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Port of Everett 6/19/2019 (5)
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Port of Everett 6/19/2019 (5)
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Last modified
8/8/2019 10:37:10 AM
Creation date
8/8/2019 10:37:04 AM
Metadata
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Template:
Contracts
Contractor's Name
Port of Everett
Approval Date
6/19/2019
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Public Access Easement Tract D
Tracking Number
0001959
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Easements
Retention Period
10 Years Then Transfer to State Archivist
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Grantor's plans and specifications will be limited to whether the proposed activity may <br /> interfere with use of the Public Access Improvements or the Public Access Easement. <br /> The City's review and approval of Grantor's plans and specifications will not be a <br /> representation or certification that the plans and specifications or the proposed <br /> activity complies with any applicable law, building code or other governmental rule or <br /> regulation. <br /> 4. Grantor's Representation. Grantor represents that it is the owner of the <br /> Property and has the authority to enter into and to perform its obligations under this <br /> Agreement. <br /> 5. Miscellaneous Provisions <br /> A. Binding Effect. The rights and obligations of the Grantor and the City <br /> and under this Agreement run with the land and inure to the benefit of the public and City <br /> and the City's successors, and are binding upon Grantor, its successors and assigns and each <br /> and every person who at any time has any ownership interest in the Property. <br /> B. Governing Law. The laws of the State of Washington,without giving <br /> effect to principles of conflict of laws, govern all matters arising out of or relating to this <br /> Agreement. <br /> C. Venue. Any litigation arising from or relating to this <br /> Agreement may only be brought before the Snohomish County Superior Court. <br /> D. Complete Agreement. This Agreement constitutes the entire <br /> agreement of Grantor and the City relating to the subject matter of this Agreement. This <br /> Agreement supersedes and replaces all other written or oral agreements thereto. <br /> E. Amendment/Termination. No amendment to or termination of this <br /> Agreement will be effective unless it is in writing and signed by Grantor and the City. <br /> F. Waiver. No waiver of satisfaction of any condition or <br /> nonperformance of an obligation under this Agreement will be effective unless it is in writing <br /> and signed by the party granting the waiver, and no such waiver will constitute a waiver of <br /> satisfaction of any other condition or nonperformance of any other obligation. <br /> G. Severability. If any provision of this Agreement is unenforceable to <br /> any extent, the remainder of this Agreement, or the application of that provision to any <br /> persons or circumstances other than those as to which it is held unenforceable, will not be <br /> affected by that unenforceability and will be enforceable to the fullest extent permitted by <br /> law. <br /> H. Notice. For a notice under this Agreement to be valid, it must be in <br /> writing and the sending party must use one of the following methods of delivery: (a)personal <br /> delivery to the address stated below; (b) first class postage prepaid U.S. Mail to the address <br /> 3 <br />
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