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After recording mail to: III 01 III Ill L I II I ill H Ilil 111111!11!! <br /> Real Property Manager 01010914 <br /> 114 PGS <br /> 10118/2019 116.50 <br /> Real Property Department SNOHOMISH COUNTY, W SHINGTON <br /> City of Everett <br /> 3200 Cedar Street <br /> Everett, WA 98012 [) <br /> , E© <br /> OCT 292019 <br /> GRANTOR: CITY OF EVERETT <br /> PUBLIC V r O* yr <br /> GRANTEE: RIVERVIEW I LLC <br /> ASSESSORS PARCEL NO: Property is public right-of-way and has no parcel#. <br /> RIGHT OF WAY USE PERMIT AND AGREEMENT <br /> This Right of Way Permit and Agreement (this "Agreement" or this "Permit") is made <br /> the 4" day of S€JVIl3A2, , 2019, between the CITY OF EVERETT, a municipal <br /> corporation, under the laws of the State of Washington (hereinafter referred to as <br /> "Grantor") and RIVERVIEW I LLC, a Washington limited liability company (hereinafter <br /> referred to as "Grantee") for and in consideration of mutual benefits and other good <br /> and valuable consideration Grantor does hereby grant to Grantee a non-exclusive <br /> permit for the purpose of constructing, operating, maintaining and eventually removing <br /> and decommissioning a soil and groundwater remediation system ("System") that will <br /> be installed under and across a public right-of-way situated in Snohomish County, State <br /> of Washington, as described on Exhibit A attached hereto ("Right of Way") in that <br /> specific area described on Exhibit B attached hereto ("Permit Area").This permit is <br /> granted subject to the following terms and conditions which Grantee hereby promises <br /> to faithfully and fully observe and perform: <br /> 1. Use of Grantor's Right of Way by Grantor: <br /> Grantee's rights herein shall at all times be subordinate to such rights of Grantor as <br /> are necessary to preserve and maintain the capabilities of the Grantor and the public <br /> to use the Right of Way for any use as determined by the Grantor to be in the <br /> public's interest, and nothing herein contained shall prevent or preclude the Grantor <br /> from undertaking the construction, reconstruction, installation, operation <br /> maintenance or repair, and use of any improvements or other utilities within the <br /> Right of Way(subject to reasonable advance notification to Grantee). <br /> 2. Grantee's Use and Activities: <br /> Grantee shall exercise its rights under this Agreement so as to minimize and avoid, <br /> insofar as possible, interference with the use by Grantor and the public of the Right- <br />