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THIRD AMENDMENT TO <br />GRANT OF EASEMENT FOR EXISTING LANDFILL SYSTEMS AND RELATED UTILITIES <br />This Third Amendment to Grant of Easement for Existing Landfill Systems and Related Utilities <br />("Amendment") is dated as of September 2024, by Riverfront Commercial Investment, L L.C, <br />Riverfront Phase 1 LLC, Riverfront Phase 2 LLC, Riverfront Phase 3 LLC, Riverfront Phase 4 LLC, <br />Riverfront Grocer LLC, and Riverfront Theater LLC (collectively, `RCI Entities") and the City of Everett, <br />a municipal corporation of the State of Washington ("City") (each a "Party" and together the "Parties"). <br />This Amendment amends the Grant of Easement for Existing Landfill Systems and Related Utilities, <br />recorded under Snohomish County recording number 200805140923, as amended by Amendment No. 1 <br />and Amendment No. 2 to Grant of Easement for Existing Landfill Systems and Related Utilities, recorded <br />under Snohomish County recording numbers 202001090613 and 202207120592 (together, ` Agreement") <br />All capitalized terms used and not otherwise defined in this Amendment shall have the same meaning as in <br />the Agreement. <br />RECITALS <br />A. The RCI Entities own certain real property in the City of Everett, Washington, legally <br />described in Exhibit D attached hereto. The City is the owner of public rights of way known as Riverfront <br />Boulevard and 41 st Street, legally described and depicted in Exhibit H to the Agreement. <br />B As provided in Amendment No. 2, the parties intend to add to the Landfill Pad Easement <br />Area and the Landfill Pad LFG Easement as the LFG System expands. The purpose of this Amendment <br />No. 3 is to make such an addition. As additional phases of the LFG System are completed, the parties <br />anticipate similar additional amendments. <br />AMENDMENT TERMS <br />In consideration of the above recitals, the mutual promises and covenants contained herein, and <br />other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the <br />undersigned covenant, stipulate, and agree to the following* <br />1. Addition to Landfill Pad LFG Easement. The Agreement is amended by amending the first <br />paragraph of Section 2 of Amendment No. 2 to the Agreement as follows, with underlined italicized text <br />added: <br />The RCI Entities hereby grant to the City and their contractors, agents, and employees ("City <br />Representatives") a permanent, nonexclusive easement over, under, across, and through the strips <br />of land within the Landfill Pad twenty feet (20') wide having ten feet (10') of such width on each <br />side of the centerline of each of the components of the as -built LFG System in the approved as - <br />built drawings on file with the City as approximately shown in Exhibit E , which also designates <br />which portion of the LFG System are (A) "Perimeter LFG System.," (B) "Riverfront Boulevard/41 st <br />St LFG System" or (C) "Riverfront Boulevard LFG System" or (D) "Phase Addition" (all such <br />strips of land for (A), (B), .(C) and (D) collectively the "Landfill Pad Easement Area"; the portion <br />of the Landfill Pad Easement Area that contains all such strips of land for (A) and (B) collectively, <br />the "Perimeter Landfill Pad Easement Area") for the purpose of using, operating, maintaining, <br />inspecting and repairing (including replacement of pipe in the same location) the LFG System, all <br />as required by Ecology under the CAP/CD and as set forth in other agreements between the Parties, <br />together with rights of ingress and egress over and across the Landfill Pad for access to such LFG <br />System, and for no other purposes without the RCI Entities' prior written consent (the "Landfill <br />Pad LFG Easement"). For the purposes of clarity, the Parties agree that, if such centerline is less <br />Page 2 of 10 <br />