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After recording mail to: <br />Real Property Manager <br />Real Property Department <br />City of Everett <br />3200 Cedar Street <br />Everett, WA 98012 <br />IA IYIY IIIII IIINI I16 �I IIIINIAII <br />���'��dE�Nw�i�� <br />GRANTOR: CITY OF EVERETT TBI }IC W I Pr v <br />GRANTEE: RIVERVIEW I LLC <br />ASSESSORS PARCEL NO: Property is public right-of-way and has no parcel #. <br />RIGHT OF WAY USE PERMIT AND AGREEMENT <br />This Right of Way Permit and Agreement (this "Agreement" or this "Permit") is made <br />the day of SFPmm6gK, , 2019, between the CITY OF EVERETT, a municipal <br />corporation, under the laws of the State of Washington (hereinafter referred to as <br />"Grantor") and RIVERVIEW I LLC, a Washington limited liability company (hereinafter <br />referred to as "Grantee") for and in consideration of mutual benefits and other good <br />and valuable consideration Grantor does hereby grant to Grantee a non-exclusive <br />permit for the purpose of constructing, operating, maintaining and eventually removing <br />and decommissioning a soil and groundwater remediation system ("System") that will <br />be installed under and across a public right-of-way situated in Snohomish County, State <br />of Washington, as described on Exhibit A attached hereto ("Right of Way") in that <br />specific area described on Exhibit B attached hereto ("Permit Area").This permit is <br />granted subject to the following terms and conditions which Grantee hereby promises <br />to faithfully and fully observe and perform: <br />1. Use of Grantor's Right of Way by Grantor: <br />Grantee's rights herein shall at all times be subordinate to such rights of Grantor as <br />are necessary to preserve and maintain the capabilities of the Grantor and the public <br />to use the Right of Way for any use as determined by the Grantor to be in the <br />public's interest, and nothing herein contained shall prevent or preclude the Grantor <br />from undertaking the construction, reconstruction, installation, operation <br />maintenance or repair, and use of any improvements or other utilities within the <br />Right of Way (subject to reasonable advance notification to Grantee). <br />2. Grantee's Use and Activities: <br />Grantee shall exercise its rights under this Agreement so as to minimize and avoid, <br />insofar as possible, interference with the use by Grantor and the public of the Right- <br />