98-097 - Highline School District #401 - Easement Agreement for Water Reservoir

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the Demolition Site or are reasonably suspected to exist thereon (for example, some asbestos containing materials ACM are known to exist, and some are reasonably suspected to exist within the buildings located on the Demolition Site, but the exact amount of such ACM's has not been identified or fully quantified) The parties acknowledge that HWD shall be responsible for the remediation, removal and cleanup of such Hazardous Substances, known or reasonably suspected, even though the exact amount thereof may not be known as of the date of this Agreement, and HWD acknowledges that the reasonably suspected presence of Hazardous Substances has been taken into account in preparing the demolition plan identified in Exhibit D The responsibility of HSD with respect to Hazardous Substances existing on the Demolition Site shall only extend to those Hazardous Substances that are (a) not identified in the Environmental Reports as either known to exist or reasonably suspected to exist, and (b) first discovered during the demolition and excavation on the Demolition Site 15 3 The term "Hazardous Substances shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste toxic substance pollutant, or contaminate under any federal, state or local law, regulation or ordinance governing any substance that could cause actual or suspected harm to human health or the environment 16. Inspection. HSD shall have the right to enter the Easement Area at any reasonable hour to inspect for compliance with the terms of this Agreement HSD shall provide HWD ith notice of the inspection at least one day prior to making the inspection Inspections shall not interfere with construction, operation and maintenance of the Reservoir 17 Assignment HWD may only assign or sell its interests under this Easement Agreement ■ti ith the express ■A ritten consent of HSD hich consent shall not be unreasonably I, ithheld 18. Merger, Consolidation, Take Over In the event of the merger consolidation or take over of either HWD or HSD with or by another municipal corporation, this Easement Agreement shall remain in Lull force and effect and shall bind the successor municipal corporation 19 Notices Any notice required to be gi\ en to HSD shall be in writing and shall be personally delivered or sent certified mail return receipt requested, to Assistant Superintendent of Support Services at the HWDK10 /14/98 10-