1213 21ST ST 2016-01-01 MF Import

• r Ebert shall assume and pay all expenses and costs of the relocation and connection of the sewer line and shall indem��ify and hold Johnson harmless thereon. Any such relocation and replacemants shal� be performed only upon first obtaining all pertinent governmental pe��mits and other authorizations. Johnson does hereby grant to Olson and Ebert, and to the owner of Lots 51 and 52, a 10-foot Private Utility Easement �`or the benefit of Lcts 51 and 52 for the purpose of locating, constructing, maintaining and repairing a sewer line upor� a strip of land 10 feet in widtli described as the West 10 feet of the East 75 feet 5 inches of Lots 53 and 54 described above. Johnson does further grant to Olson and Ebert an easement for ingress and egress for the purpose of repair and maintenance of this sewe�r line as constructed within the �asement area. Olson and Ebert will perform all such installation in accordance with all applicable governmental regulations includtng reconnection of existing sewer lines with six-inch pipe. Any and all reconnections will be.performed in such a manner as �Fo make any interruptions to the existing sewer service negligible. Johnson does hereby grant to Olson and Ebert, their heirs, successors and assigns the first right of refusal to purchase *.he East 75 feet 5 inches of Lots 53 and 54, as described above. If Johnson receaves an acceptable bona fide written third party offer for the purchase of 4he East 75 feet 5 inches of Lots 53 and 54, then Johnson shall immediately ��otify O�son and Ebert, in writing, at 2015 Newitt Avenue, Everett, Washington 98201. After receipt of such Notice of Offer, Olson and Ebert shall have thirty days (30) in which to enter into a written Purchase and Sale Areement for the purchase of the property upon the terms and conditions of the bona fide written third party offer. If Olson and Ebert do not enter into a written Purchase and Sale Agreement for the prope��y within the thirty day period, then Johnson shall be free to accept the bona fide written third party offer. I� a third party sale is completed pursuant to the terms of this agreement, then this agreement shall terminate and all rights of Olson and Ebert under the First Right of Refusal shall be null and void. However, if after Notice of Offer is 9iven to Olson and Ebert, the contemplated sale to a third party is not completed, then the First Right of Refusal of Olson and Ebert shall remain in full force and effect and any subsequent third party offer received by �OINT DEVF.LOPMENT AGREEMENT GRANT OF PRIVATE UTILITY EASEMENT AND FIRST RIGHT OF REFUSAL Page 2 of four TUGHY & HAMMER, Attorneys at Law 1712 Pacific Avenue Everett, Washington 98201 (206) 259-9194