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7 /5/2021
<br />Landmark Web Official Records Search
<br />202107080970 Document:EASEMENT Rec: S225.00 Page-4 of 1.9
<br />Record Date.7/8/2021 3:34 PM Snohomish County, WA
<br />2. Stormwater Systems that are Not Shared Costs. The RCI Parties shall be responsible
<br />for maintaining, repairing and replacing the West RCI Property System at their sole cost and expense.
<br />The RCI Parties shalibe responsible for designing, installing, maintaining, repairing and -replacing the
<br />East RCI Property System at their pole cost and expense. The City shall be responsible for maintaining,
<br />repairing and replacing the Blvdyezn and the OutfaII System at its sole cost and expense.
<br />3. Shared Stormwaterystear.
<br />a Shared Stormwater=aygem. Except as otherwise provided in this Agreement, the
<br />Shared Stormwater System as shown in Exbilt`C shall remain on the RCI Property for as long as
<br />stormwater conveyance and treatment are need for the RCI Property and Riverfront Blvd. Except as
<br />otherwise provided in this Agreement, the RCS Pard es shall be responsible for maintaining, repairing and
<br />replacing the Shared Stormwater System, with hreimbursement from the City as set forth in Section 4
<br />below, and shall perform such maintenance in accordance with the Riverfront Boulevard Stormwater O &
<br />M Manual dated 08-07-2019, which is on file withthe ,C of Everett (the "Maintenance Standards").
<br />An excerpt of the Maintenance Standards is attached*retS as Exhibit D. The excerpt provides a
<br />summary of the Maintenance Standards, but such surni6ar not be deemed to reduce or limit the
<br />obligations of the RCI Parties to complete the full Maintenatace Standards on the Shared Stormwater
<br />System, nor shall it be deemed to increase or expand the RCS Parties obligations to include any
<br />stormwater improvements that are owned by the City. The 3Er`Stceet right of way stormwater
<br />improvements, which are City -owned improvements, are not atlrlreed by this Agreement and are not
<br />shared costs. The parties hereto and each contractor or subcontractngaged in the maintaining,
<br />repairing and replacing of the Shared Stormwater System as requiredl, eareunder shall pay all workers,
<br />laborers, or mechanics employed in the performance of any part of sitork an amount not less than the
<br />prevailing rate of wages established for each trade or occupation as estatiilied by the Washington
<br />Department of Labor and Industries, in accordance with Chapter 39.12 Rrevailing Wages) for such
<br />work on the Shared Stormwater System.
<br />b. In Accordance with AWlicable Law. All maintenance, repair and replacement of
<br />the Shared Stormwater System shall only occur after obtaining all required permits and authorizations and
<br />shall be in accordance with all required permits and all applicable laws, including without limitation all
<br />applicable federal, state, and local laws, regulations, ordinances, codes, court and administrative orders
<br />and consent decrees-
<br />C
<br />. Easement for InsRection, Remedy. The RCI Parties hereby grant to the City, for
<br />no additional consideration, a perpetual, non-exclusive easement over, under, through and upon the East
<br />RCI Property for the purpose of inspecting, maintaining, repairing and replacing the Shared Stormwater
<br />System as provided herein. Notwithstanding the foregoing, the City has no obligation to make any
<br />inspections of, or perform any work on, the Shared Stormwater System. During inspections, the City
<br />shall make a good faith effort to minimize the disturbance by the City to any uses or businesses operating
<br />on the RCI Property. In the event the RCI Parties fail to maintain, repair and replace the Shared
<br />Stormwater System as required hereunder, the City may, but is not obligated to, after thirty (30) days'
<br />advance notice to the RCI Parties, complete the work identified in such notice, provided that no notice
<br />shall be required in the event of an emergency situation, as determined by the City in its reasonable
<br />discretion. If the City performs any such work, the RCI Parties shall reimburse the City for its reasonable
<br />costs for such work, plus a fee in the amount of 101%, of such costs within! 30 days after the RCI Parties'
<br />representative listed below receives an itemized invoice for such work. If paymelit is not made in full
<br />within such 30-day period, the unpaid amounts shall bear interest from such due date at a rate of 12% per
<br />armum or the highest rate then permitted by law, whichever is less. Any notices provided to the RCI
<br />Parties' Representative shall be to the following person at the following address:
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