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202507010109 Document:AGMT Rec: $313.50 Page-2 of 11 <br />Record Date:7/1/2025 10:18 AM Snohomish County, WA <br />AGREEMENTS <br />In consideration of the mutual promises set forth herein, and for other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />Grantor and Grantee hereby agree as follows: <br />1. Grant of Temporary Tie -Back Permit. Grantor grants Grantee a <br />temporary right of way permit (the "Tie -Back Permit") giving Grantee the right to the use <br />of the Tie -Back Area for shoring and other excavation -related uses related to the <br />construction of the Project. For the purposes of this Agreement, any improvements <br />constructed or installed in the Tie -Back Area by Grantee are referred to as the "Tie - <br />Back Improvements." <br />2. Reservation of Grantor's Rights. This Agreement entitles Grantee to use <br />Tie -Back Area only for the purposes expressly described herein. Grantor reserves the right <br />to enter upon and use the Tie -Back Area established hereby for any purpose not <br />inconsistent with Grantee's rights under this Agreement. <br />3. Permit Term/As-Builts. The term of the Tieback Permit shall begin on the <br />Project construction start date and shall terminate on December 31, 2026. No later than <br />such date, Grantee shall provide Grantor with drawings showing, with reasonable detail, <br />the final locations of the Tie -Back Improvements in the Tie -Back Area. <br />4. Protection of City Properties. Grantee acknowledges the importance of <br />the City Properties, which include the Grand and Rucker Avenue right-of-way. Protection <br />of the public's right-of-way use of Grand and Rucker Avenue is of paramount importance <br />to Grantor in this Agreement. <br />4.1 All use of the Tie -Back Area and all permissions granted under this <br />Agreement shall be in a manner that does not interfere with the use by the Grantor and the <br />public of the Grand and Rucker Avenue rights -of -way. Grantee shall at its sole expense <br />conform to all applicable laws, regulations, permits or requirements of any public authority <br />affecting the use of the Tie -Back Area. Upon request, Grantee shall deliver to Grantor <br />copies of any such permits. <br />4.2 Grantee shall pay all costs of any protection, support or relocation of <br />existing utilities deemed necessary by the owners of utilities affected by the Tie -Back <br />Improvements. Grantee is solely responsible for any damage to any utilities due to the <br />construction, repair, reconstruction, maintenance, removal or operation of the Tie -Back <br />Improvements. <br />4.3 Grantee shall not construct, reconstruct, relocate, adjust, remove, or <br />repair the Tie -Back Improvements or otherwise use the Tie -Back Area except in <br />accordance with plans and specifications approved in advance by the City Engineer. The <br />Tie -Back Permit and Agreement Page 2 <br />