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2008/04/30 Council Agenda Packet
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2008/04/30 Council Agenda Packet
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Council Agenda Packet
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4/30/2008
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15 <br />during the engineering, design, and construction of the relocation project. Prior to the <br />commencement of any such relocation, Grantor shall provide to Grantee, for review and written <br />approval, two (2) sets of the plans, details, and specifications, and any revisions thereto, for the <br />relocation project. No work shall be done without the prior written approval of such plans by the <br />WSDOT. Grantee's approval of such plans and specifications shall not be unreasonably <br />withheld or delayed. All construction work shall be done in conformity with the plans and <br />specifications as approved. Grantee may be present on the Property during the construction of <br />the relocation project. Grantor shall notify Grantee upon completion of the relocation project and <br />provide Grantee an opportunity to inspect and test the relocated Easement Improvements for the <br />purposes of compliance with this section. Grantor agrees to perform additional work identified <br />by Grantee as necessary for the relocated Easement Improvements to operate at the same <br />functional level as before the relocation project. In addition, Grantor shall provide Grantee with <br />"as -built" plans within sixty (60) days of Grantee's written approval of the construction of the <br />relocated Easement Improvements. <br />B. Upon the written approval of the relocated Easement Improvements, which <br />approval shall not be unreasonably withheld or delayed, Grantor will prepare at its sole cost and <br />expense, a mutually agreeable amendment to this Easement Agreement depicting the new <br />location of the easement. Upon execution of the amendment by both Parties, Grantor shall, at its <br />sole cost and expense, record the amended easement in the real property records of Snohomish <br />County, Washington. <br />3. Grantee's Use and Activities. Grantee shall exercise its rights under this Agreement so as <br />to minimize and avoid, insofar as possible, interference with the use by Grantor of Grantor's <br />property and shall at all times conduct its activities on the Easement Area so as not to <br />unreasonably interfere with, obstruct or endanger the Grantor's operations, facilities, or utilities. <br />Grantee shall, at its expense, conform to all applicable laws, regulations, permits or requirements <br />of any governmental authority affecting the Easement Area and the use thereof. Upon request, <br />Grantee shall supply Grantor with copies of applications, permits or orders. <br />4. Coordination of Activities. Grantee shall give reasonable advance written notice of the <br />dates of any testing or sampling, permit applications, construction, repair and maintenance <br />activities on Grantor's Property to Grantor at the address in Section 7, to enable the Parties to <br />coordinate, including minimizing any temporary closure of the public access trail on the <br />Property, as may be further specified in a separate maintenance agreement among the Parties. <br />Grantee shall provide notice to and consult with Grantor prior to undertaking any sampling and <br />analysis plan pertaining to the Easement Area. Grantee shall promptly share at its cost any <br />information obtained from such work with Grantor prior to making such information available to <br />any third parties unless otherwise directed by a government agency with jurisdiction. Provided, <br />however, that in the event of an emergency requiring immediate action by Grantee for the <br />protection of its improvements or other persons or property, Grantee may take such action upon <br />notice to Grantor as is reasonable under the circumstances. <br />Page 3 of 7 FA No. F-005( ) <br />Project No., A00543N <br />Parcel No. 1-22361 <br />
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