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

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with applicable requirements, statutes, regulations orders and regulations of any public authority having jurisdiction 3 4. During the term of this Agreement, HWD shall maintain and repair all structures, utilities, improvements and fixtures related to the operation of the Reservoir constructed or installed on the Crestview Site by HWD In the event HWD fails to make necessary repairs which creates a public safety hazard, HSD, after notice to HWD may, but shall not be required to, enter the premises and perform the necessary maintenance or repairs HSD may charge the cost of the repair to HWD Such charges shall be due and payable on the first day of the month after which HSD has billed HWD for the cost of the work. 3 5. Subject to the restrictions imposed by the Easements, following construction and landscaping of the Reservoir Lid in accordance with Paragraph 1.2.4, HSD shall be the owner of, and ha% e sole responsibility for the maintenance and repair of all landscaping improvements, irrigation systems, and nonreservoir structures improvements, and fixtures above the Reservoir 4 Governmental Approvals HWD shall be responsible for and shall secure all necessary governmental approvals and permits for the demolition of the school buildings, construction and operation of the Reservoir In the event any permits are subject to conditions affecting site ownership, HSD shall have approval rights ox er such conditions prior to the issuance of the permit 5 Utilities. HWD shall pay all charges for installation and use of gas, electricity, water, sewer and all other utilities used in the demolition of the school buildings, construction and operation of the Reservoir 6 Taxes The property is presently exempt from real property taxation In the event the property becomes subject to taxation during the term of this Agreement, HSD or its successor shall pay all tax assessment HWD shall reimburse HSD or its successor for any portion of the taxes directly attributable to the Reservoir 7 Environmental Provisions Except as provided in Paragraph of thi Agreement, HWD shall comply with applicable lay■,, t n\Ironn ent laws, orders and regulations of federal state count\ and municipal authorities, and with any directive issued pursuant to law by an public officer, which shall impose any order or duty upon HWD pertaining to the construction and operation of the Reservoir HWDK10 /14/98 -4-