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12 <br />access roads as "Common Areas" from the operation and governing provisions of the recorded <br />2012 Declaration. The amendment will also state, in a form reasonably acceptable to the City, <br />that (a) the City is not a party to the 2012 Declaration and that the City will not have obligations <br />under the 2012 Declaration and (b) that the all Owners (as such term is defined in the 2012 <br />Declaration) on behalf of themselves and their successors -in -interest irrevocably consent to the <br />stormwater utility surcharge set forth in Section 4.5.2 above. It is understood and acknowledged, <br />however, by the Port and the City, that all landscaping, signage, street lights, and irrigation <br />facilities shall remain the responsibility of the Port and subject to the terms and provisions of the <br />recorded 2012 Declaration. It further understood that the City does not believe that the consent <br />described in (b) above is necessary for the future imposition of the surcharge as the surcharge is <br />within the City's municipal utility authority; instead, the purpose of the consent in (b) is to <br />provide notice of the City's future intentions and receive consent, for the purpose of avoiding <br />later disputes. <br />10. Cymbaluk Property Declaration of Covenants and Easements. <br />10.1 Cvmbaluk Declaration. On February 22, 2010, there was recorded with <br />the Snohomish County Auditor under AFN 201002220179, Declaration of Covenants and <br />Easements [With Common Area Charges], with respect to the uplands area of the Riverside <br />Business Park ("Cymbaluk Declaration"). This recorded Declaration was consented to by the <br />Marshall & Katherine Cymbaluk Family, LLC ("Cymbaluk"), the owner of record of Parcel B of <br />the City of Everett Boundary Line Adjustment No. 08-002, recorded under Snohomish County <br />AFN 200804035003. <br />10.2 Cvmbaluk Declaration Common Areas & Drainaze Line Easements. <br />The City acknowledges that some of the obligations of Cymbaluk under the Cymbaluk <br />Declaration with respect to Common Areas (as defined in the Cymbulak Declaration) will be <br />duplicative of obligations that the City is assuming under this Agreement and the easements and <br />documents required hereunder. Accordingly, the City acknowledges and accepts that the Port <br />and Cymbaluk may amend the Cymbaluk Declaration to lessen or clarify Cymbaluk's Common <br />Area obligations and thereby eliminate this duplication. <br />10.3 Stormwater & Sewer Infrastructure Easement (Cvmbaluk). The Port <br />shall cause to be delivered to the City, by Cymbaluk, a utility easement fully executed by <br />Cymbaluk in the form and substance attached hereto as Exhibit "16". Note: within Exhibit 16 <br />at Section 6.0 are two bracketed options, which concern the stonnwater pump station and <br />associated pipelines that convey drainage to the detention pond on the Property. Exhibit 16 may <br />be executed with either of these two options. <br />10.4 Amendment to Cymbaluk Declaration. The Port will cause to be <br />recorded a fully executed amendment to this recorded Cymbaluk Declaration, in a form <br />reasonably acceptable to the City, which will amend the Cymbaluk Declaration to state that (a) <br />the City is not a party to the Cymbaluk Declaration and the City will not have obligations under <br />the Cymbaluk Declaration and (b) the owner of Parcel B irrevocably consents to the stormwater <br />utility surcharge set forth in Section 4.5.2 above. It is understood that the amendment may <br />contain the amendments described in Section 10.2 above. It further understood that the City <br />7 014 <br />