2003/03/19 Council Agenda Packet

I f WAC 332-30-122 and such other regulations as State has or may promulgate. Grantee acknowledges that State's obligation to renew this Easement pursuant to Subsection 3.2 is contingent upon compliance with this Subsection 3.3, and that State is under no obligation to issue a new Easement after all renewal periods specified in Subsection 3.2 have elapsed. Grantee further acknowledges that a failure to anticipate and conduct the disposal alternatives investigation and analysis may delay or prevent renewal of this Easement. 3.4 Delay in Delivery of Possession. If State, for any reason whatsoever, cannot deliver possession of the Easement Property to Grantee on the Commencement Date,this Easement shall not be void or voidable,nor shall State be liable to Grantee for any loss or damage resulting from the delay in delivery of possession. In such event,the date of delivery of possession shall be the Commencement Date for all purposes, including the payment of any Use Fee. In the event Grantee takes possession before the Commencement Date,the date of possession shall be the Commencement Date for all purposes, including the payment of any Use Fee. If the Easement Term commences earlier or later than the scheduled Commencement Date, the Termination Date shall be adjusted accordingly. 3.5 End of Term. Upon the expiration or termination of this Easement,Grantee shall surrender the Easement Property to State in the same or better condition as on the Commencement Date. SECTION 4 USE FEE 4.1 Fee. Grantee shall pay a single use fee in the amount of Forty Three Thousand Three Hundred Ninety Eight Dollars 87/100 ($43,398.87) for the term specified in Section 3.1 (Term Defined,which shall be due and payable on or before the Commencement Date.) Any administrative fees shall be paid within thirty(30)days after a bill is submitted to Grantee. Nothing in this subsection shall preclude State's ability to charge Grantee a fee for any impacts to natural resources on or adjacent to the Easement Property that are directly or indirectly associated with the Permitted Use or Grantee's use or occupation of the Easement Property. 4.2 Payment Place. Payment for any annual Use Fee or other sum payable to State under the terms of this agreement is to be made to State at the following address: DEPARTMENT OF NATURAL RESOURCES Financial Management Division 1111 Washington St SE PO Box 47041 Olympia, WA 98504-7041 4.3 Late Charges and Interest. If any Use Fee or sum payable to State under the terms of this Easement is not received by State within ten (10)days of the date due, Grantee shall pay to State a late charge equal to four percent(4%) of the amount of the payment or Fifty Dollars ($50),whichever is greater,to defray the overhead expenses of State as a result of the delay. If any Use Fee is not paid within thirty(30) days of the date due, then Grantee shall, in addition to October 14,2002 Page 6 of 27 Outfall Easement