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Everett Downtown Storage 12/11/2017
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Everett Downtown Storage 12/11/2017
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Last modified
12/14/2017 9:29:41 AM
Creation date
12/14/2017 9:29:37 AM
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Contracts
Contractor's Name
Everett Downtown Storage
Approval Date
12/11/2017
Department
Public Works
Department Project Manager
Mark Sadler
Subject / Project Title
Improvements at Everett Downtown Storage
Tracking Number
0000950
Total Compensation
$8,000.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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C. Post-Installation. Effective immediately when installation of an Improvement is <br /> complete in a storage unit, that Improvement becomes the property of Owner on a strictly AS- <br /> IS/WHERE-IS basis. Owner is thereafter solely responsible for the maintenance and upkeep of <br /> I the Improvements. <br /> SECTION 2: OCCUPANT ADDENDUM <br /> A. Addendum. For each storage unit in which Improvements are installed, the <br /> Owner will obtain the storage unit Occupant's signature on an Addendum in form as attached as <br /> Exhibit A to this Agreement. The Owner will also sign the Addendum. Wherever there is a <br /> change of Occupant for the storage unit, the Owner will obtain the signature of the new <br /> Occupant on a new Addendum, and Owner will also sign the new Addendum. <br /> B. Occupant Claim Against the City. If there is a flood in a storage unit that contains <br /> Improvements and the Occupant files a claim against the City,then Owner will provide the City <br /> upon request(1) a copy of Owner's fully-signed rental agreement with the Occupant and(2) a <br /> copy of the Addendum signed by Owner and Occupant. If Owner is unable to provide the rental <br /> agreement and Addendum for the Occupant,then Owner shall indemnify the City against all <br /> Occupant claims against the City relating to items that were damaged by flooding when those <br /> items were on the storage unit floor. <br /> C. Compensation. For the purposes of compensating Owner for Owner undertaking <br /> the obligations under this Section 2,the City will,within 30 days after mutual execution of this <br /> Agreement,pay Owner a one-time payment of$8000. <br /> SECTION 3: GENERAL PROVISIONS <br /> A. Complete Agreement. This Agreement constitutes the entire agreement of the <br /> parties relating to the Improvements. This Agreement supersedes and replaces all other written <br /> or oral agreements relating to the Improvements. <br /> B. Amendment. No amendment to this Agreement will be effective unless in <br /> writing and signed by the Mayor of the City and by an authorized representative of the Owner. <br /> C. Waiver. No waiver of satisfaction of any condition or nonperformance of an <br /> obligation under this Agreement will be effective unless it is in writing and signed by the party <br /> granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other <br /> condition or nonperformance of any other obligation. <br /> D. No Third-Party Beneficiaries. The provisions of this Agreement are for the sole <br /> benefit of the parties to this Agreement. No other persons have any rights or remedies under this <br /> Agreement. <br /> SIGNATURES TO FOLLOW] <br /> 2 <br />
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