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an outfall into the Snohomish River and associated underground piping and utilities substantially
<br />as described in Exhibit C hereto and by this reference incorporated herein ("Easement
<br />Improvements").
<br />C. Grantee desires to acquire from Grantor a permanent , irrevocable, non-exclusive
<br />easement for the installation, construction, use, operation, maintenance, repair, upgrade and
<br />replacement of the Easement Improvements on, over, in, under, across and through the Property
<br />at the location legally described in Exhibit D hereto and by this reference incorporated herein
<br />("Easement Area"). Grantor is willing to grant such an easement on the terms and conditions set
<br />forth in this Agreement.
<br />D. Grantor previously granted Grantee an easement for a portion of the Easement
<br />Area for the purpose of constructing the Easement Improvements. This easement is dated
<br />December 28, 2005, and was recorded under Snohomish County Auditor's file No.
<br />200601300746. The Grantee desires to enlarge the area of the easement previously granted in
<br />order to operate and maintain the Easement Improvements. It is the intent of the Parties that this
<br />Easement Agreement replace and supersede the prior easement agreement.
<br />NOW, THEREFORE, in consideration of the foregoing recitals and other good and
<br />valuable consideration in hand paid, the receipt and sufficiency of which is hereby
<br />acknowledged, the parties agree as follows:
<br />AGREEMENT
<br />1. Grant of Utilities, Drainage and Access Easement. Grantor does hereby grant, bargain,
<br />sell and convey to Grantee for the benefit of the Benefited Property and for the benefit of Grantee
<br />and its successors and assigns and all users of the Easement Improvements from time to time and
<br />Grantee's contractors, agents, employees and invitees, a permanent, irrevocable, non-exclusive
<br />easement for the purpose of installation, construction, use, operation, inspection, maintenance,
<br />repair, replacement, upgrade and/or reconstruction of the Easement Improvements, on, over, in,
<br />under, across and through the Easement Area, together with a permanent, irrevocable, and non-
<br />exclusive easement: (a) for the permitted discharge of water from the Easement Improvements
<br />onto and across the tidelands portion of the Property and into the Snohomish River, and (b) for
<br />ingress to and egress from all or any portion of the Grantor's property for the foregoing purposes.
<br />2. Relocation of Utilities.
<br />A. Subject to the following terms and conditions, Grantor shall have the right to
<br />relocate any of the Easement Improvements, at its sole cost and expense, provided such
<br />relocation does not suspend or impair the functionality of the Easement Improvements. The
<br />Parties will mutually cooperate in implementing such changes in order to minimize any
<br />disruption in Grantee or Grantor's operations on the Property. Grantor shall consult with Grantee
<br />Page 2 of 7 FA No. F-005 ( )
<br />Project No., A00543N
<br />Parcel No. 1-22361
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