Laserfiche WebLink
<br />SKYBRIDGE ORDINANCE - 3 <br />City. <br /> C. Effect of Failure to Make Election. If Grantee does not duly deliver a notice of election <br />during the Election Period, then the City may, by delivery of written notice to Grantee, make the <br />election for Grantee, in which case such City election is fully binding upon Grantee. <br />Section 7. Termination - Removal. <br />A. Termination for Violation of Material Term or Condition of this Ordinance. If the <br />Director determines that Grantee has violated any material term or condition of this Ordinance or if the <br />Director determines that the Skybridge is not being used for the Approved Purpose, the Director shall <br />deliver written notice thereof to Grantee (“Violation Notice”). If Grantee does not cure such violation <br />within ninety (90) days after delivery of Violation Notice, then the City may, effective upon written <br />notice to Grantee, terminate all permissions granted to Grantee under this Ordinance. <br /> B. Removal after Termination. Within one hundred and eighty (180) days after expiration <br />of the term granted by this Ordinance or after delivery of a termination notice under Section 7A above, <br />Grantee at Grantee’s sole expense shall, unless directed otherwise by the Director, remove the <br />Skybridge. If Grantee fails to commence and complete such removal work within such one hundred <br />eighty (180) days, then the City at Grantee sole expense may enter Grantee’ property and undertake <br />such removal on behalf of Grantee. <br /> C. Removal Includes Restoration. Any removal of the Skybridge pursuant to this Ordinance <br />also includes restoration of all portions of rights-of-way that may have been disturbed to as good a <br />condition as it was prior to construction of the Skybridge. <br />Section 8. Plan Approval/Construction. Grantee shall not commence construction, <br />reconstruction, relocation, readjustment, removal, or repair of the Skybridge except in accordance with <br />plans and specifications approved in advance by the Director. This Director approval is only for the <br />purposes of this Ordinance and is in addition to, and does not replace, any approvals or other permits <br />that may be required under the Everett Municipal Code or other applicable law. All construction, <br />reconstruction, relocation, readjustment, removal, or repair must be in accordance with the Director- <br />approved plans and specifications and all other applicable permits and approvals. <br />Section 9. Operation, Maintenance and Repair. At its sole expense, Grantee shall operate, <br />maintain, and repair the Skybridge so that it is in a good and safe condition and fully functional as a <br />Skybridge. In the event of damage to or destruction of the Skybridge, Grantee at its sole expense shall <br />either promptly repair such damage or destruction or shall remove the damaged or destroyed <br />Skybridge. If Grantee violates this Section 9, the Director may deliver a Violation Notice pursuant to <br />Section 7A above. This Violation Notice may require closure of the Skybridge until Grantee cures the <br />violation. <br />Section 10. Continuing Obligation to Remove and Restore. Notwithstanding termination or <br />expiration of the permissions granted by this Ordinance, or closure or removal of the Skybridge, Grantee <br />shall remain bound by its obligations under this Ordinance until: