9900 19TH AVE SE 2018-01-02 MF Import

8omenase PROJECT HOLD HAR=SS Whereas, Michaelis - Swenson Partners (hereinafter referred to as "Michaelis"), on behalf of HomeBasa, Inc., has made application with the City of Everett for the issuance of public works, building and shoreline permits for the construction of a HomeBasa store at the northwest corner of 191h Avenue S.E. and 100`^ street S.E. in the City of Everett, county of Snohomish: and Whereas, the City of Everett issued a SEPA MDNS concerning the application containing a number of conditions including measures to address the filling of the on -site wetland and protection of the abutting wetland, downstream wetlands and stream corridor as described in SEPA *65-96 and the addendum thereto; and Whereas, in the opinion of Hom'Base and Michaelis, the project needs to proceed at this time; and whereas, Michaelis is willing to acCept the risks and lull responsibility associated with the design and construction of the filling of the on -site wetland and the design and construction of the storm water system as welt as any down stream disturbance and damage associated therewith; and Whereas, knowing and recognizing the risks attendant with proceeding with construction at this time, Michaelis desires to proceed at this time understanding that it bears the risks of so doing; NOW, THEREFORE, MICHAELIS AGREES AS FOLLOWS: In consideration of the city of Everett authorizing Michaelis to proceed with the above described project at this time, and without which the City would not provide the required authorization, Michaelis does agree to bear all risks associated with proceeding with construction during the City's seasonal limitation period which is generally November 1, 1997, through 9801020369