|
Pr- w
<br /> ORDINANCE NO. 3672
<br /> AN ORDINANCE granting to the DAILY HERALD COMPANY the
<br /> right to construct, maintain and operate an overhead bridge
<br /> across the alley west of Grand Avenue in Block 621, Plat of
<br /> Everett, Snohomish County, Washington, approximately twenty-five
<br /> (25) feet north of . California Street, specifying the condition of
<br /> the grant and providing for the acceptance of this franchise.
<br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
<br /> Section That there is hereby granted to THE DAILY
<br /> HERALD COMPANY, a corporation, and to its successors and assigns,
<br /> hereinafter called "Grantee", the right, privilege and authority
<br /> to construct, maintain and operate an overhead bridge hereinafter
<br /> referred to as "Overhead Bridge", across a portion of the alley
<br /> west of Grand Avenue in Block 621, Flat of Everett, Snohomish
<br /> County, Washington, approximately twenty-five (25) feet north of
<br /> California Street. The exactlocation of said Overhead Bridge
<br /> to be approximately in the location shown on the plan on file in
<br /> the City Engineer' s office. Said Overhead Bridge shall be used
<br /> by Grantee for a pedestrian walk-way over the alley. Said Over-
<br /> head Bridge shall be constructed in accordance with the plans
<br /> and specifications approved by the City of Everett before con-
<br /> struction work is commenced and shall have a minimum clearance
<br /> of fourteen (14) feet between said bridge and the surface grade
<br /> of the alley.
<br /> Section 2: All the rights; privileges and authority
<br /> hereinaftenferred upon and granted to said Grantee, its
<br /> successors and assigns shall cease and terminate at 12 o ' clock
<br /> midnight, fifty (50) years from the effective date of this
<br /> ordinance, unless renewed, and within ninety days thereafter
<br /> said Grantee, its successors and assigns shall remove said Over-
<br /> head Bridge and replace the alley. That this franchise shall,
<br /> upon application of the Grantee be renewed, if the Grantee shall
<br /> have complied with its provisions and unless public convenience
<br /> shall require its termination.
<br /> Section 3: That the said Grantee by its acceptance of
<br /> this ordinance and the rights, privileges and authority hereby
<br /> granted, does covenant and agree for itself, its successors and
<br /> assigns, to at all times protect and save harmless the City of
<br /> Everett from all claims, action, suits, liability, loss, costs,
<br /> expenses or damages of every kind and description which may
<br /> accrue to or be suffered by any person or persons or property by
<br /> reason of the erection, construction, re-construction, relocation
<br /> replacing, re-adjustment, adjustment, repair, maintenance,
<br /> operation or use of said Overhead Bridge and in case any
<br /> accident suit shall be instituted or begun against said City for
<br /> damages arising out of or by reason of the erection, con-
<br /> struction, reconstruction, relocation, replacement, readjustment,
<br /> adjustment, repair, maintenance, operation or use of said Over-
<br /> head Bridge, the said Grantee, its successors and assigns, shall
<br /> upon notice to it or them upon commencement of any suit or
<br /> action defend the same at its or their sole cost and expense.
<br /> And in case judgment shall be rendered against said City in any
<br /> such suit or action, said Grantee, its successors and assigns,
<br /> shall fully satisfy such judgment within ninety (90) days after
<br /> such action or suit shall have been finally determined adversely
<br /> to the City.
<br />
|