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202107010535 Document: EASEMENT Rec: $119.50 Page-4 of 17 <br />Record Date:7/1/2021 12:23 PM Snohomish County, WA <br />Department of Ecology standards and in accordance with all applicable law. In the event the RCI Parties <br />fail to so repair, the City may, but is not obligated to, after thirty (30) days' advance notice to the RCI <br />Parties, complete the work identified in the notice as necessary, provided that no notice shall be required in <br />the event of an emergency situation, as determined by the City in its reasonable discretion. If the City <br />performs any such work, the RCI Parties shall reimburse the City for its reasonable costs for such work, <br />plus a fee in the amount of 10% of such costs within 30 days after the RCI Parties' representative listed <br />below receives an itemized invoice for such work; provided that no additional fee can be imposed for work <br />performed in the event of an emergency situation. If payment is not made in full within such 30-day period, <br />the unpaid amounts shall bear interest from such due date at a rate of 12% per annum or the highest rate <br />then permitted by law, whichever is less. Any notices provided to the RCI Parties' representative shall be <br />to the following person at the following address: <br />RCI Parties' representative: Shelter Holdings <br />11624 SE 5th Street, Suite 210 <br />Bellevue, Washington, 98005 <br />Attn: Everett Riverfront <br />6. Repair of Damage to Private Improvements. The City shall promptly repair any damage <br />to the Private Improvements caused directly or indirectly by the City, its employees, agents, invitees or <br />contractors, to at least as good of a condition as existed prior to such damage and in accordance with City <br />and Department of Ecology standards and in accordance with all applicable law; provided that the City <br />shall not be responsible for repairing any damage to the Private Improvements caused directly or indirectly <br />by the RCI Parties or their employees, agents, invitees or contractors or by the general public. In the event <br />the City fails to so repair, the RCI Parties may, but are not obligated to, after thirty (30) days' advance <br />notice to the City, complete the work identified in the notice as necessary, provided that no notice shall be <br />required in the event of an emergency situation, as determined by the RCI Parties in their reasonable <br />discretion. if the RCI Parties perform any such work, the City shall reimburse the RCI Parties for its <br />reasonable costs for such work, plus a fee in the amount of 10% of such costs within 30 days after the City's <br />representative listed below receives an itemized invoice for such work; provided that no additional fee can <br />be imposed for work performed in the event of an emergency situation.. If payment is not made in full <br />within such 30-day period, the unpaid amounts shall bear interest from such due date at a rate of 12% per <br />annum or the highest rate then permitted by law, whichever is less. Any notices provided to the City's <br />representative shall be to the following person at the following address: <br />City Representative: Real Property Manager <br />City of Everett <br />3200 Cedar Street <br />Everett, WA 98201 <br />7. Construction within Easements. Any construction by the R.CI Parties within the <br />easements granted herein shall be performed in accordance with, and subject to the requirements of, Section <br />4 above. <br />8. Insurance. During the performance of any work pursuant to this Agreement, the RCI <br />Parties shall maintain, and/or cause its contractor to maintain, at the R.CI Parties' or its contractor's sole <br />cost and expense, policies of insurance with the minimum insurance coverage and limits set forth below <br />and shall upon demand provide certificates evidencing the same to the City. The City shall be named as an <br />additional insured on such policies. The carriers of all insurance policies provided by the RCI Parties shall <br />be rated no less than A-VIII in the most recent `Best's" insurance guide and shall be licensed in the State <br />Page 4 of 17 <br />