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1 The City of Everett further retains the right to grant to public and private <br /> 2 utilities, the right to construct, operate, maintain, repair, and replace utility lines, <br /> 3 including but not limied to telephone, gas, and electrical, under, over and across the <br /> 4 property described as a 30 foot wide strip referenced in Section 5 herein. <br /> 5 Section 5: The vacation is conditioned upon a perpetual covenant to provide <br /> 6 for unobstructed vehicle and pedestrian access over and across the south 30 feet of the <br /> 7 above-described street vacation. Said covenant is attached hereto and is incorporated <br /> 8 herein by reference. <br /> 9 Section 6: The applicants, Claremont Industries, Inc. and Claremont Shopping <br /> 10 Center, shall construct at their sole cost and expense a vehicle travelway consisting of <br /> 11 two 12 foot lanes and a pedestrian walkway, six feet in width as approved and accepted <br /> 12 by the City Engineer. <br /> 13 Section 7: Claremont Industries, Inc., their heirs, successors and assigns shall <br /> 14 be responsible for maintaining the covenanted walkway and travelway in good condition <br /> 15 at its own expense according to the plans and specifications submitted and approved by <br /> 16 the City Engineering Department. If the City finds that Claremont Industries, Inc., <br /> 17 their heirs, successors and assigns have failed to maintain the travelway and walkway in <br /> 18 a condition equal to or better than they were at the time of construction, the City, <br /> 19 after giving thirty (30) days notice to the owner of said travelway and walkway, shall <br /> 20 perform said maintenance itself. In the event the City is required to perform <br /> 21 maintenance, Claremont Industries, Inc., their heirs, sucessors and assigns agree to <br /> 22 repay the City within fifteen (15) days of the rendition of bills therefor, the cost of all <br /> 23 materials, labor and overhead, including any assessment for reasonable administrative <br /> 24 costs and disbursements incurred as a result of the work performed by the City. <br /> 25 Section 8: The City shall have the right to file a lien against the property to <br /> 26 which the vacated street became attached in order to enforce the payment of costs <br /> 27 incurred by the City of Everett for maintenance and reconstruction of said walkway and <br /> 28 travelway. <br /> 29 Section 9: Claremont Industries, Inc., their heirs, successors and assigns, <br /> 30 covenants and agrees to save and hold the City of Everett harmless from any and all <br /> 31 <br /> 32 -3- <br />