Port of Everett 1/28/2019 - Laserfiche WebLink

C. The City has approved the remedial action to occur as a result of the Environmental Covenant, provided that the Port is responsible for the costs of the environmental activities conducted as a result of the Environmental Covenant. The City also grants the Port a Right-of-Entry to the extent the activities required by the Environmental Covenant need to be performed on City Property. D. The Port has agreed to undertake the activities specified in the Environmental Covenant and, further, has agreed to pay the costs of those activities. COVENANTS The City of Everett, as Grantor and right-of-way owner of the City Covenant Property, hereby grants to the Port, and its successors and assigns, as Grantee,the following covenants: 1. Right-of-Entry. The City does hereby grant permission to the Port and its agents, employees, consultants and representatives (herein individually and collectively considered to be within the reference of "Port"), during the Term of the Environmental Covenant, to enter onto the City Covenant Property for the purpose of performing any inspection and remedial action requirements as described in Section 2, below, of the City Covenant Property, including surveys, a structural strength analysis, subsurface boring tests, an environmental site assessment, soil excavation and backfilling, and other activities as Port may deem necessary, at the sole cost of Port. In addition, Port may remove samples of the soil from the City Covenant Property. Port shall be solely responsible for the actions of its employees or contractors while on the City Covenant Property. The Port shall be solely responsible for ensuring the safety of the public and all third parties on the City Covenant Property while conducting remedial activities on the Environmental Covenant Property, including but not limited to traffic control, signage, barriers, lighting and other measures deemed appropriate including any recommended by the City to ensure safety during performance of such work. 2. Remediation and Related Costs. The Port shall pay all costs, fees, expenses and penalties, if assessed, related to the remedial action requirements of the Environmental Covenant provided, further, the Port shall save and hold the City harmless from such costs, fees, expenses and penalties except that the foregoing obligation on the part of the Port shall not apply to the extent that the City was the source of the contaminant that required remediation and/or created the cost, fee, expense or penalty. 2