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202507010109 Document:AGMT Rec: $313.50 Page-3 of 11 <br />Record Date:7/1/2025 10:18 AM Snohomish County, WA <br />City Engineer has approved Tie -Back Improvements as described in the plans and <br />specifications approved by the City of Everett in connection with the Grantee's building <br />permit application under file number PW2305-013. <br />4.4 At its sole expense, Grantee shall operate, maintain, and repair the <br />Tie -Back Improvements. Such operation, maintenance, and repair shall include such <br />Grantee (actions as may be necessary to avoid damage to Grantor or public use of the City <br />Properties. <br />5. Termination of Agreement. <br />5.1. If Grantee's use of the Tie -Back Area or if the Tie -Back <br />Improvements, in the reasonable judgment of the City Engineer, constitute a substantial <br />threat to the structural integrity of the City Properties or a danger to the public use of the <br />City Properties, then Grantor may deliver written notice thereof to Grantee. If Grantee <br />does not cure such threat or danger at no expense to Grantor within thirty (30) days after <br />delivery of the notice (or such sooner time as may be reasonably required by the City <br />Engineer), or does not within such time period begin and thereafter diligently, continually, <br />and in good faith work to effect such a cure as soon as possible, then the Grantor may, <br />effective upon written notice to Grantee, terminate this Agreement. <br />5.2. If Grantor believes that Grantee has violated any material term or <br />condition of Agreement, Grantor shall deliver written notice thereof to Grantee. This right <br />is in addition to any right Grantor may have under Section 5.1. If Grantee does not cure <br />such violation at no expense to Grantor within thirty (30) days after delivery of violation <br />notice (or such sooner time as may be reasonably required by Grantor), or does not within <br />such time period begin and thereafter diligently, continually, and in good faith work to <br />effect such a cure as soon as possible, then the Grantor may, effective upon written notice <br />to Grantee, terminate this Agreement. <br />5.3. Effective on the Project completion or on delivery of an uncured <br />termination notice under Section 5.1 or Section 5.2 above, Grantee will, as directed by the <br />City Engineer, either remove or cut-off the Tie -Back Improvements. If the City Engineer <br />does not require removal or cut-off, the Tie -Back Improvements shall be deemed <br />abandoned by Grantee. Without limiting the foregoing, effective on the Project <br />completion or on delivery of an uncured termination notice under Section 5.1 or Section <br />5.2 above, the Grantor may at any time at Grantor's sole discretion remove the Tie -Back <br />Improvements. <br />6. Release, Hold Harmless, Indemnification, and Duty to Defend. Grantee <br />releases the Grantor from any and all claims resulting from damage or loss to its own. <br />property and does covenant and agree at all times to indemnify, defend and hold harmless <br />the Grantor, its officers, agents and employees, from all claims, actions, suits, liability, <br />loss, costs, expense or damages of every kind and description (excepting only such <br />Tie -Back Permit and Agreement Page 3 <br />