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CITY <br /> SETTLEMENT AGREEMENT AND SITE RELEASE <br /> This SETTLEMENT AGREEMENT AND SITE RELEASE ("Agreement") is entered <br /> into (as of the Execution Date, as hereinafter defined) and effective (as of the Effective Date, as <br /> hereinafter defined) by and between: (i) City of Everett ("City") (on behalf of the "City <br /> Releasees" as hereinafter defined); and (ii) Safety National Casualty Corporation (on behalf of <br /> the"Safety National Releasees" as hereinafter defined). <br /> I. RECITALS <br /> WHEREAS, the City of Everett is the owner and/or operator of property located at 2731 <br /> 36th St., Everett, WA, consisting of three tax parcels identified as follows: Parcel <br /> 2905290040100 (a 1.39 acre parcel owned by the City of Everett); Parcel 29052900400800 (a <br /> 0.55 acre portion of the 36th Street right-of-way); and the 1.50-acre Parcel 2905290040150. <br /> These three tax parcels, generally addressed at 2731 36th St., Everett, WA, potentially include <br /> properties addressed or otherwise referred to as "2815 36th Street SE", and "2931 36th Street," <br /> and are collectively referred to herein as the "GTS Site." The GTS Site has allegedly been <br /> contaminated with various hazardous substances that are recognized to come within the <br /> substantive requirements of the Model Toxics Control Act, RCW 70.105D.080 et seq.; <br /> WHEREAS, as a result of the alleged Environmental Contamination (as hereinafter <br /> defined) at and around the GTS Site (as hereinafter defined), the City of Everett allegedly has <br /> incurred and allegedly will continue to incur environmental investigation and remediation costs <br /> and other costs; <br /> WHEREAS, in or around October 2009, the City of Everett submitted an application for <br /> inclusion of the GTS Site in the Voluntary Cleanup Program of the Washington Department of <br /> Ecology ("Ecology") with respect to alleged pollution at the GTS Site; and by letter dated June <br /> Settlement Agreement and Site Release <br /> Page—1 <br /> 2625918/1470.0003 <br />