2007/10/10 Council Agenda Packet

TEMPORARY RIGHT-OF-ENTRY AGREEMENT for Proposed Tulalip-Everett Water Main Project REAL ESTATE MANAGER PROJECT: Proposed Tulalip-Everett Water Main 3200 CEDAR STREET PARCEL ADDRESS: None EVERETT, WA 98201 TAX ACCT. #'s: 29050800402000 & 29050900300700 OWNER: The Port of Everett This Temporary Right-of Entry Agreement (this "Agreement") made this day of , 2007 (the "Commencement Date"), by and between the grantor, the Port of Everett, a port district organized under the laws of the State of Washington, (hereinafter referred to as "Grantor") for due diligence, hereby grants permission to the City of Everett, a first class charter city under the laws of the State of Washington (hereinafter referred to as "City") its authorized agents, assigns, or subcontractors, to enter upon certain lands for the purposes of planning, surveying, engineering, construction, soil testing, etc. in connection with the Tulalip- Everett Water Main project. The land to which this Agreement applies is set forth in drawing Exhibit "A", attached hereto and incorporated herein by reference (the "Property"). This Agreement shall extend from the Commencement Date for a period of thirty(30) days. The Grantor and the City, by granting and accepting this Agreement respectively, mutually covenant and agree as follows: 1. The City will make reasonable efforts to minimize disruption and inconvenience to the Property and uses made thereon. The City shall restore the Property to its condition prior to the City's activities hereunder as soon as it has completed the activities causing disruption or damage to the Property. 2. This Agreement will terminate at the earlier of such time as the City has completed the due diligence investigative work associated therewith or thirty (30) days from the Commencement Date; provided, however, the parties may mutually agree to extend the duration of the Agreement by written addendum hereto. I 2 of 7