2010/02/10 Council Agenda Packet

7 2. Construction of Trail. 2.1 Construction Standards. The City shall not commence to construct the Trail or commence any work on the Easement Area without the written consent of Verizon, and Verizon may withhold such consent or impose conditions to such consent, as Verizon may deem reasonably necessary or desirable. The City shall deliver to Verizon plans and specifications for such construction,which shall be subject to Verizon's prior reasonable approval. Notwithstanding the foregoing, such approval by Verizon shall not constitute a representation regarding the adequacy of the plans and specifications or a waiver of the City's obligations not to disturb the Underground Utilities, as set forth in Paragraph 2.3 below. The City shall give Verizon at least two (2)weeks' written notice at the address set forth in Paragraph 8 below and to Rob Dutcher at(425)261-6109 prior to commencement of construction of the Trail on the Easement Area. The City shall complete such construction in accordance with the plans and specifications approved by Verizon,using good quality materials, and in compliance with all applicable local, state and federal laws and in a good and workmanlike manner. The City shall pay the costs of all construction, and shall keep the Easement Area and the Verizon Property free and clear of any liens or encumbrances arising out of such construction. Verizon shall have the right to post and record appropriate notices of non-responsibility. 2.2 Insurance. The parties acknowledge that the City maintains a self- insurance program in accordance with Washington law. 2.3 Underground Utilities. The City acknowledges that Verizon has notified the City of the existence of underground cables,wires, conduits,utilities and infrastructure located under the Easement Area(collectively, "Underground Utilities"). The City shall undertake its construction in a manner so as not to disturb any of Verizon's Underground Utilities. If the City disturbs any of Verizon's Underground Utilities,Verizon shall have the right, in addition to all other rights and remedies, at the City's sole cost and expense,to replace or repair such Underground Utilities. 2.4 Existing Landscaping. Promptly following the completion of the construction,the City shall, at its sole cost and expense,replace and restore all landscaping, shrubs, trees,brush,plants, sprinklers, and irrigation systems impacted as a result on construction of the Trail to Verizon's satisfaction. 3. No Interference. In connection with its use of the Easement Area,the City shall not cause or permit any interference with the use by Verizon of the balance of the Verizon Property. 4. Verizon's Rights to Operate Underground Utilities. The City acknowledges that Verizon operates the Underground Utilities under the Easement Area. Verizon shall have the right at any time to the extent deemed necessary by Verizon,to repair, replace and maintain the Underground Utilities, and in connection therewith,Verizon may be required to uproot all or a portion of the Easement Area, in which case,Verizon shall repair, repave, and/or replace the damaged portions of the Easement Area. The City acknowledges that -2 - \7456498.3 25