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10 <br /> such as City agents and/or employees,the Snohomish County PUD, and DNR, State of <br /> Washington's use of the roadway/easement involves trucks and heavier vehicles,which Grantee, <br /> pursuant to the terms and conditions of this agreement are prohibited from using. Grantee's <br /> responsibilities for maintenance shall relate to normal and ordinary repairs due to automobile <br /> traffic using the roadway/easement area and, again,shall be commensurate and/or proportionate <br /> with its use in relation to the uses by the City and other users. Further, in the event any party <br /> having access over any portion of the roadway/easement area, its agent(s), guest(s) or invitee(s) <br /> damages or disturbs any portion of the roadway/easement area,the party granting such access <br /> shall be responsible to restore the roadway/easement area regardless of location, immediately to <br /> a condition substantially similar to the condition of the roadway/easement area prior to said <br /> damage. <br /> G. The City may relocate the alignment or location of this Easement on reasonable notice to <br /> Grantee,which may have the effect of making Grantee's access more circuitous; provided, <br /> however,such alignment or re-location shall not unreasonably burden the Grantee's ability to <br /> access its property. <br /> H. Grantee shall not assign Grantee's rights under this Easement or grant easements, <br /> licenses or permits to third parties for the use of City Property_ <br /> I. Grantee acknowledges and agrees: <br /> 1. The City Property consists of,and will remain,primitive roads with no warning <br /> signs. The City has no duty to Grantee to improve the City's Property or install <br /> any signs. <br /> 2_ After each use by Grantee, gates will not remain unlocked,but shall be locked to <br /> promote security at all times. The City will continue to have the right to place a <br /> gate at the entrance of the easement. Provided, Grantee will be provided with the <br /> ability to unlock and/or lock(access)the gate at all times. Grantee shall leave the <br /> gate(locked or unlocked)as instructed by the City. At the time of this Easement, <br /> the Parties agree that the gate shall remain locked between 6:00 p.m. and 6:00 <br /> a.m.each and every day. A sign consistent with this agreement shall be posted by <br /> the gates. Should the City wish to change any instructions with regard to locking <br /> or unlocking the gate, it will provide Grantee with written notice of its desired <br /> changes. Gates can be closed and/or locked at any time for any reason for any <br /> duration,provided,however,as stated above, Grantee will be provided with the <br /> ability to unlock and/or lock(access)the gate at all times. <br /> 3. Heavy truck traffic on the roads is routine and necessary for the City,and Grantee <br /> (and its invitees) shall yield right-of-way to trucks. <br /> 4. Construction on or near roads may occur at any time of year for any duration- <br /> work may be of an emergency nature and no warning or notice will necessarily be <br /> provided. <br /> 5. City Property may be blocked at any time, e.g.by trees or power lines, for any <br /> duration. <br /> 64 <br /> 4 <br />