Dagmars Investors LLC 6/30/2026 - Laserfiche WebLink

5. Recording. This Agreement shall be executed by the parties, and then delivered for recording by the City with the Snohomish County Auditor. 6. Title. The Grantor represents and warrants to the City that Grantor is lawfully seized and possessed of the Property and Grantor has a good and lawful right and power to convey the Interim Easement. 7. Binding Effect. This Agreement and the Interim Easement and the conditions herein contained shall be covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns, including any subsequent owners of the Property. 8. Termination. This Agreement and the Interim Easement shall automatically terminate when the Permanent Ross Avenue Improvements have been constructed and are open for public use. Upon request of Grantor upon such termination, the City will execute for recording a reasonable termination instrument provided by Grantor. 9. Miscellaneous. The captions and paragraph headings contained in this Agreement are for convenience of reference only and in no way define, describe, extend or define the scope or intent of this Agreement, nor the intent of any of the provisions hereof. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington. Each recital and definition set forth above is incorporated into this Agreement as though fully set forth herein. If either party shall bring an action to enforce the terms of this Agreement, in any such action the prevailing party shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions. This Agreement contains all covenants and agreements between the parties relating in any manner to the grant of the Interim Easement. This Agreement may be executed in multiple counterparts, all of which taken together shall constitute one and the same instrument. Either party's failure to enforce any provision hereof shall not constitute waiver thereof in any future instance. Any amendment of this Agreement or the Interim Easement hereunder shall be binding only if evidenced in writing signed by the Mayor of the City and an authorized representative of Grantor. (REMAINDER OF PAGE BLANK;SIGNATURES APPEAR ON FOLLOWING PAGE(S)) Interim Public Access Trail Easement Page 4