Interwest Construction Inc. 9/11/2020

TEMPORARY CONSTRUCTION EASEMENT Site Address: 2320 Railway Ave. City Parcel Nos. 29052100200900, 29052100300800, 00480100100100 This instrument is made the 21st day of August, 2020, between the CITY OF EVERETT, a municipal corporation, under the laws of the State of Washington (hereinafter referred to as "Grantor") and Interwest Construction Inc., (hereinafter referred to as "Grantee") for and in consideration of mutual benefits and other good and valuable consideration Grantor does hereby convey and grant to Grantee, the temporary right, privilege and easement over, under, upon and across the hereinafter referenced lands for the purpose of access and construction staging and construction activities under Permit# PW1809-013. The temporary rights herein granted shall terminate upon the completion of the work being performed under this agreement or on July 31, 2021,whichever occurs first. Said lands being situated in Snohomish County, State of Washington, Section 21 Township 29 Range 5 as shown on City of Everett Boundary Line Adjustment 05-015 recorded under Snohomish County Auditor File No. 200512230817 and Survey recorded under No. 200512235239. The temporary easement area lies within those areas depicted on Exhibit A, on the City- owned property identified herein. This easement is granted subject to the following terms and conditions which Grantee hereby promises to faithfully and fully observe and perform: 1. Use of Grantor's Property by Grantor: Grantee's rights herein shall at all times be subordinate to such rights of Grantor as are necessary to preserve and maintain the capabilities of the Grantor's property to be used for municipal functions and activities. 2. Grantee's Use and Activities: Grantee shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, interference with the use by Grantor of Grantor's property for