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Port of Everett 12/17/2018
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Port of Everett 12/17/2018
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Last modified
5/21/2019 11:51:49 AM
Creation date
5/21/2019 11:51:44 AM
Metadata
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Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
12/17/2018
Council Approval Date
10/17/2018
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Utility Easement for PSO #3
Tracking Number
0001775
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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the respective rights of the parties. Approval of such work or activity shall be given in writing by <br /> the City's Engineer in the case of the City's authorization to commence such work or activity; and, <br /> by the Chief of Engineering and Planning in the case of the Grantor's authorization to commence <br /> such work or activity. PROVIDED, HOWEVER, any changes or revisions in the plans shall also <br /> be subject the prior approval of such personnel, which approval shall not be unreasonably <br /> withheld, delayed, or conditioned. Neither party's review of plans under this Agreement shall be <br /> deemed to impose any duty or obligation on the other party to determine the adequacy or <br /> sufficiency of plans and designs nor whether construction,work or activity is in conformance with <br /> other applicable plans, codes and regulations. Further, agreement by a party to such construction, <br /> work or activity shall not in any manner be considered as imposing any obligation, duty or liability <br /> upon the other party as to the safety or propriety of such construction, work or activity. <br /> 3. Grantor hereby authorizes City, at its sole cost and expense,to cut,trim and remove <br /> any and all brush,trees, other vegetation or debris upon the Easement Area and the right of access <br /> for such purposes when needed for work on the Easement Improvements. To the extent that the <br /> City identifies brush,trees or other vegetation and debris within or near the Easement Area which, <br /> in the City's reasonable judgment, constitutes a hazard to the Easement and the right of access for <br /> such purposes, the City shall notify the Grantor and request that Grantor remove the hazard or <br /> authorize the City to do so. In the event of a disagreement as to the existence of a hazard or as to <br /> what method may be used to remove the hazard,the parties shall resolve the disagreement pursuant <br /> to the dispute resolution provisions set forth below. <br /> 4. In the event either party places any improvements within the Easement Area <br /> without first having obtained the written approval of the other party, the party acting without <br /> approval shall cease all such activity and remove any and all improvements placed therein without <br /> -3 - <br />
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