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2019/01/09 Council Agenda Packet
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2019/01/09 Council Agenda Packet
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Council Agenda Packet
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1/9/2019
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7. NOTICE.Notices sent pursuant to this License shall be sent to the parties at the <br /> following addresses: <br /> CITY OF EVERETT <br /> Attu.: Mike Palacios <br /> Real Property <br /> 3200 Cedar St. <br /> Everett, Washington 98201 <br /> Glacier Northwest,Inc. <br /> Attn: Vice President-Materials <br /> P.O.Box 1730, <br /> Seattle, Washington 98111 <br /> 8. NO ASSIGNMENT. This License is personal to the Glacier and may not be <br /> transferred, assigned, conveyed,pledged, encumbered or hypothecated,without the approval <br /> of the City, which approval shall not be unreasonably withheld. For purposes of this <br /> paragraph 8, consent shall not be required upon written notice of transfer or assignment of this <br /> License to Glacier's parent company or any wholly owned subsidiary of Glacier's parent <br /> company. <br /> 9. COMPLIANCE WITH LAW.. Glacier agrees to comply with all applicable City, <br /> County, State and Federal regulations and laws and acquire all permits required by law or <br /> regulation. <br /> 10. INSURANCE. Glacier shall maintain commercial general liability insurance coverage <br /> during the term of this License with$1,000,000 combined single limits. Glacier shall ensure <br /> the City is endorsed as an additional insured on the policy. Glacier shall provide the City <br /> evidence of coverage and endorsement. <br /> 11. NON-INTERFERENCE WITH CITY USE. Glacier's use of the Property shall not <br /> interfere in any way with City's use or with travel on Ross Ave., or impede vehicular traffic in <br /> any way. <br /> 12. RELOCATION. Glacier specifically agrees to relocate or remove,whichever the City <br /> reasonably requires, all or any part of the facilities it constructs in the Property so as not to • <br /> unduly interfere with any structure or facility or any operation that the City presently operates <br /> or maintains or may hereafter desire to construct or conduct upon the Property, including,but <br /> not limited to, changes,repairs and improvements to the Property;provided,however,that the <br /> City will seek to minimize, insofar as is feasible,the frequency and extent of any relocation. <br /> Glacier shall commence the relocation or removal within one hundred and twenty(120) days <br /> of notice by the City that Glacier must relocate or remove facilities;provided, however, that <br /> this 120-day period shall be tolled for the period of time between Glacier's application for any <br /> governmental approvals required to complete the relocation or removal, and the time that all <br /> such approvals are granted. Glacier shall exert its best efforts to obtain such approvals <br /> promptly. If Glacier fails to commence the relocation or removal as required or,having <br /> commenced it,fails to proceed with reasonable dispatch,the City shall,in addition to its <br /> Glacier Nw-Wilder Coast Conveyor License 2019 _3 - <br /> 63 <br />
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