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�ohnson shall be subject to the terms of the First Right of Refusal to Olson <br />and Ebert. <br />Olson and Ebert do hereby agree to perform the work of grading, sloping <br />and filling upon the fill area with due dilige;ue as soon as it is reasonably <br />possible after receipt of all necessary governmental permits or other such <br />requirements. Olson and Ebert agree to perform the work of grading, sloping <br />and filting in accordance with all applicable governmental or�i:�ances, rules <br />and regulations. Olson and Ebert shall bear all costs of the grading, <br />slopi�ig and filling and shall hold Johnson harmless and indemnify Johnson <br />from any claims which may arise out of the work of grading, sloping and <br />filling. Olson and Ebert shall not permit any liens or encumbrances to <br />attach to the real property of Johnson due to any of the work performed under <br />this agreement. Al1 fill which is.used shall be "clean fill." All work <br />performed by Olson and Ebert shall be completed in a prompt and workmanlike <br />manner once comnenced, further, Olson and Ebert agree to regravel the fill <br />area upon compietion of the grading, sloping and filling. <br />Time is of the essence of this agreement. The parties agree to act in <br />good faith in carrying out the terms of this agreement. Any comnunication�. <br />or Notices under this agreement shall be addressed to the parties at the <br />addresses set out below, or such other address as may be provided in wri:ing. <br />If either party commences a lawsuit to enforce any of the provisions of this <br />agreement, the prevailing party shall be entitled to its reasonable costs and <br />attorney's fees. <br />EXECUTED in d�plicate this �� day of January <br />� / • . : ,. ;. � .Is;, --- � <br />R G.." N N ` LL R. L <br />Address: Address: � <br />�'' �' ' � � <br />1 <br />� '•� � Z � 3 7 � .,.� �� ��u �.. .t / <br />� , � i / i.' �', / <br />1 <br />� f / r�/� <br />�. . <br />. R <br />Addre : <br />STATE OF WASHINGTON ) <br />) ss. <br />LOUNTY QF SNOHOMISH ) <br />— Ori this day personally appeared before me CRAIG A. JOHNSON, to me kno,�n <br />,'to he the individual described in and who executed the within and foregoing <br />instrLntent, and acknowledged that he sigr.ed the �ame as his free and <br />voluntary act and deed, for the uses and purposes therein mentionNd. <br />JOINT DEVELOPMENT AGREEMENT <br />GRANT OF PRIVATE UTILITY EASE�fENT <br />AND fIRST RIGHT OF REFUSAL <br />Page 3 of four <br />r <br />TUGHY & HAMMER, Attorneys at Law <br />1712 Pacific Avenue <br />Everett, Washington 9820I <br />(206) 259-9194 <br />