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PARTIAL TERMINATION OF <br /> EASEMENT AGREEMENT <br /> THIS AGREEMENT is made this day of , 2010, by and <br /> between the City of Everett, Washington, hereinafter referred to as the"City" and Public Utility <br /> District No. 1 of Snohomish County, a municipal corporation, hereinafter referred to as the <br /> "District". <br /> WHEREAS,the District is successor in interest to Puget Sound Power and Light, a Washington <br /> corporation, which granted to the City that certain easement recorded under Snohomish County <br /> Auditor's File No.1714357, for the purpose of construction, maintenance and operation of a <br /> sewer line and appurtenances, within and across the following described property located in <br /> County of Snohomish: <br /> See Exhibit A Attached hereto and incorporated herein by reference <br /> WHEREAS, pursuant to the provisions of this Agreement, the District requests that the City <br /> extinguish a portion of the easement area described as follows: <br /> See Exhibit B Attached hereto and incorporated herein by reference <br /> WHEREAS, the City is agreeable to extinguishing that portion of the easement area described <br /> in Exhibit B pursuant to the terms of this Agreement <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements contained <br /> herein, the City and the District do hereby agree as follows: <br /> 1. The City terminates its interest in the property described in Exhibit B and hereby conveys <br /> and quit claims its interest to the District. <br /> 2. The District accepts the property described in Exhibit B "AS IS", "WHERE IS" and"WITH <br /> ALL FAULTS", and the.City expressly disclaims all warranties, express or implied, relating <br /> to the condition, habitability, quality, value, suitability for development or other <br /> characteristics of the property described in Exhibit B. <br /> 3. The District agrees to hold harmless and indemnify the City, its officers, employees, and <br /> agents from any and all claims for damages, demands, or causes of action,whether to persons <br /> or property, that are in any manner incident to the property described in Exhibit B. This <br /> obligation shall not include such claims that are caused by or result from the sole negligence <br /> of the City or its officers, employees or agents. In the event of the concurrent negligence of <br /> (a) the City, its officers, employees or agents and (b) the District, its agents, successors or <br /> assigns, this indemnity provision shall be valid and enforceable to the extent of the <br /> negligence of the District,its agents, successors or assigns. <br /> 42 <br />