Broadway Apartment 12/26/2018 - Laserfiche WebLink

to the construction,repair,reconstruction, maintenance, removal or operation of the Tie- Back Easement Improvements. 4.3 Grantee shall not construct,reconstruct,relocate, adjust,remove,or repair the Tie-Back Easement Improvements or otherwise use the Tie-Back Easement Area except in accordance with plans and specifications approved in advance by the City Engineer. The City Engineer has approved Tie-Back Easement Improvements as described in the plans and specifications approved by the City of Everett in connection with the Grantee's building permit application under file number 13/7/0 4.4 At its sole expense,Grantee shall operate,maintain,and repair the Tie-Back Easement Improvements. Such operation,maintenance,and repair shall include such Grantee actions as may be necessary to avoid damage to Grantor or public use of the City Properties. 5. Termination of Agreement. 5.1. If Grantee's use of the Tie-Back Easement Area or if the Tie-Back Easement Improvements,in the reasonable judgment of the City Engineer,constitute a substantial threat to the structural integrity of the City Properties or a danger to the public use of the City Properties,then Grantor may deliver written notice thereof to Grantee. If Grantee does not cure such threat or danger at no expense to Grantor within thirty(30) days after delivery of the notice (or such sooner time as may be reasonably required by the City Engineer),or does not within such time period begin and thereafter diligently, continually,and in good faith work to effect such a cure as soon as possible,then the Grantor may,effective upon written notice to Grantee,terminate this Agreement. 5.2. If Grantor believes that Grantee has violated any material term or condition of Agreement,Grantor shall deliver written notice thereof to Grantee. This right is in addition to any right Grantor may have under Section 5.1. If Grantee does not cure such violation at no.expense to Grantor within thirty(30)days after delivery of violation notice(or such sooner time as may be reasonably required by Grantor),or does not within such time period begin and thereafter diligently, continually,and in good faith work to effect such a cure as soon as possible,then the Grantor may,effective upon written notice to Grantee,terminate this Agreement. 5.3. Effective on the Project completion or on delivery of an uncured termination notice under Section 5.1 or Section 5.2 above,the Tie-Back Easement Improvements shall be deemed abandoned by Grantee. Upon such abandonment,the Grantor may at any time at Grantor's sole discretion remove the Tie-Back Easement Improvements. Tie-Back Easement and Agreement Page 3