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202411270367 Document:COVENANTS Rec: S310.50 Page-2 of 8 <br />Record Date:ll/27/2024 3:18 PM Snohomish County, WA <br />This Covenant will be filed and recorded in the official public land records of Snohomish <br />County, Washington, and shall constitute a restriction upon the use of the Property described <br />herein, subject to and in accordance with the terms of this Covenant. <br />The covenants contained herein are to be taken and construed as covenants running <br />with the land and shall pass to and be binding upon the Grantor, its successors and assigns, heirs, <br />grantees, and lessees of the Property, beginning on the date of recording of this Covenant. Each <br />and every contract, deed, or other instrument covering or conveying Grantor's interest in the <br />Property, or any portion thereof, shall be conclusively held to have been executed, delivered, <br />and accepted subject to such covenants, regardless of whether such covenants are set forth in <br />such contract, deed, or other instrument. <br />NOW, THEREFORE, it is hereby covenanted as follows: <br />1. From the date of the recording of this Covenant and continuing until December 31, 2051, <br />the Grantor shall operate the Property as emergency bridge housing in accordance with <br />Exhibit 2 attached hereto. Failure to operate the Property as emergency bridge housing in <br />accordance with Exhibit 2 is a breach of this Covenant. <br />2. Grantor will make annual certifications to the City (or County, if the County so requests) in <br />such form and on such date as the City or County may require, and with such accompanying <br />documentation as the City or County may require, that it is in compliance with this <br />Covenant. <br />3. Grantor hereby irrevocably grants an easement in gross to the City and the County and their <br />agents and employees, for the duration of this Covenant, to enter the Property at any time <br />on reasonable notice to inspect the condition of the Property, to verify other matters <br />relevant to this Covenant or to this Agreement, or to inspect and copy any documents <br />maintained by Grantor or its agents relevant to this Covenant. <br />4. If a violation of one or more of the foregoing covenants occurs, and such occurrence remains <br />uncorrected for a period of thirty (30) days or more after Grantor's receipt of written notice <br />of such violation from the City or County, the City or County may institute and prosecute <br />any proceedings at law or in equity to abate, prevent, or enjoin any such violation, to compel <br />specific performance of this Covenant, and/or to recover monetary damages, restitution, <br />and costs and attorneys' fees incurred in enforcing this Covenant. No delay in enforcing the <br />provisions hereof as to any violation shall impair, damage, or waive the right of the City or <br />the County to obtain relief against or recovery for the continuation or repetition of such <br />violation or any similar violation at any later time. <br />5. Nothing in this Covenant shall be construed to impose on the City or County any obligation <br />or liability not expressly provided herein. This Covenant is not intended to create any duty <br />on the part of the City or County to any tenant or occupant of the Property, nor to confer <br />on any tenant or occupant of the Property or any other person any right or claim against the <br />Covenant Page 2 <br />