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A non-exclusive perpetual Access Easement across, along, in, upon and under <br />Grantor's property described below for the purpose of ingress and egress for the <br />City ("Access Easement"). <br />The Access Easement is over and across a portion of land situated in the County of Snohomish, <br />State of Washington, and legally described on the attached Exhibit "A"; and the Access Easement <br />area is generally described and depicted in Exhibit "B" attached hereto and incorporated herein by <br />reference (the "Easement Area"). Grantor and City agree that the Easement Area is intended to be <br />the drive aisles after completion of construction; and that after the completion of construction of <br />the drive aisles, Grantor may record an amendment to this Agreement solely for the purpose of <br />updating the legal description and depiction of the Easement Area to be the as -built drive aisles. <br />Such amendment shall not require the signature of the City to be effective. <br />This Agreement is granted subject to and conditioned upon the following terms, conditions <br />and covenants which both Grantor and City hereby promise to faithfully and fully observe and <br />perform: <br />1. Grantor shall at all times conduct its activities and all other activities conducted on <br />Grantor's property so as not to interfere with, obstruct or endanger the City's use of the Access <br />Easement provided, however, that Grantor shall have the right from time to time to temporarily <br />close the Easement Area for the purpose of performing maintenance and repairs, such as <br />resurfacing. <br />2. Other than routine maintenance and repair, prior to any construction or work or any <br />alterations by Grantor that will affect the City's use of the Easement Area, notification and plans <br />for the same shall be submitted in writing to the City by Grantor. No such construction, work or <br />alteration by Grantor shall be commenced unless the Grantor can demonstrate to the satisfaction <br />of the City Engineer that such construction, work or activity does not and will not interfere with <br />the City's Access Easement rights and has obtained the City Engineer's prior written approval, <br />which approval shall not be unreasonably withheld, delayed, or conditioned. PROVIDED, <br />104889618.6 0073013-00042 <br />