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98-097 - Highline School District #401 - Easement Agreement for Water Reservoir
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98-097 - Highline School District #401 - Easement Agreement for Water Reservoir
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Last modified
1/16/2013 8:45:57 AM
Creation date
10/4/2010 8:59:30 AM
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Interlocal Agreements
Contract No (example 17-139)
98-097
Contractor (example *sabey*)
Highline School District #401
Description (example *tourism*)
Easement for Water Reservoir
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default The defaulting party shall have 30 days from the date of <br />notice to cure a monetary default The defaulting party shall have <br />90 days from the date of notice to cure or initiate the necessary <br />proceedings to cure a non monetary default If the defaulting party <br />fails to cure the default or initiate the necessary proceedings to cure <br />a non monetary default within the specified time and diligently <br />prosecute such cure to completion, the non defaulting party may <br />terminate this Agreement. <br />13 Obligations on Termination. In the event this Agreement is terminated <br />pursuant to paragraphs 11, 12, or 15 the following obligations shall exist <br />13 1 Except in the situation where the termination is due to a default by <br />HSD, as defined in paragraph 12, the termination of this <br />Agreement shall not release HWD from any liability or obligation <br />arising under this Agreement prior to such termination <br />13.2. On termination of this Agreement for any reason, HWD shall not <br />be required to remove the Lid, or remove the Reservoir but shall <br />be required to leave the Easement Area in a safe and usable <br />condition in accordance with then existing engineering and safety <br />standards Under current engineering and safety standards it would <br />not be unreasonable for HWD to be required to fill the reservoir <br />with a material such as sand HSD shall provide prior written <br />approval of the plans and specifications for leaving the Easement <br />Area in a sate and usable condition, which approval shall not be <br />unreasonably withheld <br />14. Property Ownership On the termination of this Agreement all <br />structures, improvements and fixtures of any nature constructed or <br />installed by HWD on the Crestview Site shall, subject to HWD's <br />compliance with paragraph 13, become the property and responsibility <br />of HSD and shall not be removed by HWD Notwithstanding the <br />foregoing, removable trade fixtures may- be remo% ed by HWD from the <br />Crestview Site at the termination of this Agreement HWD shall repair <br />any damage caused by the removal If HWD fails to remove such trade <br />fixtures, HSD may, at HSD's option, deem the trade fixtures part of the <br />premises, or may remove and dispose of such fixtures at HWD s <br />expense <br />15 Hazardous Substances <br />15 1. Reservoir Site In the event HWD discovers any condition during <br />or after the excavation and construction of the Reservoir that <br />HWDK10 /14/98 8 <br />
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