3105 PINE ST 2018-01-01 MF Import

� of the South 24 feet projected Easterly of Lot 11 in l � said Block, and 32nd Street East of Fine Street � � between Block 750 and Block 753 in said plat and West of Interstate No. 5, as vacated pursuant to City of Everett Ordinance 699-80. 1. Grantee shall have the right to operate, main- tain, repair, and replace the waterline under the Rights-of-Way t�gether with all necessary or convenient appurtenances ther��- to. Grantee may from time to time construct such additional facilities as it may require. Grantee shall provide written notice to Grantor prior to commencinq any activity of any kind whatsoever over, under or across either of the Rights-of-Way. 2. Grantee shall hav�, a right of access to the Rights-of-Way over and across such parts of the Proper;.y as Grantor may authorize from time to time to enable Grantee to exercise its rights hereunder. 3 . Grantee si�all have the right to cut or trim any and all brush or trees standing or growing upon either of the Rights-of-Way. Grantee shall also have the right to cut or trim any trees upon the Property which will, in Grantee' s rea- scnable judgment, constitute a material hazard to Grantee' s facilit;es if such trees fall upon Grantee' s facilities. 4. Any activity of Grantee authorized by this Agree- ment shall be performed at no cost to Grantor unless otherwise agreed t� in writing by Grantor, and shall be so performed as to inter£ere as little as reasonably possible w�th the use and enjoyment of the Property by persons occupying the same or law- fully present thereon. Grantee shall keep the Rights-of-Way and the Property free of equipment and matezials at all times, except when workmen are actively working in either of the Rights-of-Way, unless Grantor gives prior r: ritten consent to do othertai se. 5. If the surface of the Property or either of the Rights-of-Way is disturbed, or if any improvements on the Prop- erty are disturbed by any of Grantee' s activities pursuaiit to this Agreement, Grantee shail prompLly restore the sur£ace of the Property, the surface of the RighL's-of-F'ay or the improve- ments to the Property to their condition immediately prior to such disturbance. 6. Grantee shall not permit mechanics' , material- men' s or other liens against the Property to arise out of Grantee' s activities engaged in pursuant Lo this Agreement. Grantee shall indemnify, defend and hold Grantor, its succes- sors, assign�, 3nd permittees harmless from ::ny damage, G ? -2- ��1748 Pac�6'��. �t�5Zb0173 _ _