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Port of Everett 12/18/2024
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Port of Everett 12/18/2024
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Last modified
2/28/2025 8:23:06 AM
Creation date
2/28/2025 8:22:33 AM
Metadata
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Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
12/18/2024
Department
Facilities & Property Management
Department Project Manager
Darcie Byrd
Subject / Project Title
Norton Terminal Utility Easement and Agreement
Tracking Number
0004698
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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where coordination will be as practical in the circumstances). Grantor may require certain <br /> conditions, including, but not limited to, restricting the City Work to certain hours,traffic <br /> control, and other conditions to maintain the Port's use of the Easement Area. The City Work <br /> shall comply with all applicable laws and requirements of the Property, including, but not <br /> limited to, requirements which may be imposed by Ecology. In the event that Cargo Gear <br /> located within the Easement Area hinders the City's access, Grantor shall make all reasonable <br /> efforts to clear the work zone within ten business days or within an agreed upon schedule. <br /> After completion of the City Work,the City will compact backfill to the bottom of previously <br /> existing pavement elevation, but all other restoration is the responsibility of Grantor. <br /> (f) Except for construction of new facilities not requested by the Grantor, <br /> Grantor shall bear the costs for the characterization, handling and disposal of soil and <br /> groundwater. City shall dispose of pavement, pipe debris, rubble, and other materials(other <br /> than soils and groundwater)generated in the course of the City Work. The City shall be <br /> responsible for any remediation of substances that the City brings onto Grantor's Property for <br /> City Work. <br /> 3. No Unauthorized Improvements. Except for remedial action required by Ecology <br /> pursuant to RCW 70A.305 which does not require the installation of any structure other than <br /> pavement and which does not affect the Water Lines, in the event Grantor performs any <br /> Grantor Work or otherwise installs any improvements upon the Easement Area without <br /> obtaining prior written approval of the City, Grantor shall cease all such activity and remove any <br /> and all improvements installed therein without such prior written approval immediately upon <br /> demand from the City. Furthermore, in such event, Grantor hereby authorizes the City to <br /> remove any and all improvements installed in the Easement Area, and hereby releases all <br /> claims against and shall indemnify and hold harmless from any and all liability, loss, damage, <br /> cost, expense, actions and claims, including costs and reasonable attorney's fee incurred by,the <br /> -4- <br />
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