Mitigation Bank Services LLC 12/12/2023

November 7, 2023 3 2.2.2.3. Permit(s) Number(s) Date of Permit: Permit Agency Number Date of Issuance City of Everett REVl21-036 May 21, 2021 2.2.2.4. Project Name & Location: City of Everett Public Works Department “Beverly Lake Sewer Replacement Project 75th Street Connection 2.2.2.5. Brief Description of Impact(s) to be Compensated for by the Project Mitigation Credits: The project will permanently impact 1,692 sq/ft of wetland and fish and wildlife habitat conservation area buffer. 2.2.3. Disclosure. Buyer acknowledges and agrees that Credit Seller may, as part of the process for transferring the Project Mitigation Credits, disclose the information provided under Section 2.2.2 above to the permitting agency(ies) described in Section 2.2.2, the Snohomish County Auditor, and the Permitting Authorities. 2.3. Title/Risk of Loss 2.3.1. Conveyance. Upon receipt of payment Credit Seller shall convey to Buyer the Project Mitigation Credits, free of liens, encumbrances, restrictions, rights, and conditions, except as expressly provided for herein. Conveyance shall be in the form of a letter from the Credit Seller to the Buyer and Permitting Authorities notifying them that credits have been transferred from the banks to the Buyer for the permits and projects detailed in Section 2.2.2 2.3.2. Risk of Loss. Credit Seller shall bear the risk of loss of the Project Mitigation Credits prior to Closing. 2.4. Representations and Warranties Credit Seller represents and warrants to Buyer that: 2.4.1. Credit Seller is authorized by the SBMB and the SHMB to sell and transfer wetland and critical area mitigation credits for permits from those banks to the Buyer. 2.5. Closing 2.5.1. Closing and Closing Date. The closing of the purchase and sale of the Project Mitigation Credits (“Closing”) shall occur when the Credit Seller receives a cashiers check for the purchase amount, under the terms of this Agreement