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17522 TALBOT-ENC AGREEMENT.pdfWhen recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 41 oCANNED 0 CT 8 4, 2011; CONFORMED COPY 201305020184 5 PGS 05102/2013 9:54am 76.00 SNOHOMISH COUNTY, WHINGTON SPACE ABOVE THE LINE FOR RECORDERS USE Assessor's Parcel No.: X4/4/ 0000:�0'20 Applicant: fZkaqe-l+ 0 U VCI I This ENCROACHMENT AGREE NT ("Agree Ent") is entereA into between the CA - CITY OF EDMONDS ("City") and Fr V- ("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development Code. 1. The Property. Owner is the owner of that certain real property located at AO��—O—, within the City of Edmonds, Washington, Assessor's Parcel Number and more particularly described as follows 4 -c -r ar.,° puik-r oc-y-tv,-Q.oT r-Y-VrzK-- i?-, 10C-7 1-7. or as described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The Easement. The City right-of-way adjacent to owner's property or an existing easement used for (strike those that don't apply) [ 4k, b4&nth, , sanitary sewer, w4te,-, s , e4ier 3. The Encroachment. The Owner desires to encroach upon the public easement and the City hereby covenants and agrees and grants its permission to Owner to allowf�/ R - !" ul-: 5 n E: Et21 4L-Z--F--r2 'o to remain in a portion of -/ the City right-of-way/easement. A partial site plan, scaled 1"=20', showing the location of the encroachment is attached as Exhibit "B" and incorporated by reference. This Agreement is subject to the following terms and conditions: -I of4- a. On behalf of themselves, their successors and assigns, the Owner promises to maintain, repair, remove and/or replace the encroachment located in the easement at their sole expense to the standards established by the City. All maintenance, repair, removal and/or replacement shall be conducted solely at the Owners' expense. b. The Owner, on behalf of themselves and their successors and assigns, acknowledge that the City had no obligation to approve the encroachment within the easement for the sole benefit of the Owner, and the agreements contained herein, provide sufficient consideration for the Owner and their successors and assigns to maintain, repair, remove and/or replace said encroachment located in the easement at their sole expense in perpetuity. c. The Owner promises to indemnify and hold harmless the City, its officers, agents and employees from any loss, claim or liability of any kind or nature arising from or out of its promises contained within this agreement, including any damage that may be caused to the encroachment by the City's operation, maintenance, repair, replacement or other work related to construction activity within the easement This promise to hold harmless and indemnify includes defense by counsel of the City's choosing, the payment of reasonable attorney's fees and court costs. Nothing herein, however, shall be interpreted to require the Owner to indemnify the City from the negligence or intentional tortuous act of its employees, officers, or agents. d. The Owner shall at the request of the City, promptly remove, repair, reconstruct, and/or replace the encroachment at the Owners' sole expense. Upon receipt of notification from the City that the City requires removal of all or portions of the encroachment from within the easement, the Owner will promptly remove those portions of the encroachment from within the easement area as required by the City at their sole expense. If the portions of the encroachment required by the City to be removed are not timely removed by the Owner, they shall be removed by the City at the expense of the Owner, and the Owner shall reimburse the City for the costs of removal of the encroachment and disposal of materials as well as for any increased construction costs or consequential damages incurred by the City due to the Owners' delay. In the event that portions of the encroachment must be removed to facilitate utility and/or construction activity by the City within the easement or other requirements of the City, the Owner shall be solely responsible for replacement of the encroachment at their expense upon completion of the utility and/or construction or other activity by the City. e. Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. -2of4- f. The property owner is required to provide and continually maintain during the term of the permit a certificate of insurance naming the City as an additional insured, with respect to liability, and providing that it shall be primary as to any other policy of insurance. A copy of the insurance certificate shall be provided to the City at the beginning of each calendar year, no later than the 21" day of January. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. This agreement may not be amended except in writing in a document filed of record with the auditor of Snohomish County, Washington. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 If to he Owner: 93 /e QZ Y1yP1 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Termination of Agreement. In addition to any other remedy provided for by law, the City reserves the right to terminate this agreement in the event the encroachment negatively impacts or damages the City's easement and/or underlying utility systems or violates any condition of service adopted by the City, at its sole discretion, as may be necessary to prevent damage to the City's utility system, or any other public facility which may be impacted by the Owners' failure to properly use the easement. 8. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. -3of4- 9. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party has the authority to execute this Agreement and by such signature(s) thereby bind such parry. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this " day ofJ 20 % OWNER S By: By: STATE OF WASHINGTON COUNTY OF SNOHOMISH This day, personally appeare before me,j�� %- /2& 221111 to me known to be the erson who executed the within and foregoing document and that (he/she/they) C signed the same as (his/her/their) i ._ free and voluntary act and deed for thj. gses and purposes therein mentioned. �� ���tyia�y ON �'ag�,��®R&sS�gitt�t J i JJOJJJ; f. � ; � I •) � �++y���f ® No aryPublic i 150 p A 00 Typed or Printed Name >Jl��$,,§,Q���i���� ,Alc� My Commission expires: CITY OF EDMONDS E RING DIVISION -4of4-