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2003/04/09 Council Agenda Packet
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2003/04/09 Council Agenda Packet
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Council Agenda Packet
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4/9/2003
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:) <br /> of County herein, whether by operation of law or otherwise, shall be valid without the <br /> prior written consent of the Grantor. <br /> 16. Termination for Breach: <br /> In the event County breaches or fails to perform or observe any of the terms and <br /> conditions herein, and fails to cure such breach or default within one hundred and <br /> twenty (120) days of Grantor giving County written notice thereof, or if not <br /> reasonably capable of being cured within such one hundred and twenty (120) days, <br /> within such other period of time as may be reasonable in the circumstances, Grantor <br /> may terminate County's rights under this Easement, in addition to any other remedy <br /> of Grantor at law, and the failure of Grantor to exercise such right at any time shall <br /> not waive Grantor's right to terminate for any future breach or default. <br /> 17. Termination-Survival: <br /> (a) All improvements, equipment, structures or other property erected, affixed or <br /> brought upon the Easement Area during the term of this Easement shall remain <br /> the property of the County until the termination of this Easement whether such <br /> termination date occurs upon cancellation, termination or surrender, at which <br /> time, ownership of said improvements shall, at Grantor's option, revert to and <br /> become immediately vested in Grantor, without payment by Grantor. County <br /> hereby conveys and quitclaims to Grantor, as of the termination date, all interest <br /> in and to all improvements, equipment, structures or other property erected, <br /> affixed or brought upon the Easement Area, contingent upon Grantors' exercise <br /> of its option. If Grantor elects not to exercise its option to own the <br /> improvements, equipment, structures and/or other property erected, affixed or <br /> brought upon the Easement Area as of the termination date, County agrees, at its <br /> sole cost and expense, to sever, remove and dispose of all improvements, <br /> equipment, structures and/or other property erected, affixed or brought upon the <br /> Easement Area which Grantor does not elect to claim, and to restore the <br /> Easement Area as nearly as practical to the condition it was in prior to the <br /> installation of the County's improvements within one-year of receiving <br /> notification from Grantor of which improvements the Grantor elects not to claim. <br /> (b) If the County ceases to use the foundation footings within the Easement Area for <br /> two (2) consecutive years, this Easement shall be deemed abandoned and <br /> terminate upon recording of an "Easement Termination/Release" at the <br /> Snohomish County Auditor's Office by Grantor. Any County obligation not <br /> fully performed or liability existing upon termination shall survive any <br /> termination. <br /> 18. Survivability: All clauses of this Easement that require performance beyond the <br /> Easement's termination, surrender or cancellation shall survive the termination, surrender <br /> or cancellation of this Easement. <br /> 8 <br />
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