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7/8/2021 <br />Landmark Web Official Records Search <br />2(12107080970 Document:EASEMENT Rec: S225.00 Page-3 of 19 <br />Record Date:7/8/2021 3:34 PM Snohomish County, WA <br />4. The Shared Stormwater System will be owned, maintained, repaired, replaced, and operated <br />by RCI Parties, with a portion of the costs reimbursed by the City. The RCI Parties are granting <br />hereunder to the City an casement -for conveyance and treatment of stormwater through the <br />Shared Stormwater,wem to the Outfall System. The Shared Stormwater System is depicted <br />on the attached Exlrilait <br />5. The Outfall System is owned, operated, maintained, repaired, and replaced by the City. <br />E. The City's obligations provided zr3s"_.Agreement include operating; maintaining, repairing and <br />replacing the Blvd System and the Durfall.System. The RCI Parties shall operate, maintain, repair and <br />replace the Shared Stormwater System, "which benefits both the RCI "Property and Riverfront Blvd. <br />Accordingly, this Agreement provides fore sharing of costs for the Shared Stormwater System <br />between the RCI Parties and the City, incluci ,RCI Parties' right to reimbursement from the City for <br />costs incurred by the RCI Parties to operate,., n, repair, and replace the Shared Stormwater <br />System. _. <br />u,u � <br />F. The RCI Parties plan to develop the RCI PropertyVas1:mixed-use development (the "Development'). <br />Prior to conveying any part of the RCI Property to a lie. owner not affiliated with the RCI Parties, the <br />RCI Parties anticipate establishing the "Landfill Owners ztity" as defined and set forth in Section 13 <br />of the Landfill and Environmental Indemnification Agrment dated on or about April 30, 2008, <br />between the City and -the RCI Parties' predecessors m zn`i""or t (as amended, the "LEi14"). The RCI <br />Parties anticipate assigning their rights and obligations in this A ent to the Landfill Owners Entity. <br />G. The Parties are entering into this Agreement to address the Par4s-' ielative rights and responsibilities <br />for using, maintaining, repairing and replacing the stormwater sy serving the RCI Property and <br />Riverfrant Blvd. <br />AGREEMENTS <br />NOW, THEREFORE, in consideration of the covenants, terms and conditions set forth below, and <br />for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the <br />Parties agree as follows: <br />Easements <br />a. Easement for the Shared Stormwater System. The RCI Parties hereby grant and <br />convey to the City, for no additional consideration, the following easement <br />A non-exclusive perpetual easement for conveyance and treatment of storm -water <br />from the Blvd System through the Shared Stormwater System to the Outfall <br />System <br />b. Stormwater Easement to RCI Parties. The City hereby grants and conveys to the <br />RCI Parties, for no additional consideration, the following easement: <br />A non-exclusive perpetual easement for conveyance of stormwater from the RCI <br />Property through the Blvd System and the Outfall System for the benefit of the <br />RCI Property. <br />