91-162 - City of Seattle - Bow Lake Pipeline Right-of-Way #4 (Cedar River Pipeline)

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APR 06 '92 09 42 SWD /PROJ SUP -COMM REL P.3 Flood Protection Levee, cont. Page 2 July 24, 1991 x Tukwila agrees that Seattle shall not be liable for damage to said flood protection levee within said easement area, or for the reconstruction of said flood protection levee by reason of such work or operations beyond reasonable restoration of the levee to a condition equal to that existing prior to such work. 4. Except when an emergency exists, it is expressly understood and agreed that before any construction, reconstruction, replacement, enhancement, or substantial repair of said flood protection levee within the easement area is made by Tukwila or its agents, plans shall be supplied to Seattle Water Department for approval prior to the commencement of such work. Such plans shall indicate the permanent grade established, depth of cover over any existing pipelines and appurtenances, and schedule for actual construction. No such construction or improvements for flood protection levee purposes shall be undertaken without the prior written approval of Seattle's Superintendent of Water. Such approval shall not be unreasonably withheld and, in any event, Seattle shall respond within three (3) months of receipt of such plans. Forty -eight (48) hours' notice shall be given to Seattle Water Department, Transmissions Section at (206) 255 -2242, prior to the actual start of any construction or improvements. When an emergency exists, Tukwila shall notify Seattle of such work as promptly as is practicable. 5. Any altering, moving, adjusting or repairing of pipelines and /or other Seattle facilities required by the rights herein granted to Tukwila for said flood protection levee shall be performed by Seattle at no cost to Seattle. All such costs shall be reimbursed to Seattle by Tukwila. Enhancements or upgrades to Seattle facilities made in conjunction with such work shall be at Seattle's expense. 6. It is also understood and agreed that Tukwila, their contractors or agents, shall have the right to recover from the land above described such flood protection levee materials as may be deposited thereon resulting from any occurrence. 7. To the fullest extent permitted by law, Tukwila agrees for itself, its successors and assigns, to defend, indemnity and save harmless Seattle, its elective and appointed officials and employees from and against any and all claims, actions or damages of any kind or description, including the cost of defense thereof, which may accrue to or be suffered by any person, persons or property by reason of Tukwila's sole negligence or, if caused by Tukwila's concurrent negligence, limited to the extent of Tukwila's concurrent negligence in the use of said easement area or in the exercise of the rights and privileges granted under this easement. 8. This easement shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.