Port of Everett 9/15/2016 - Laserfiche WebLink

plans and designs nor whether Grantor's construction, work or activity is in conformance with other applicable plans, codes and regulations. Further, agreement by the City to such construction,work or activity shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction,work or activity. 4. Grantor hereby authorizes City to cut, trim and remove any and all brush, trees, other vegetation or debris upon the Temporary Construction Easement and the right of access for such purposes when needed for work on the City's installed water transmission pipeline. To the extent that the City identifies brush, trees or other vegetation and debris within the Temporary Construction Easement that, in the City's reasonable judgment, constitutes a hazard to the Temporary Construction Easement and the right of access for such purposes, the City shall notify the Grantor and request that Grantor remove the hazard or authorize the City to do so. If Grantor unreasonably fails to remove the hazard in a timely manner, Grantor further agrees to pay the City for any and all costs incurred by the City in removing the hazard. This right is in addition to any other right the City may have at law or in equity. In the event of a disagreement as to the existence of a hazard or as to what method may be used to remove the hazard, the parties shall resolve the disagreement pursuant to the dispute resolution provisions set forth below. Nothing in this Section shall require Grantor to pay for the costs of removing existing subsurface conditions at the time of any construction,maintenance or repair activities; provided, however, this provision shall not affect any responsibility Grantor may have under applicable contractual or statutory environmental provisions or laws or under Section 6 of this Agreement. 5. In the event Grantor places any improvements within the Temporary Construction Easement area without first having obtained the written approval of the City Engineer as required by the foregoing Paragraph 3,the Grantor shall cease all such activity and remove any and all improvements placed therein without the written agreement of the City Engineer. Notwithstanding anything to the contrary in this Agreement, the placement or storage of portable solid waste shipping containers within the Temporary Construction Easement shall not be considered or treated as an"improvement"as long as the placement of such containers within the Temporary Construction Easement does not unreasonably interfere with the City's construction, maintenance and/or repair activities. If there is a need temporarily to remove portable solid waste shipping containers in order to accommodate construction, maintenance and/or repair activities by the City in the Temporary Construction Easement,the City shall give Grantor reasonable advance notice of the need for such temporary removal, and Grantor shall remove such containers from the Temporary Construction Easement in a timely manner for the period necessary to accommodate such construction, maintenance or repair activities. In the event Grantor fails to obtain prior approval or cause such a temporary removal of portable solid waste containers in a timely manner, Grantor hereby authorizes the City to remove such containers and to relocate them elsewhere on the Property,and Grantor agrees to hold the City, its officers, employees and agents harmless from damage caused to such containers arising out of or related to any such removal and relocation on the Property. Grantor shall pay the City for any and all costs incurred by the City in effectuation such a removal and relocation of any such containers. This right is in addition to any other right the City may have at law or in equity. 3