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Port of Everett 9/20/2018
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Port of Everett 9/20/2018
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Last modified
5/21/2019 11:43:35 AM
Creation date
5/21/2019 11:43:31 AM
Metadata
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Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
9/20/2018
Council Approval Date
9/12/2018
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Eater Main at Riverside Industrial Park
Tracking Number
0001774
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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work or activity shall not in any manner be considered as imposing any obligation, duty or liability <br /> upon the City as to the safety or propriety of such construction, work or activity. <br /> 3. Grantor hereby authorizes City to cut, trim and remove any and all brush, trees, other <br /> vegetation or debris upon the Easement and the right of access for such purposes when needed for <br /> work on the utility line. To the extent that the City identifies brush, trees or other vegetation and <br /> debris on Grantor's property which, in the City's reasonable judgment, constitutes a hazard to the <br /> Easement and the right of access for such purposes, the City shall notify the Grantor and request <br /> that Grantor remove the hazard or authorize the City to do so. In the event of a disagreement as to <br /> the existence of a or as to what method may be used to remove the hazard,the parties shall resolve <br /> the disagreement pursuant to the dispute resolution provisions set forth below. <br /> 4. In the event Grantor places any improvements within the Easement area without first <br /> having obtained the written approval of the City Engineer, the Grantor shall cease all such activity <br /> and obtain such approval pursuant to Section 2 above. In the event Grantor fails to obtain such <br /> approval and the improvement placed by the Grantor unreasonably interferes with the City's <br /> easement rights, Grantor hereby authorizes the City to remove any and all improvements placed <br /> or constructed therein and hold the City, its officers, employees and agents harmless from damage <br /> caused to said improvements arising out of or related to their removal. Grantor further agrees to <br /> pay the City for any and all costs incurred by the City in removing the improvements. This right <br /> is in addition to any other right the City may have at law or in equity. <br /> 5. Prior to the City conducting any activity within the Easement area, such as, but not <br /> limited to, maintenance and repair work, it shall notify the Grantor in advance and obtain the <br /> Grantor's written approval, which may contain conditions on hours and traffic control, and which <br /> written approval shall not be unreasonably withheld or delayed. <br /> 6. A. Subject to Section 6.B below, Grantor does release, indemnify and promise <br /> to defend and save harmless the City, its officials, officers, employees and agents from and against <br /> 3 <br />
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