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CITY <br /> Everett,WA <br /> 4020 Colby <br /> L/C:46-0194 <br /> THIS DOCUMENT IS NOT TO BE RECORDED FOR ANYPURPOSE <br /> TEMPORARY CONSTRUCTION EASEMENT <br /> AND GRANTEE'S WORK AGREEMENT <br /> This Temporary Construction Easement and Grantee's Work Agreement ("Agreement") <br /> is dated as of the 1 24'`- day of��e�; 2019, and is made by and between MCDONALD'S <br /> CORPORATION, a Delaware corpora ion (the "Grantor") and CITY OF EVERETT, a <br /> municipal corporation under the laws of the State of Washington (the "Grantee"). <br /> RECITALS <br /> A. Grantor is the tenant of the improved property legally described on Exhibit A attached <br /> (Grantor's Property"). <br /> B. Grantee acknowledges that Grantor is the owner of existing improvements located on <br /> Grantor's Property. <br /> C. Grantee has requested and Grantor has agreed to grant and convey a temporary <br /> construction easement upon, over, and across portions of Grantor's Property, as depicted by <br /> the hatched areas on Exhibit B attached (known as the "Construction Easement Area") for <br /> the purpose of performing Grantee's Work as more specifically defined in Section 3 of this <br /> Agreement. <br /> Now, therefore, in consideration of the mutual covenants set forth in this Agreement, and <br /> other valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor <br /> and Grantee agree as follows: <br /> 1. Recitals. The Recitals above are incorporated by this reference as agreements of the <br /> parties, binding as a part of this Agreement as if fully set forth in this Section 1. <br /> 2. Grant of Temporary Construction Easement. Grantor grants and conveys to Grantee <br /> a non-exclusive temporary construction easement(the"Temporary Construction Easement"), <br /> subject to matters of record and that a survey would reveal, upon, over, and across the <br /> Construction Easement Area for the purpose of performing Grantee's Work. <br /> 3. Grantee's Work. Grantee will use the Temporary Construction Easement Area for the <br /> staging and storage of Grantee's construction equipment during Grantee's Pedestrian and <br /> Bicycle Program 41st Improvement Project, a public project in the area hatched and outlined <br /> in black on Exhibit B,to place equipment in and/or remove equipment from,the area hatched <br /> and outlined in black on Exhibit B and to enclose the Temporary Construction Easement <br /> Area with a temporary fence, including any restoration work required to be performed by <br /> Grantee pursuant to Section 6f(collectively, "Grantee's Work"). <br /> Document#1746709v3 <br /> - 1 - <br />