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<br /> .. ORDINANCE NO. /t,Lt
<br /> AN ORDINANCE granting to the ALSTORES REALTY COMPANY, INC. the right to
<br /> construct, maintain, and operate an overhead covered walkway across Wetmore
<br /> Avenue, between Blocks 666 and 667 Plat of Everett, Snohomish County,
<br /> Washington, approximately sixteen (16 feet south of California Street,
<br /> specifying the condition of the grant and providing for the acceptance
<br /> of this franchise.
<br /> NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EVERETT, WASHINGTON DOES
<br /> ORDAIN:
<br /> Section 1: That there is hereby granted to the ALSTORES REALTY COMPANY,
<br /> INC. , a corporation, and to its successors and assigns, hereinafter called
<br /> "Grantee" the right, privilege, and authority to construct, maintain, and
<br /> operate an overhead covered walkway hereinafter referred to as "Covered
<br /> Walkway" across Wetmore Avenue between Blocks 666 and 667, Plat of Everett,
<br /> Snohomish County, Washington, approximately sixteen (16) feet south of
<br /> California Street. The exact location of said Covered Walkway to be
<br /> approximately in the location shown on the plan on file in the City Engineer's
<br /> office, Work Order Drawing No. 6481. Said Covered Walkway shall be used by
<br /> Grantee for pedestrian walZ-way over the Avenue. Said Covered Walkway
<br /> shall be constructed in accordance with the plans and specifications
<br /> approved by the City of Everett before construction work is commenced and ;,)
<br /> shall have a minimum clearance of sixteen (16) feet between said Walkway
<br /> and the surface grade of the Avenue.
<br /> Section 2: All the rights, privileges and authority hereinafter conferred
<br /> upon and granted to said Grantee, its successors and assigns shall cease
<br /> and terminate at 12:00 midnight, fifty (50) years from the effective date
<br /> of this ordinance, unless renewed, and within ninety days thereafter said
<br /> Grantee, its successors and assigns shall remove said Overhead Walkway
<br /> and replace the Avenue and utilities in,its original condition. That this
<br /> franchise shall , upon application of the Grantee be renewed, if the Grantee
<br /> shall have complied with its provisions and unless public convenience shall
<br /> require its termination.
<br /> Section 3: That the said Grantee by its acceptance of this ordinance and
<br /> the rights, privileges, and authority hereby granted, does covenant and
<br /> agree for itself, its successors and assigns to at all times protect and
<br /> save harmless the City of Everett from all claims, action, suits, liability,
<br /> loss, costs, expenses, or damages of every kind and description which may
<br /> accrue to or be suffered by any person or persons or property by reason
<br /> of the erection, construction, re-construction, relocation, replacing,
<br /> readjustment, adjustment, repair, maintenance, operation, or use of said
<br /> Covered Walkway and in case any accident suit shall be instituted or begun
<br /> against said City for damages arising out of or by reason of the erection,
<br /> construction, reconstruction, relocation, replacement, readjustment,
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