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9 <br /> be necessary or convenient for the purpose of access to and from the Waterline Easement, <br /> such right of access to be exercised in a manner not inconsistent with the rights of RDC or <br /> any future tenant of the Property under the RDC Lease to use of the Property. <br /> Additionally, during the period of initial installation and construction of a water <br /> transmission pipeline within the Waterline Easement, the City shall have a non-exclusive, <br /> temporary easement in gross across, along, in,upon and under the fifteen-foot(15')wide strip <br /> of land directly adjacent and to the east of the Waterline Easement, as more particularly <br /> described on Exhibit D attached hereto (such strip of land being referred to hereafter as the <br /> "Temporary Construction Easement"), the approximate location of which is depicted on <br /> Exhibit E. hereto. The Temporary Construction Easement automatically shall terminate on <br /> the date that is six (6) months after the date on which the City completes its installation of an <br /> underground water transmission pipeline within the Waterline Easement. <br /> As used in this Agreement, the term "Easement" refers to both the Waterline Easement <br /> and the Temporary Construction Easement (for so long as the City's rights to use of the <br /> Temporary Construction Easement exist under the terms and conditions of this Agreement). <br /> The City may allow use of the Easement by the City's invitees (with such invitees <br /> including, for example, the City's employees, suppliers, contractors and subcontractors and <br /> the Tulalip Tribes' employees, suppliers, contractors and subcontractors) upon the terms <br /> hereof and for the permitted purposes set forth herein. <br /> RDC expressly consents to Grantor's conveyance of the Easement, under the terms and <br /> conditions set forth in this Agreement. <br /> The City's rights with respect to the Easement are subject to and conditioned upon the <br /> following terms, conditions and covenants, which both Grantor and City hereby promise to <br /> faithfully and fully observe and perform and which additionally shall run in favor of,and shall <br /> be enforceable by and binding upon, RDC (and any successor or assignee of RDC under the <br /> RDC Lease)for as long as the RDC Lease is in effect: <br /> 1. In exercising the rights granted in this Agreement, vehicular access to the Property <br /> shall be reasonably maintained during construction, maintenance and/or repair activities. <br /> Without limiting the generality of the foregoing, except as otherwise set forth herein, at a <br /> minimum, one traffic lane on Riverside Road, with a minimum width of 12 feet, shall be <br /> available for ingress and egress to Lot 8 of the Riverside Business Park, at all times, each day <br /> during the hours from 5:00 a.m. to 8:00 p.m. during all construction, maintenance and repair <br /> activities. Ingress and egress to and from Lot 8 may be blocked by the City during the hours <br /> from 8:00 p.m. to 5:00 a.m. to facilitate construction along Riverside Road at the location <br /> where Riverside Road intersects the access road that runs in an east-west direction adjacent to <br /> the northerly property line of Lot 8, not to exceed a period of three (3) consecutive days and <br /> shall not exceed a total overall period of seven (7) days; provided the City and/or the <br /> contractor undertaking construction, maintenance and/or repair activities coordinates with <br /> Grantor and RDC to provide notification of the access limitations. <br /> EASEMENT AGREEMENT FOR WATERLINE pg.2 <br /> 41 <br />