2015/11/10 Council Agenda Packet

10 CITY OF EVERETT Public Works Department Director-Dave Davis ROAD AND PIT USE PERMIT FACILITY AND PROPERTY PROTECTION AGREEMENT Permit No. 15-0002 THIS PERMIT AND AGREEMENT (the"Permit"), made and entered into this day of ,2015,by and between the CITY OF EVERETT,herein called the "Grantor," and the SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT,herein called the "Grantee." Grantor is the owner of approximately 3762 acres located on Lake Chaplain Tract("Grantor's Property"). Grantee is undertaking a project related to Grantor's diversion dam in Grantor's Property,which is the subject of Public Works permit PW1510-013 (the"Project"). Road and Pit Use. Grantor,for and in consideration of the tennis and conditions specified herein,hereby grants and conveys to the Grantee,for the purpose of administrative access, temporary rock use,rock haul and maintenance and Project access, a nonexclusive permit to use for Project purposes road D-1300 and to use a rock pit,in Section 8,Township 28 North, Range 8 East,W.M., in Snohomish County, State of Washington, located in Grantor's Property approximately as shown on Exhibit A and confined to such widths as indicated on Exhibit A. Facility Protection/Warning. Many important Grantor facilities are located in or near the Project area,including without limitation Grantor's diversion dam, several pipelines and improvements (the"Facilities"). Grantee shall construct its Project without damaging the Facilities or Grantor's Property. In the event of damage to the Facilities or Grantor's Property arising from the construction of the Project,the Grantee shall promptly repair such damage. Except to the extent of Grantor's negligence, Grantee shall indemnify, defend and hold harmless the Grantor against any claim, fine, penalty, suit or loss arising from the construction of the Project, including without limitation Facility and property damage and personal injury and reasonable attorneys' fees. This provision shall survive any extension, expiration or termination of this Permit. GRANTEE ACKNOWLEDGES THAT GRANTOR'S PROPERTY IS CLOSED TO PUBLIC VEHICLE ACCESS AND IS MAINTAI'�]i ED SOLELY FOR GRANTOR'S USE. THEREFORE THE ROADS SUCH AS D-1000 AND D-1300 MAY NOT MEET CURRENT NATIONAL STANDARDS IN REGARD TO CONSTRUCTION AND SAFETY. GRANTEE IS SOLELY RESPONSIBLE FOR DETERMINING THE CONDITION AND SAFETY OF THE GRANTOR'S PROPERTY PRIOR TO USE. GRAN TEE AND GRANTEE'S PERMI TEES SHALL USE GRANTOR'S PROPERTY SOLELY AT THEIR OWN RISK. Page 1 of 12 42.