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Public Works 425.257.8800 everettwa.gov/publicworks Page 4 of 10 <br />13.RELOCATION. KING COUNTY shall relocate or remove, whichever the City requires, all or <br />any part of its property (including biosolids) located on the Biosolids Pad due to <br />maintenance, repair, or construction of City's property or a City improvement. KING <br />COUNTY shall commence the relocation or removal within thirty (30) days of notice by <br />the City that KING COUNTY must relocate or remove property and materials. If KING <br />COUNTY fails to commence the relocation or removal as required or, having <br />commenced it, fails to proceed with reasonable dispatch, the City shall, in addition to its <br />remedy for damages, be entitled to specific enforcement of KING COUNTY's obligation <br />hereunder and shall also have the right and authority to remove, at KING COUNTY's <br />expense, such portion of the materials as KING COUNTY has failed to relocate or remove <br />without incurring any liability whatsoever. This right is in addition to any other rights at <br />law or in equity. If the City provides KING COUNTY with a notice to relocate or remove <br />its property from the Biosolids Pad and does not provide KING COUNTY with a <br />reasonably comparable replacement site, then the City shall refund to KING COUNTY the <br />pro-rated portion of the Advanced Fees paid by KING COUNTY for that season. <br />14.REPAIR OF PROPERTY. KING COUNTY shall use care to avoid damaging or destroying <br />property by reason of its operations pursuant to this License Agreement. Any damage <br />caused by KING COUNTY to City or other property shall be promptly repaired or <br />replaced by KING COUNTY to the satisfaction of the City, or in lieu of such repair or <br />replacement, KING COUNTY shall pay, to the City or owner of other property, money in <br />an amount sufficient to compensate for the loss sustained by reason of damage to or <br />destruction of the City's or another party's property or improvements. <br />15.RISK OF LOSS TO KING COUNTY’S PROPERTY. KING COUNTY bears all risk of any and all <br />damage and loss to its property being stored on the site. All biosolids delivered to the <br />Biosolids Pad under this License Agreement are the property of KING COUNTY. <br />16.PRIOR NOTICE OF INSTALLATION. Prior to any installation of materials other than <br />biosolids within the Biosolids Pad, KING COUNTY will supply the City with a drawing and <br />any necessary specifications relating to KING COUNTY'S use of the City's property. KING <br />COUNTY must obtain City approval of the proposed area and installation of materials <br />and their location prior to installation. The City's review, comments, and approval shall <br />not create any City liability for any action or inaction relating to such review, and KING <br />COUNTY shall remain wholly responsible for the safety, adequacy, suitability, utility, and <br />constructability of its materials. <br />17.NO WARRANTY. The City does not warrant its title and ownership of the Biosolids Pad. <br />18.NON-EXCLUSIVE. This License Agreement is not exclusive. The City is not prohibited <br />from granting permission to others to occupy or use portions of the Biosolids Pad, <br />outside of the KING COUNTY Designated Area as defined in the attached Exhibit B, <br />paragraph A, where such uses are not inconsistent with this License Agreement.