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RIGHT-OF-ENTRY AGREEMENT <br /> REAL ESTATE MANAGER PROJECT: 2020 Gypsy Moth Eradication Monitoring <br /> 3200 CEDAR STREET <br /> EVERETT, WA 98201 <br /> nit <br /> This agreement made this 0` day of Lip_r/ , 2020, by and between the City of <br /> Everett, (hereinafter referred to as "Grantor" or "City") does hereby grant permission to the <br /> Washington State Department of Agriculture, its agents, representatives, and/or contractors <br /> (hereinafter referred to as "WSDA"), to enter upon certain lands owned by City to utilize as an <br /> observation point for monitoring its 2020 Gypsy Moth Eradication ("Moth Eradication"). The <br /> City-owned lands to which this right-of-entry agreement applies is commonly known 6300 <br /> Glenwood Avenue, lying south of the intersection of Sievers-Duecy Blvd. and Glenwood Avenue, <br /> and more specifically depicted on Exhibit A attached hereto. <br /> The City and WSDA by granting and accepting this right-of-entry agreement respectively, <br /> mutually covenant and agree as follows: <br /> 1. WSDA may only use the City lands for the purpose of conducting observation to <br /> monitor its Moth Eradication. <br /> 2. WSDA will make every reasonable effort to minimize disruption and inconvenience to <br /> City lands and shall coordinate with on-site city staff as needed. <br /> 3. This right-of-entry agreement shall automatically terminate upon the completion of <br /> the Moth Eradication or June 15, 2020, whichever comes first. <br /> 4. Except as otherwise provided in this paragraph, WSDA hereby agrees to defend and <br /> indemnify the City from any and all claims arising out of, in connection with, or incident to any <br /> acts, errors, omissions, or conduct by WSDA (its agents, representatives and/or contractors) <br /> relating to this Agreement. WSDA is obligated to defend and indemnify the City pursuant to this <br /> paragraph whether a claim is asserted directly against the City,or whether it is asserted indirectly <br /> against the City, e.g., a claim is asserted against someone else who then seeks contribution or <br /> indemnity from the City. WSDA's duty to defend and indemnify pursuant to this paragraph is not <br /> Right of Entry Agreement-WSDA Page 1 <br />