2007/04/11 Council Agenda Packet

facilities becomes necessary. In Grantor's opinion, if sufficient area does not exist within Grantor's property to accommodate Grantee's relocated facilities then Grantor is not obligated to permit Grantee's relocated facilities within Grantor's property. 11. This agreement,and any and all rights of Grantee hereunder shall in any event terminate immediately in the event that Grantee at any time ceases to use or abandons the Easement Property or any of its facilities in,on or under the Easement Property. 12. This agreement sets forth the entire agreement of the parties and supersedes any and all prior agreements with respect to the subject matter of this agreement. The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof,and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 13. No change,amendment or modification of any provision of this agreement shall be valid unless set forth in a written amendment to this agreement signed by both parties. 14. Any waiver at any time by a party of any of its rights with respect to a default under this agreement,or with respect to any other matter arising in connection herewith, shall not be deemed a waiver with respect to any subsequent default or matter. 15. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 16. The Grantee is solely and directly responsible to the Grantor for any damage, injury, expense, loss, inconvenience,delay,suits,actions,or claims of any character brought because of any injuries or damage which may result from carrying out the work to be done under the provisions of this Easement. 17. Grantee's Contractor shall notify Grantor 72 hours in advance of the need for temporary support of a power pole. Arrangements for temporary relocation of a power pole or anchor will be made in advance of commencement of construction. This work will be accomplished by Grantor's employees at Grantee's expense. 18. Grantee's Contractor shall post a $20,000.00 deposit or bond with Grantor which will be forfeited and applied toward any damages, as determined by Grantor, if there is any unauthorized holding or stabilizing of Grantor's power poles, or if there is any unauthorized excavation around or under any of them, or if there is any unauthorized attachment to power poles. 19. As further consideration, the City of Everett agrees to hold the District harmless and to reimburse the District for all of its expenses,costs,losses,or other liabilities which the District reasonably determines arise due to the granting of this easement for the existence of a water system within the District's property. Dated this day of ,20 PUBLIC UTILITY DISTRICT NO.1 OF SNOHOMISH COUNTY Steve Klein,General Manager The terms and conditions of this agreement are hereby approved and accepted in their entirety on behalf of Grantee as of the date set forth above: CITY OF EVERETT By: Ray Stephanson,Mayor Approved as to form: Attorney for the Grantee t!