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202107010535 Document: EASEMENT Rec: $119.50 Page-3 of 17
<br />Record Date:7/1/2021 12:23 PM Snohomish County, WA
<br />repairing, maintaining, improving, replacing and operating a public street and utilities with improvements
<br />including, but not limited to, water and sewer utility lines, landfill gas systems, public parking areas,
<br />pedestrian and/or bicycle pathways and vehicular traffic lanes, and (ii) complies with the requirements of
<br />Section 4 below. The parties acknowledge that some temporary disruption to the flow of traffic on
<br />Riverfront Blvd may be necessary in order for the RCI Parties to adequately maintain the Streetscape
<br />Improvements in accordance with his Agreement and any such disruption will be in accordance with
<br />applicable City permits, traffic control plans, and other requirements. The RCI Parties own the Streetscape
<br />Improvements and are, for as long as Riverfront Blvd is a public right-of-way, responsible at their sole cost
<br />and expense for inspecting, maintaining, repairing, and replacing the Streetscape Improvements in a clean,
<br />good and operable condition at all times, at no cost or expense to the City, all in accordance with the
<br />requirements of Section 4 below. This Agreement does not obligate the RCI Parties to maintain any
<br />landscaping, irrigation systems, or streetlights other than the Streetscape Improvements, and does not
<br />obligate RCI Parties to maintain the Riverfront Blvd roadway itself or any improvements installed therein
<br />by the City or any other party.
<br />2. Private Utilities Easement. The RCI Parties hereby reserve and grant to themselves a
<br />perpetual nonexclusive easement over, under, across, and upon Riverfront Blvd for the purpose of installing
<br />operating, inspecting, maintaining, repairing, and replacing the Private Utilities, so long as such operating,
<br />inspecting, maintaining, repairing, and replacing (i) does not unreasonably interfere with the City's use of
<br />Riverfront Blvd for the purpose of constructing, installing, repairing, maintaining improving, replacing and
<br />operating a public street and utilities with improvements including, but not limited to, water and sewer
<br />utility lines, landfill gas systems, public parking areas, pedestrian and/or bicycle pathways and vehicular
<br />traffic lanes, and (ii) complies with the requirements of Section 4 below. The parties acknowledge that
<br />some temporary disruption to the flow of traffic on Riverfront Blvd may be necessary in order for the RCI
<br />Parties to adequately maintain the Private Utilities in accordance with his Agreement and any such
<br />disruption will be in accordance with applicable City permits, traffic control plans, and other requirements.
<br />The RCI Parties own the Private Utilities and are responsible at their sole cost and expense for operating,
<br />inspecting, maintaining, repairing, and replacing the Private Utilities, at no cost or expense to the City, all
<br />in accordance with the requirements of Section 4 below. This Agreement does not obligate the RCI Parties
<br />to maintain any utilities other than the Private Utilities.
<br />3. Reserved.
<br />4. Standard of Performance. The RCI Parties shall perform any and all work pursuant to
<br />this Agreement, including, without limitation, the installation of any Private Utilities in the future, in a
<br />workmanlike manner, (i) after obtaining all required permits and authorizations, (ii) in accordance with all
<br />required permits and all applicable laws, including without limitation all applicable federal, state, and local
<br />laws, regulations, ordinances, codes, court and administrative orders and consent decrees; and (iii) free of
<br />all claims or liens upon any portion of Riverfront Blvd; such work shall take into account other existing
<br />utilities infrastructure in the proximity of such work. In the event any lien attaches to Riverfront Blvd as a
<br />result of any work or action or omission of the RCI Parties or their contractors, the RCI Parties shall pay to
<br />remove or bond over such lien within 30 days of its receipt of notice of such lien.
<br />5. Repair of Damage to City Property. Riverfront Blvd will remain a public right of way
<br />in accordance with applicable law, which provides vehicular access to the RCI Property. However, the RCI
<br />Parties shall promptly repair any damage to Riverfront Blvd or any other City property caused directly or
<br />indirectly by RCI Parties or their employees, agents, or contractors in performance of or failure to perform
<br />work pursuant to this Agreement, or in use of the easements granted hereunder; provided that the RCI
<br />Parties shall not be responsible for repairing any damages to Riverfront Blvd or City property caused
<br />directly or indirectly by the City, its employees, agents, invitees or contractors. Riverfront Blvd shall be
<br />repaired to at least as good of a condition as existed prior to such damage and in accordance with City and
<br />Page 3 of 17
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