3800 RIVERFRONT BLVD 2025-07-23 - Laserfiche WebLink

202107010535 Document: EASEMENT Rec: S119.50 Page-7 of 17 Record Date:7/1/2021 12:23 PM Snohomish County, WA City: Real Property Manager City of Everett 3200 Cedar Street Everett, WA 98201 With a copy to: City Attorney City of Everett 2930 Wetmore Ave, Suite I0-C Everett, WA 98201 15. Further Assurance. The Parties each agree to promptly and diligently, in accordance with the City's usual processes, cooperate with one another and execute and deliver such additional documents and obtain such permits, authorizations, approvals, easements or other similar assurances as may be required to effectuate the purposes of this Agreement. 16. Recitals and Exhibits Incorporated. The Recitals set forth above and all attached Exhibits are incorporated into this Agreement. 17. Runs with the Land. The covenants, conditions, easements, rights, obligations and other terms of this Agreement are intended to and shall run with the land and shall be binding upon the City, the RCI Parties, and all persons purchasing, leasing, subleasing, or otherwise occupying any portion of the RCI Property and Riverfront Blvd, and their heirs, executors, administrators, successors, grantees, and assigns. 18. Amendment and Term. This Agreement may be changed, modified, or amended in whole or in part only by a recorded agreement executed by Parties, provided that the RCI Parties may unilaterally terminate any easements created herein if they are intended to solely benefit the RCI Property. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 20. No Merger. This Agreement shall be fully applicable to the RCI Property shall not merge with fee title to the benefited and burdened properties notwithstanding that the fee title to the benefited and burdened properties may now or in. the future be held by the same person(s) or entity(ies). 21. Nonwaiver of Breach. The waiver by a Party or Parties of a breach of any provision of this Agreement by the other Party or Parties will not operate or be construed as a waiver of any subsequent breach by that Party or Parties. 22. Attorney Fees. In the event that either Party to this Agreement shall commence litigation against the other in order to require performance of any term or to redress any breach thereof, the substantially prevailing Party in any such litigation shall be entitled to recover its costs and reasonable attorney's fees, including on appeal. 23. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the invalidity or unenforceability of that portion will not affect any other portion of this Agreement and the remaining portions of this Agreement will remain in full force and effect. Page 7 of 17