Port of Everett 6/8/2016 - Laserfiche WebLink

follows. The City shall have a non-exclusive temporary construction easement in gross across, along, in and under the following-described property, as particularly described on Exhibit "B" hereto, which strips of land being referred to hereafter as the "Temporary Construction Easement,"the approximate location of which strips of land are also depicted on Exhibit "B" hereto. This Temporary Construction Easement automatically shall terminate upon final completion of installation of the combined sanitary and stormwater sewer outfall pipeline within the PSO No. 6 Easement. The City may allow use of the Temporary Construction Easement by the City's invitees (with such invitees including, for example, the City's employees, suppliers, contractors and subcontractors)upon the terms hereof and for the permitted purposes set forth herein. The City's rights with respect to the Temporary Construction Easement are subject to and conditioned upon the following terms, which both Grantor and City hereby promise to faithfully and fully observe and perform: 1. In exercising the rights granted in this Agreement for the Temporary Construction Easement, vehicular access along the Temporary Construction Easement shall be reasonably maintained during construction,maintenance and/or repair activities. The City shall include the foregoing management requirements with respect to the Temporary Construction Easement in the bid specifications and all contracts for any construction, maintenance or repair work to be performed in the exercise of its rights under this Agreement with respect to the Temporary Construction Easement. In connection with its installation of improvements within the Temporary Construction Easement and its exercise of its other rights under this Agreement, the City will take reasonable steps to avoid material interference with the Port's operations on the Property. 2. Grantor shall at all times conduct their activities and any other activities on the Property so as not to interfere with, obstruct or endanger the usefulness of any improvements, or other facilities, now or hereafter maintained upon the Temporary Construction Easement, or in any way interfere with, obstruct or endanger the City's use of the Temporary Construction Easement. 3. In the event Grantor places any improvements within the Temporary Construction Easement area without first having obtained the written approval of the City Engineer, the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineer. 4. This Temporary Construction Easement is granted in accordance with Section 1.B.2 of the Interlocal Agreement between the Grantor and City dated July 3, 2014 (the "Interlocal Agreement"), for the purposes of the PSO 6 project described in that agreement (the "Project"). In the event of any liability, loss, damage, expense, actions or claims arising 2