe, shall be released and the City shall no longer have any rights to use such portions of the License Area. 4. With respect to the southern portion of the License Area, as shown on Exhibit C (the "Southern Portion"), and because the Southern Portion could adversely affect the Port's use of the southern access to the Port Property, and the Port has critical cargo storage, access, and transportation requirements in the Southern Portion,the following conditions apply: (a) The Port and the City shall coordinate the exact schedule for the Work occurring in the Southern Portion, specifically the schedule for the Work between City Stations 32+00 and 29+62, and Stations 29+62 and 27+55. The Port's approval of the City's proposed schedule shall not be unreasonably withheld. (b) The City Project Manager shall release the portion of the License Area between City Stations 32+00 and 29+62 immediately upon the diligent and timely completion of the City Improvements within this portion of the License Area. Exhibit E 112558540.10 0073013-00041