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<br /> �- agents and employees, trom and ageinst any anc� all liability, loss, cost, datnage,
<br /> expense, action nnd clnims for property damage end personnl injuries, including
<br /> death, regnrdless of cause, suffered by uny person whomsoever while upon the
<br /> above-described City right-of-way. All references herein to indemnification
<br /> include but a:e not limited to attorney's fees and court costs. �
<br /> 5. Tanglin and City agree that this shall be an Agreement touching,
<br /> concerning and running with the land and shall be binding on Tanglin's heirs, assigns
<br /> or successors in interest.
<br /> 6. Tanglir., its heirs, successors or essigns shall not erect, construct,
<br /> reconstruct, relocate, or replace said pedestrian accessway except in strict
<br /> accordance with plans and specifications approved by the City of Everett. Tanglin,
<br /> its heirs, suecessors and assigns when directed to do so by the City shall at their
<br /> own cost end expense reconstruct, relocate, and replece said pedestrian accessway
<br /> in strict accordance with plans npproved by the City whenever such construction,
<br /> relocation or replecement shall in the judgment of the City be necessary or
<br /> convenient because of deterioration or unsafe condition of pedestrian aceesswey,
<br /> because of the installation, erection, construction, reconstruction, replacement,
<br /> maintenance, operation or repair of nny and all municipally owned public utilities
<br /> � " : or for eny other ceuse necessary for public convenience.
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<br /> �^ ' ' 7. This A reement is sub ect to the rimar use b the Cit of Everett
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<br />'�i � �'�� ' '•:�-� of said right-of-way and the City expressly reserves the right to require Tanglin,
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<br /> 'S��.�:- " ' its heirs, its successors or assigns, to remove said pedestrie� right-of-way in case
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<br /> � it is, at any time, rendered necessery by the fect thet the use of the space
<br /> F�3 4i� y occu ied b the
<br /> p y pedestrian accessway is required for, or if said pedestrian
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<br /> accessway interferes with any use of such space by the City of Everett.
<br /> ' 8. Tanglin agrees that throughout the durution of this Ag:�eement,
<br /> Tanglin will keep in full force and effect at its own expense, general ltability
<br /> ' insurance coverage aceeptable to the City with minimum limits of one million .
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<br /> dollars ($1,OOD,000) covering said pedestrinn eccessway and said right-of-way.
<br /> Tanglin further egrees that ihe City will be named as nn additional named insured
<br /> on seid policy and further, that a current copy of the policy will be provided to the
<br /> , _ ... � City.
<br /> �_ TANGLIN
<br /> JACK H. WHITELES'
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<br /> -- " '- ''" ' IRIS CLARE WHiTGLEY
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