|
employ its own counsel in any case or action and be given the exclusive management of
<br />the defense thereof.
<br />The Grantee does hereby agree to repair any damage to the streets and roads over
<br />which it holds a franchise, and all other City improvements caused by the failure of the
<br />Grantee's work during the life of this franchise.
<br />Failure on the part of the Grantee to promptly repair the damaged work, upon
<br />notice from the City of Tukwila to do so, shall be warrant for the City to make
<br />necessary repairs and charge same to Grantee.
<br />Acceptance of the work by the City at the time of completion shall be no defense
<br />for avoidance of this covenant.
<br />Section 9. The laying, construction, maintenance and operation of said Grantee
<br />system of water pipe, laterals, service pipe, etc., granted under this franchise shall not
<br />preclude the City of Tukwila, its accredited agents or its contractors from blasting,
<br />grading or doing other necessary maintenance work contiguous to the said Grantee
<br />pipelines, providing that the Grantee shall have sufficient notice to said blasting or
<br />excavating in order that said Grantee may protect its lines of pipe and property.
<br />Section 10. If, at any time the City of Tukwila, deeming it advisable to improve
<br />any of its streets, avenues, alleys, road or public places as hereinbefore designated, by
<br />grading or regrading, or paving same, or altering, changing, repairing or re- improving
<br />same, the Grantee, upon written notice by the City of Tukwila, shall, at its own
<br />expense, immediately so raise, lower or move its line of pipes to conform to such new
<br />grades as may be established, or place said pipe in such location or position as shall
<br />cause the least interference with any improvements or work thereon as contemplated
<br />by the City of Tukwila, and said City shall in no way be held liable for any damages to
<br />said Grantee that may occur by reason of the City's improvements, repairs or
<br />maintenance, or by the exercise of any rights so reserved in this section or grant. If the
<br />City of Tukwila improves streets, avenues, alleys, roads or public places, Grantee shall
<br />on written notice by the City of Tukwila, at its own expense, replace such pipe or pipes
<br />as may be in or through the improved subgrade of such improvement with pipe or
<br />pipes of such materials as shall conform to the specifications for the improvement of
<br />such streets, avenues, alleys, road or public places.
<br />Section 11. Before any work is performed under this franchise the Grantee shall
<br />reference all property corners, monuments and markers of every nature relating to
<br />subdivisions, plats, highways, and all other surveys. The reference points shall be so
<br />located that they will not be disturbed during the Grantee's operations under this
<br />franchise. The method of referencing these monuments or other points to be referenced
<br />shall be approved by the City of Tukwila before placement. The replacement of all
<br />such monuments or markers disturbed during construction shall be made as
<br />expeditiously as conditions permit, and as directed by the City of Tukwila. The cost of
<br />monuments or other markers lost, destroyed or disturbed, and the expense of
<br />replacement by approved monuments, shall be borne by the Grantee.
<br />A complete set of reference notes for monument and other ties shall be filed with
<br />the City of Tukwila.
<br />Section 12. This grant or privilege shall not be deemed nor held to be an
<br />exclusive franchise. It shall in no manner prohibit the City of Tukwila from granting
<br />other franchises of a like nature or franchises for other public or private utilities over,
<br />along, across, under and upon any of the streets, avenues, roads, boulevards, and
<br />alleys, or public places and shall not in any way prevent nor prohibit the City of
<br />Tukwila from using any of said streets, roads, etc., or affect its jurisdiction over them or
<br />any part of them with full power to make all necessary changes, relocation's, repairs,
<br />maintenance, etc., of same as they may deem fit.
<br />Section 13. All the provisions, conditions, regulations and requirements herein
<br />contained shall be binding upon the successors and assigns of the Grantee and all
<br />privileges of Grantee shall inure to itself, its successors and assigns equally as if they
<br />were specifically mentioned whenever the Grantee is mentioned. If within the term of
<br />the franchise granted hereunder the Grantee ceases to do business or is acquired by any
<br />one or more other jurisdictions, the City of Tukwila reserves the right to acquire, in fee
<br />simple, absolutely, the water distribution system and appurtenances thereto installed
<br />or operated by the Grantee pursuant to this franchise, including easements and other
<br />WD2OFRAN.DOC 8/25/95 3
<br />
|