Laserfiche WebLink
5 <br />crossings, including sewer infrastructure for proposed projects at key locations where such <br />driveways and crossings align with larger planning efforts for serving the area. <br />1.B.6(c)(iii) Public Trails. If a separate agreement concerning a <br />public trail within the Water Corridor has been approved by Everett and Lake Stevens, Everett will <br />issue Transmission Line Right-of-Way Use Permits to allow a joint use, non-motorized east-west <br />trail through the Water Corridor available to the public (pedestrians and bikes) in addition to <br />periodic motorized access for inspection, maintenance, and security activities. <br />Any Transmission Line Right-of-Way Use Permit issued for the improvements in (i), (ii), or (iii) <br />above may include other restrictions and requirements consistent with Everett’s Water <br />Transmission Line Right-of-Way Standards as may be reasonable and appropriate. <br />1.B.6(d) Everett Right of Control and Removal. Everett may from time to <br />time take control of and/or remove some or all improvements within the Water Corridor (including <br />without limitation improvements described in Section 1.B.6(c) above). Except for emergencies <br />such as, for example, water leaks, broken infrastructure, or a change in condition threatening <br />damage to infrastructure, Everett will attempt to provide prior notice, when notice is reasonable, <br />before taking control or removing improvements. Everett may specify that the Water Corridor <br />Permittee and its successors in interest are responsible for the costs of such removal in <br />Transmission Line Right-of-Way Use Permit for improvements in the Water Corridor. Everett <br />will attempt to avoid impacts to improvements during routine maintenance activities that require <br />Everett’s temporary control of the Water Corridor. If damage occurs during these routine Everett <br />maintenance activities, the Water Corridor Permittee shall be allowed to restore and repair the <br />improvements at the Water Corridor Permittee’s cost. If improvements are removed by Everett to <br />add infrastructure, or undertake significant maintenance or improvement projects, then Everett will <br />determine, at its sole discretion, whether improvements will be allowed to be replaced. Three <br />examples of factors Everett will consider in its determination are: (1) whether the improvements <br />were initially installed in accordance with an approved Transmission Line Right-of-Way Use <br />Permit, (2) whether the improvements could conflict with newly installed Everett infrastructure, <br />and (3) whether Everett determines that the improvements would be allowed under this Agreement <br />and will not negatively impact Everett’s infrastructure or operation and maintenance activities. <br /> 1.B.7 Enforcement and Stop Work Orders. Lake Stevens will perform construction <br />inspection and enforce the LSMC, and conditions of Lake Stevens permits in accordance with <br />typical Lake Stevens practices. In addition, if Everett provides notice to Lake Stevens of work <br />that violates transmission line-related conditions of a Lake Stevens permit, code requirements or <br />Setbacks, or violates a Transmission Line Right-of-Way Use Permit incorporated into a Lake <br />Stevens permit or other Lake Stevens authorization, Lake Stevens will take appropriate <br />enforcement actions following Title 17 of the LSMC, including issuing a stop work order or <br />otherwise requiring the responsible party to remedy the situation in a way that does not endanger <br />Everett’s infrastructure, and returns the project to be in compliance with all applicable <br />requirements, including without limitation the Transmission Line Right-of-Way Use Permit. <br />Nothing in this Agreement prohibits or otherwise limits any rights Everett may have to seek an <br />injunction or other legal or equitable relief to protect the Water Corridor or the improvements <br />therein.