3817 SMITH AVE 2016-01-01 MF Import

i I CIIRB AND GU'CfER INSfALLATION AGREF.MENT � � WHEREAS, Ronald O. Yelle, hereinafter referred to a.� "Owner," owns s 1 parcel of property which is commonly referred to as 3817 Smith Street; and � WHEREAS, the legal �escription of said property whicli is situateo in the � County of Snohomish, State of Washington, is as follows: � Sines J S Acre Tracts sik oz6 n-o7- , N1�2S1�2th ptn H1k 26 ly Wly oF alley 9 i � � WHEREAS, according to plans submitted and approved by the City of Everett, a municipal corporation under the laws of Lhe State of 1Nashington, j hereinafter referred to as "City," the Owner was to remove nn existing driveway i� section in front of the above-descrtbed property and replace it with a standerd 1, curb and gutter section; and � WHEREAS, Owner destres at this time to leave the existing driveway seetion in its present condition and not replace it with the curb and gutter section; and WHEREAS, the City could require installation of the curb and gutter at this iirne but sees no need to require the installation of the curb and gutter sectton at � this time and wants to reserve the right to Cequire such if City so desires. � NOW, THEREFORE, in�consideration of the agreements contained herein, the undersigned (Owner of the above-described property) agrees as follows: 1. Owner hereby agrees that the City has the right to require Owner to install the curb and gutter section in place of the existing driveway seetion on the above-descr[bed parcel of property. 2. Owner hereby ngrees that If the City makes a written request to the Owner at the above address, 3817 Smith Street, Everett, Washington, that the � Owner will replace the curb and gutter section to the satisfaction of the City at his � � own expense and shall complete said curb and gutter replacement within 3u da,ys of I I receipt of notification by the City. ! � 3. Otvner hereby egrees that if Owner shall fail to make the necessary � installation within ihe 30 day period of time, tliet the City may make said } Iinstallation and bill Owner for all costs incurred by the City in making said installation. Owner agrees to pay all such costs. Owner agrees that the City is not , precluded from seeking any other legal redress it may have, in lieu of making the installation itself or in addition thereto.