1622 E MARINE VIEW DR WHOLE SITE 2022-02-01

E. Some of the activities that Riverview proposes as part of the Cleanup include the construction of an approximately 30 feet tall soldier pile retaining wall that will extend into the City Property (the "Retaining Wall"). Concurrently with this Covenant, the City is granting Riverview a right of way permit for this retaining wall under a separately recorded document (the "ROW Use Permit"). COVENANT AND AGREEMENT The City and Riverview covenant and agree as follows: 1. Right of Entry_ The City grants permission to Riverview and its agents, employees, contractors, consultants and representatives to enter onto the City Property for the purpose of performing the Cleanup of the City Property, including surveys, a structural strength analysis, subsurface boring tests, an environmental site assessment, soil excavation and backfilling, installation of a soil and groundwater remediation system, performance of regular sampling and monitoring, and other necessary Cleanup activities, all at the sole cost of Riverview. In addition, Riverview may remove samples of soil and groundwater from the City Property. Riverview shall be solely responsible for the actions of its Cleanup employees and contractors and agents. Riverview shall be solely responsible for ensuring the safety of the public and all third parties on the City Property and adjacent East: Marine View Drive while conducting Cleanup on the City Property, including but not limited to appropriate traffic control, signage, barriers, lighting and other measures, including any recommended by the City to ensure safety during performance of such work. 2. Protection of City Prc►perty. Riverview acknowledges the importance of the City Property and East Marine View Drive, which is a principal thoroughfare of the City of Everett. Protection of right-of-way use of East Marine View Drive is of paramount importance to the City. 2.1 All use of the City Property, including without limitation Cleanup use, and all permissions granted under this Covenant shall be in a manner that does not interfere with the use by the City and the public of East Marine View Drive right-of-way. Riverview shall at its sole expense conform to all applicable laws, regulations, permits or requirements of any public authority. -Upon request, Riverview shall deliver to City copies of any such permits. 2.2 Riverview shall pay all costs of any protection, support or relocation of existing utilities deemed necessary by the City or by owners of utilities affected by the Cleanup activities. Riverview is solely responsible for any damage to any utilities due to the Riverview's, its contractor's, or its agent's Cleanup activities or any other construction, repair, reconstruction, maintenance, removal or operation.