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HomeMy WebLinkAbout1141355 - Charles Boyer - Contract ROW- AgreementAGREEMENT THIS AGREEMENT, made and entered into this 23td day of July , 1976 between Charles W. Boyer hereinafter referred to as PROPERTY OVINER(s) and the CITY OF PORT ORCHARD, hereinafter referred to as CITY; WHEREAS, the CITY is planning to construct a water transmission main through easements granted by the PROPERTY OlilNERSt WHEREAS, the construction of this water main will require that the temporary construction and the permanent easements be cleared and grubbed of all trees and vegetation prior to the installation of the pipe line facilities; NOW, THEREFORE, in considerat.ion of One Dollar and other premises, covenants, conditions, and performances contained herein the parties hereto agree as follows: 1. It is mutually agreed that after installatLon of the water main, the CITY will return the easements to their original ground surface profile as close as possibl-e and that the entire area will be seeded to grass but no trees or other vegetation will be replaced. 2. It is mutually agreed that after the water main has been installed and the area seeded, the CITY could maintain the permanent easement in a treeless condition. 3. It is mutually agreed that the PROPERTY OWNER(s) will not hold the CfTY responsible for any other restoratj-on not included in this agreement. 4. Tt is mutually agreed that the CITY will retain and dispose of all cleared and grubbed vegetative material. 5. It is mutually agreed that the PROPERTY OWNER(s) will notify the CITY of any construction or other activity that will take place in the vicinity of the pipeline facility L4 calendar days prior to beginning of the activity. It is mutually agreed that the PROPERTY O!VI'IER(s) conveys to the CITY the right to sign all Forest Practices Act Applications, Notifications and other documents necessary for construction within the easement and that the CITY can convey the responsibility for following the Department of Natural Resources Interim Forest Fractice Rules and Regulations to the CITYTS contractor. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the day and year first above written. 6