1702 Pacific LLC 10/18/2024 - Laserfiche WebLink

specifications approved by the City of Everett in connection with the Grantee's building permit application under file number B2307-024. 4.4 At its sole expense, Grantee shall operate, maintain, and repair the Tie-Back Improvements. Such operation, maintenance, and repair shall include such Grantee actions as may be necessary to avoid damage to Grantor or public use of the City ROW. 5. Termination of Agreement. 5.1. If Grantee's use of the Tie-Back Area or if the Tie-Back Improvements, in the reasonable judgment of the City Engineer, constitute a substantial threat to the structural integrity of the City ROW or a danger to the public use of the City ROW, then Grantor may deliver written notice thereof to Grantee. If Grantee does not cure such threat or danger at no expense to Grantor within thirty (30) days after delivery of the notice (or such sooner time as may be reasonably required by the City Engineer), or does not within such time period begin and thereafter diligently, continually, and in good faith work to effect such a cure as soon as possible, then the Grantor may, effective upon written notice to Grantee, terminate this Agreement. 5.2. If Grantor believes that Grantee has violated any material term or condition of Agreement, Grantor shall deliver written notice thereof to Grantee. This right is in addition to any right Grantor may have under Section 5.1. If Grantee does not cure such violation at no expense to Grantor within thirty (30) days after delivery of violation notice (or such sooner time as may be reasonably required by Grantor), or does not within such time period begin and thereafter diligently, continually, and in good faith work to effect such a cure as soon as possible,then the Grantor may, effective upon written notice to Grantee, terminate this Agreement. 5.3. Effective on the Project completion or on delivery of an uncured termination notice under Section 5.1 or Section 5.2 above, Grantee will, as directed by the City Engineer, either remove or cut-off the Tie-Back Improvements. If the City Engineer does not require removal or cut-off,the Tie-Back Improvements shall be deemed abandoned by Grantee. Without limiting the foregoing, effective on the Project completion or on delivery of an uncured termination notice under Section 5.1 or Section 5.2 above,the Grantor may at any time at Grantor's sole discretion remove the Tie-Back Improvements. 6. Release,Hold Harmless, Indemnification, and Duty to Defend. Grantee releases the Grantor from any and all claims resulting from damage or loss to its own property and does covenant and agree at all times to indemnify, defend and hold harmless the Grantor, its officers, agents and employees, from all claims, actions, suits, liability, loss, costs, expense or damages of every kind and description (excepting only such damages that may result from the sole negligence of the Grantor),that may accrue to, or be Tie-Back Permit and Agreement Page 3