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Port of Everett 3/14/2024
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Port of Everett 3/14/2024
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Last modified
3/15/2024 1:13:03 PM
Creation date
3/15/2024 1:12:46 PM
Metadata
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Contracts
Contractor's Name
Port of Everett
Approval Date
3/14/2024
Department
Real Property
Department Project Manager
Darcie Byrd
Subject / Project Title
Utility Easement at Grand Ave Pedestrian Bridge
Tracking Number
0004250
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Other Real Property
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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whether the Port Work is in conformance with other applicable plans, codes and regulations. <br /> Review by the City of the Port Work shall not in any manner be considered as imposing any <br /> obligation, duty or liability upon the City as to the safety or propriety of the Port Work. <br /> (d) Prior to any repair, reconstruction, maintenance, or any other activity <br /> (collectively, the "City Work") which the City proposes to undertake within the Easement Area, <br /> the City shall obtain the Port's prior written approval. The Port's written approval may include <br /> certain conditions, including but not limited to restricting the City Work to certain hours, traffic <br /> control, replacement of parking, and other conditions to maintain the Port's use of the Easement <br /> Area for its purposes. <br /> 3. No Unauthorized Improvements. <br /> (a) In the event the Port performs any Port Work or otherwise installs any <br /> improvements upon the Easement Area without obtaining prior written approval of the City,the <br /> Port shall cease all such activity and remove any and all improvements installed therein without <br /> such prior written approval immediately upon demand from the City. Furthermore, in such <br /> event, the Port hereby authorizes the City to remove any and all improvements installed in the <br /> Easement Area, and hereby releases all claims against and shall indemnify and hold harmless <br /> from any and all liability, loss, damage, cost, expense, actions and claims, including costs and <br /> reasonable attorney's fee incurred by,the City and its officers, employees and agents arising out <br /> of the removal of such improvements. The Port further agrees to pay the City for any and all <br /> costs incurred by the City in removing such improvements. The foregoing right is in addition to <br /> any other right the City may have at law or in equity. <br /> (b) In the event the City performs any City Work or otherwise installs any <br /> improvements upon the Easement Area without obtaining prior written approval of the Port,the <br /> City shall cease all such activity and remove any and all improvements installed therein without <br /> such prior written approval immediately upon demand from the Port. Furthermore, in such <br /> event, the City hereby authorizes the Port to remove any and all improvements installed in the <br /> 3 <br />
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