Public Utility District No 1 of Snohomish Co 7/18/2018

EASEMENT AGREEMENT District during the construction, reconstruction, operation, maintenance and repair of the aforesaid improvement or facility, provided said construction, reconstruction, maintenance and repair does not substantially interfere with the District's business operations conducted on the property or with the District's use and quiet enjoyment of its property. 2. Noninterference. The District shall at all times conduct its activities and all other activities conducted on the District's property so as not to interfere with, obstruct or endanger the usefulness of any improvements, or other facilities, now or hereafter maintained upon the Easement Area, or in any way interfere with, obstruct or endanger the City's use of the Easement Area without first obtaining written approval of the City, which approval shall not be unreasonably withheld. 3. Construction Work by District. a. Except as otherwise provided herein, prior to any construction work by the District within the Easement Area, notification and plans for the same shall be submitted in writing to the City by the District and no such construction work by the District shall occur without City's prior written consent, which consent shall not be unreasonably withheld; provided, however, any changes or revisions in the plans shall also be subject to City's prior written consent. The City shall respond in writing within ten (10) business days of City's receipt of such notification and plans from the District. If the City does not consent, the City will provide a written explanation in its response. The City's review of the District's plans under this Easement Agreement shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of the District's plans and designs nor whether the District's construction work is in conformance with other applicable plans, codes and regulations. Further, consent by the City to such construction work shall not in any manner be considered as imposing any obligation, duty or liability upon the City as to the safety or propriety of such construction work. b. In the event that the District determines that it is necessary to perform work to operate, maintain, repair and/or replace any District equipment, facilities, and/or lines located within the Easement Area, the District shall provide reasonable notice to the City of such work but shall not be required to obtain the City's consent and/or follow the process stated in Subsection (3)(a) prior to carrying out such work. 4. Removal of Unauthorized Improvements. Except as otherwise provided in this Easement Agreement, in the event the District places any improvements on or in the Easement Area or constructs anything within the Easement Area without first having obtained the written approval of the City Engineer, the District shall cease all such activity and remove such improvements. In the event the District fails to obtain prior approval, the District hereby authorizes the City to remove any and all such improvements placed or constructed therein and hold the City, its officers, employees and agents harmless from 2