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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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City and its officers, employees and agents arising out of the removal of such improvements. <br /> Grantor further agrees to pay the City for any and all costs incurred by the City in removing <br /> such improvements. The foregoing right is in addition to any other right the City may have at <br /> law or in equity. <br /> 4. Removal of Obstructions. Grantor hereby authorizes the City to cut, trim and <br /> remove any and all brush, trees, vegetation and debris (collectively, "Obstructions") upon the <br /> Easement Area or the right of access, ingress and egress set forth above, or which, in the City's <br /> reasonable judgment, constitute a hazard to the Easement Area, the right of access, ingress and <br /> egress set forth above or the City's utilities infrastructure. Grantor agrees that title to all <br /> Obstructions trimmed, cut or removed from the Property by the City shall be vested in the City, <br /> and that the consideration paid for conveying this Easement and the rights herein granted and <br /> conveyed is accepted as full compensation for all damages incidental to the exercise of any of <br /> said rights. Notwithstanding the foregoing, City shall not be responsible for removing any Cargo <br /> Gear located in the Easement Area, provided that Grantor shall be responsible for removing any <br /> Cargo Gear within the time frames allotted in Section 2, after notice from the City. <br /> 5. Indemnity. <br /> (a) Grantor shall release, indemnify and hold harmless the City and its <br /> officers, employees and agents from and against any and all liability, loss, damage, cost, <br /> expense, actions and claims, including costs and reasonable attorney's fees incurred by the City <br /> or its officers, employees and agents in defense thereof, arising directly or indirectly out of <br /> Grantor's use of the Easement Area. Grantor further releases and holds harmless the City and <br /> its officers, employees and agents from and against any and all liability, loss, damage, cost, <br /> expense, actions and claims, including costs and reasonable attorneys'fees incurred by the City <br /> or its officers, employees and agents in defense thereof, arising from damage caused by a break <br /> in the Water Line to Cargo Gear or Grantor Parties' property.This paragraph does not require <br /> Grantor to indemnify and hold harmless the City against liability for damages arising out of <br /> -5- <br />
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