2024/10/30 Council Agenda Packet

with the laws of the State of Washington. The venue for any action to enforce or interpret this Easement shall lie in the Superior Court of Washington for Snohomish County, Washington. 11. Authority. Each party signing this Easement, if on behalf of an entity, represents that they have full authority to sign this Easement on behalf of such entity. 12. Relocation. At the request of Grantor, Grantee agrees to relocate its facilities at Grantee’s expense. Grantor agrees to make reasonable efforts to coordinate with the Grantee during the design and construction phases of any development in order to avoid or minimize relocation of Grantee’s facilities if possible. Grantor shall provide a new Easement Area at a location and of a size that are reasonably satisfactory to Grantee, and Grantor and Grantee shall execute an amendment to this Easement that reflects the new Easement Area for the relocated down-guy and anchor. If the Property is sold or title transferred from current Grantor(s) to any other person or entity, costs associated with any requested relocation of Grantee’s facilities by said person or entity shall be paid by said person or entity. 13. Grantee Acceptance. By recording this Easement, Grantee hereby accepts all provisions set forth under this agreement. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written OWNER(S): CITY OF EVERETT, a Washington municipal corporation By: Its: (REPRESENTATIVE ACKNOWLEDGMENT) State of County of I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that (he/she/they) (is/are) authorized to execute the instrument and acknowledged it as the of City of Everett to be the free and voluntary act for the uses and purposes mentioned in the instrument. . Given under my hand and official seal this day of , 20 . Signature of (Seal or Stamp) Notary Public Print Name: Residing at: _ My appointment expires