1213 21ST ST 2016-01-01 MF Import

Olson and Ebert do hereby agree to perform the work of grading, sloping and filling upon the fill area with due diligence as soon as it is reas�nably possible after receipt of all necessary governmental permits or other such requirements. Olson and Ebert agree to perform the work of grading, sloping and filling in accordance with all applicable governmental ordinances, rules and regulations. Olson and Ebert shall bear all costs of the grading, sloping and filling and shall hold Schwantes harmless and indemnify Schwantes from any claims which may arise out of the work of grading, sloping and filling. Olson and Ebert shall not permit any liens or emcumbrances to attach to the real property of Schwantes due to any of the work performed under this agreement. All fill which is used shall be "clean fill." All work performed by Olson and Ebert shall be completed in a prompt and workman- like manner once commenced. Further, Olson and Ebert agree to seed the fill area with grass seed at their own expense within a reasonable period of time after completion of the work. Olson and Ebert agree to remove all brush and debris from the fill area, at such time as necessary governmental permits and/or other requirements are met. Schwantes hereby grants to Olson and Ebert the right to relocate the sewer line connecting Lots 51 and 52, with the Westerly portion of Lots 53 and 54, as deemed necessary by Olson and Ebert. If the sewer line is replaced or reconnected, all the costs and expenses incurred in replacing or recon- necting and any costs of restoring the premises to the condition they were in prior to the reconnection or replacing, shall be borne by Olson and Ebert. Any and all work of replacing or reconnecting the sewer line shall be per- formed onl,y pursuant to proper Governinental permit or other authorization. Time is of the essence of this agreement. The parties agree to act in yood faith in carrying out the terms of this agreement. Any communications or Notices under this agreement shall be addressed to the parties at the addresses set out below, or such other address as may be provided in writing. If either party cortmences a lawsuit to enforce any of the provisions of this agreement, the prevailing party shall be entitled to its reasonable costs and attorney's fees. JUINT DEVE:L^PMENT AGREEMENT Page 2 of three TUGHY & HAMMER, Attorneys at Law 1712 Pacific Avenue Everett, Washington 98201 (206) 259-9194