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.rr <br /> Section 4: That the City of Everett retain an easement to construct, <br /> operate, maintain, repair and replace all travelways and public utilities under, <br /> over, and across the property hereinabove described. <br /> The City of Everett further retains the right to grant to public and private <br /> utilities, the right to construct, operate, maintain, repair, and replace utility <br /> lines, including but not limited to telephone, gas, and electrical, under, over <br /> and across the property described above in this Section 4. <br /> Section 5: The vacation is conditioned upon a perpetual covenant to <br /> provide for unobstructed vehicle access over and across the North 60 feet and <br /> the South 160 feet of the above-described alley vacation. Said covenant is <br /> attached hereto and is incorporated herein by reference. <br /> Section 6: The petitioner (Paul Fiorito), shall construct at his sole <br /> cost and expense a vehicle travelway as approved and accepted by the City <br /> Engineer as described in Section 5 above. <br /> Section 7: The petitioner (Paul Fiorito), his heirs, successors and assigns <br /> shall be responsible for maintaining the covenanted travelway in good condition <br /> at his own expense according to the plans and specifications submitted and approved <br /> by the City Engineering Department. If the City finds that the petitioner (Paul <br /> Fiorito), his heirs, successors and assigns have failed to maintain the travelway <br /> in a condition equal to or better than they were at the time of construction, <br /> the City, after giving thirty (30) days notice to the owner of said travelway, <br /> shall perform said maintenance itself. In the event the City is required to perform <br /> maintenance, the petitioner (Paul Fiorito), his heirs, successors and assigns <br /> agrees to repay the City within fifteen (15) days of the rendition of bills therefor, <br /> the cost of all materials, labor and overhead, including any assessment for reasonable <br /> administrative costs and disbursements incurred as a result of the work performed <br /> by the City. <br /> Section 8: The City shall have the right to file a lien against the property <br /> to which the vacated alley became attached in order to enforce the payment <br /> of costs incurred by the City of Everett for maintenance and reconstruction <br /> of said travelway. <br /> -2- <br />