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Amendment No 1 <br /> '7 To <br /> UTILITY RELOCATION AGREEMENT <br /> BETWEEN <br /> THE CITY OF EVERETT <br /> AND <br /> PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY <br /> This Agreement entered this_day of , 2006,WITNESSES: <br /> !. The City of Everett ("City") and the Public Utility District No. 1 of Snohomish County <br /> ("District') acknowledge that on March 5, 2004, the City and District entered an <br /> agreement with regard to sharing costs on the relocation of approximately 2600 feet of <br /> overhead distribution line between 3`d Ave and I-5 on 112th St. SE. <br /> 2. The parties in good faith estimated the costs of said relocation and the appropriate <br /> sharing; however, in the course of performing the work by the PUD additional cost <br /> factors were encountered which it is in the parties' best interest to mutually resolve. <br /> 3.Accordingly, Section 2; "cost share" and Section 5:"Construction Claims for <br /> Additional payment" are hereby deleted and the parties hereby stipulate to a single <br /> payment amount of$186,504.76 from the City to the District for the performance of all <br /> work by the District to accomplish said 112th St. relocation and for the mutual release of <br /> any and all claims between the parties related to said project. <br /> 4. All other terms of said March 5,2004, agreement remain in full force and effect. <br /> Date <br /> PUBLIC UTILITY DISTRICT NO. 1 CITY OF EVERETT <br /> OF SNOHOMISH COUNTY <br /> Brian L. White Ray Stephanson <br /> Manager,Transmission Engineering Mayor <br /> Joint Use& Standards <br /> APPROVED AS TO. O�'4 APPROVED AS TO FORM <br /> Bardell D. Miller <br /> Assistant General Counsel Everett City Attorney <br /> ATTEST <br /> A F1'hST <br /> WAG <br /> J n Wright Sharon Marks <br /> Project Engineer Clerk <br />