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date as the parties to the dispute may agree. In the event that mediation fails to resolve the issue(s)in <br /> dispute, each party to the dispute shall be free to seek such other recourse as may be available. <br /> 10. The teams and conditions of this Agreement are intended to run with the land. <br /> 11. The City's use of parcel 001 will be staggered/staged in such a way that allows for <br /> Lombardi's Restaurant (hereinafter referred to as "Lombardi's") to use as much of parcel 001 as <br /> practical that does not interfere with the City's project. At a minimum,the City agrees to limit its use <br /> of parcel 001 and parcel 006 to the area outlined in red for the durations as noted on the aerial plan <br /> sheets titled SCENARIO 1, SCENARIO 2, and SCENARIO 3, attached hereto and incorporated <br /> herein by reference. <br /> 12. Additionally, a "Safety Closure Area" is required during the bridge erection period <br /> lasting approximately 48-hours. This"Safety Closure Area"is noted and shown as the hachured area <br /> on the aerial plan sheet titled SCENARIO 4,also attached hereto and incorporated herein by reference. <br /> Notwithstanding the foregoing, the City shall maintain ingress and egress access to the ADA dock <br /> facilities, as required under Section 1. <br /> 13. City agrees to provide a one-time payment in the total amount of $17,600.00 to <br /> Lombardi's for: <br /> a.) Compensation for loss of use for those portions of parcel 001 affected by the Temporary <br /> Construction Easement. <br /> b.)Reimbursement for any and all expenses incurred for signage,blackout painting,restriping or other <br /> modifications and restorations made by Lombardi's to the parking lot area adjacent to the Temporary <br /> Construction Easement area. <br /> 14. City to provide project updates by e-mail (monthly at minimum) to Port of Everett, <br /> Eclipse Real Estate Group,Lombardi's,DEA and any other interested parties who request to be on e- <br /> mail notification list. The notification will include project updates including schedule changes, <br /> transition from one scenario to another,movement of fencing and dumpster, changes to lane closures, <br /> and in particular as early notice as possible of the bridge erection period. <br /> Executed as of the date hereinabove set forth. <br /> Signatures on following page <br /> 134 <br />