2008/04/30 Council Agenda Packet

r 5. Damage to Property; Grantee to Restore. At all times during the term of the easements granted under this Agreement, Grantee shall not commit or suffer waste to be committed to the Easement Area. Such waste does not include, inter alia, the deposit of sediment and other substances expected to be discharged within the stormwater exiting the outfall as authorized by permits and applicable laws; nor does such waste include deposition and erosion resulting from the Snohomish River. If Grantee fails to remove all unpermitted waste (does not refer to minor or incidental deposit) and restore the Easement Area to its condition immediately prior to the deposit of the unauthorized material within a reasonable time following written notice from Grantor, Grantor may remove such materials and charge the responsible Grantee for the cost of removal and disposal. 6. Termination. Grantee shall have the right to terminate this Agreement upon sixty (60) days written notice. In the event Grantee ceases to use the improvements for a period of five years (1825 consecutive calendar days), this Agreement and all Grantee's rights hereunder shall terminate and revert to Grantor without further action required by Grantor. In such event and upon request of the Grantor, the Grantee shall deliver to the Grantor a fully executed termination of easement agreement to be recorded in the office of the Snohomish County Auditor. Upon any termination of this Agreement, Grantor may require that Grantee promptly remove from the easement area the Easement Improvements and restore the ground to the condition preexisting construction of said improvements, or in the alternative, take such other and mutually agreeable measures to minimize impact of the improvements on the Property. Such work, removal and restoration shall be done at the sole cost and expense of Grantee. In case of failure of Grantee to so remove its improvements, restore the area affected, or take such other mutually agreed upon measures, Grantor may, after reasonable written notice to Grantee, remove Grantee's improvements, restore the area affected, or take such measures at the expense of Grantee, and Grantor shall not be liable therefor. No termination of this Agreement shall release Grantee from any liability or obligation with respect to any matter occurring prior to such termination. If the easement is terminated due to abandonment, the duty to restore the property as provided in this Agreement shall survive termination to the extent that, and for so long as, any portion of the Easement Improvements remain in the Easement Area after termination. 7. Notices. Wherever in this Agreement written notices are expressly required to be given or made, they will be served, personally delivered or sent by certified or overnight mail addressed to the Party at the address listed below unless a different address has been designated in writing and delivered to the other Party. If to Grantor: CITY OF EVERETT Real Property Manager 3200 Cedar Street Everett, WA 98201 Page 4 of 7 FA No. F-005( ) Project No., A00543N Parcel No. 1-22361