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202011191344 Document:ACMT Rec: S207.00 Page-2 of 11 <br /> Record Date:11/19/2020 3:44 PM Snohomish County,WA <br /> County recording number 200708280790 and is referred to herein as the "Existing City <br /> Easement." The easement area of the Existing City Easement is legally described and <br /> depicted in Exhibits A and B to the Existing City Easement, and legally described on <br /> Exhibit A attached hereto. <br /> C. As of the date of this Agreement,certain PSE natural gas lines encroach upon <br /> portions of the easement area of the exclusive Existing City Easement. These currently <br /> existing natural gas lines are referred to herein as the"PSE Lines." <br /> D. The Owner desires to grant PSE an easement for the PSE Lines located on the <br /> portion of the Property legally described as the west ten(10)feet of the Property(the"New <br /> PSE Easement"). However, since portions of such an easement would be within the <br /> easement area of the exclusive Existing City Easement, the Owner and PSE have requested <br /> that the City formally consent to the Owner's grant of such an easement to PSE. The City <br /> is willing to provide such consent, subject to the terms and conditions hereunder. <br /> AGREEMENT <br /> The Owner,PSE,and City agree as follows: <br /> 1. Subject to Sections 2, 3, and 4 below, the City hereby consents to the Owner <br /> granting the New PSE Easement to PSE for the operation and maintenance of the PSE Lines <br /> in the locations marked as"Consent Areas"in Exhibit B attached hereto. This consent does <br /> not extend to any infrastructure other than the currently existing PSE Lines. The City <br /> acknowledges that the currently existing PSE Lines have not as of the date of this Agreement <br /> interfered with the City's easement rights under the Existing City Easement;the Owner and <br /> PSE acknowledge that the PSE Lines may interfere after the date of this Agreement with the <br /> City's maintenance and operation of City water lines located in the Consent Areas or may <br /> interfere with other City uses of the Consent Areas under the Existing City Easement, in <br /> which cases all such interference shall be determined and resolved in accordance with <br /> Sections 2,3, and 4 below. <br /> 2. In the event the that the PSE Lines or the PSE's use of its rights under the New <br /> PSE Easement is determined by the City in the City's sole and absolute discretion to interfere <br /> with the City's rights under the Existing City Easement or the City's use of the Existing City <br /> Easement, then the City will deliver written notice thereof to the Owner at the following <br /> address: <br /> IBA/PPF Industrial Associated/West Valley,LLC <br /> do LBA Realty <br /> 3347 Michelson Drive,Suite 200 <br /> Irvine,California 92612 <br /> 3. Upon delivery of such notice, the Owner shall convene a meeting between <br /> representatives of the City, PSE, and the Owner to determine if the City-detennin` .ed <br /> interference can be mitigated in a manner acceptable to the City in the City's sole and <br /> 2 <br />