WA Dept of Natural Resources 10/19/2020

To State: DEPARTMENT OF NATURAL RESOURCES Northwest Region 919 North Township Street Sedro-Woolley, WA 98284 360-856-3500 To Grantee: City of Everett,Real Property and/or Watershed Manager 3200 Cedar Street Everett, WA 98201 425-257-8700 Recording. Grantee shall record this Easement in the county in which the Easement Property is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. Advance by State. If State advances or pays any cost or expense for or on behalf of Grantee, Grantee shall reimburse State the amount paid and shall pay interest on such amount at the rate of one percent(1%)per month until paid. Lien. Any amount due from but not paid by Grantee as required under this Easement within thirty (30) days of demand shall be a lien upon the Benefited Parcel. Grantee hereby authorizes State to file a notice of lien with the county auditor and to foreclose such lien as a mortgage. Noncompliance. State shall notify the Grantee of any instance of noncompliance by the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or peirnittees with any of the terms and conditions hereof. Such notice will specifically identify the manner of noncompliance herewith. In the event the Grantee does not undertake, or cause to be undertaken, remedial action within fifteen(15) days following receipt of said notice, State, acting by and through its Region Manager at Sedro-Woolley, Washington,may suspend the Grantee's operations until such time as effective remedial action is taken. This suspension right is exclusive to the State; the State's successors-in-interest do not have the suspension right. In the event of Grantee non-compliance, such successors-in-interest may seek remedies in Snohomish County Superior Court. Commercial Easement Page 9 of 17 Easement No.50-098899