3214 BROADWAY BROADWAY KINECT APARTMENTS 2021-08-11

but will no longer be load-bearing, and the City may remove them at the City's sole discretion at any time. AGREEMENTS In consideration of the mutual promises set forth herein,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: 1. Grant of Temporary Tie-Back Easement. Grantor grants Grantee a temporary easement(the"Tie Back Easement")giving Grantee the right to the use of the Tie-Back Easement Area for shoring and other excavation-related uses related to the construction of the Project. For the purposes of this Agreement,any improvements constructed or installed in the Tie-Back Easement Area by Grantee are referred to as the "Tie-Back Easement Improvements." 2. Reservation of Grantor's Rights. This Agreement entitles Grantee to use Tie-Back Easement Area only for the purposes expressly described herein. Grantor reserves the right to enter upon and use the Tie-Back Easement Area established hereby for any purpose not inconsistent with Grantee's rights under this Agreement. 3. Easement Term/As-Builts. The term of the Tieback Easement shall begin ! f on the Project construction start date and shall terminate on December 31,2019.No later than such date, Grantee shall provide Grantor with drawings showing,with reasonable detail,the final locations of the Tie-Back Improvements in the Tie-Back Easement Area. 4. Protection of City Properties. Grantee acknowledges the importance of } } the City Properties,which include the alley between Lombard Avenue and Broadway Avenue,32nd Street and Broadway Avenue, a principal thoroughfare of the City of Everett. Protection of the public's right-of-way use of 32nd Street and Broadway Avenue is of paramount importance to Grantor in this Agreement. 4.1 All use of the Tie-Back Easement Area and all permissions granted under this Agreement shall be in a manner that does not interfere with the use by the Grantor and the public of the 32nd Street and Broadway Avenue rights-of-way. Grantee shall at its sole expense conform to all applicable laws,regulations,permits or requirements of any public authority affecting the use of the Tie-Back Easement Area. Upon request,Grantee shall deliver to Grantor copies of any such permits. 4.2 Grantee shall pay all costs of any protection,support or relocation of existing utilities deemed necessary by the owners of utilities affected by the Tie-Back Easement Improvements. Grantee is solely responsible for any damage to any utilities due Tie-Back Easement and Agreement / Page 2 1/