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AMENDMENT NO. 2 <br /> TO <br /> PARKING EASEMENT AND AGREEMENT <br /> (Colby Avenue & Wall Street,Everett,Washington) <br /> THIS AMENDMENT NO. 2 TO PARKING EASEMENT AND AGREEMENT (this <br /> "Amendment") is dated as of November 1, 2016 (the "Effective Date"), between the CITY OF <br /> EVERETT, a Washington municipal corporation ("City"), and TOUCHSTONE EVERETT <br /> HOTEL LLC,a Washington limited liability company("Developer"). <br /> RECITALS <br /> A. City and Developer are parties to the Parking Easement and Agreement dated <br /> January 18, 2013, and recorded under Snohomish County recording number 201301180461, as <br /> Amended by Amendment No. 1 to Parking Easement and Agreement dated November 7, 2014, <br /> and recorded under Snohomish County recording number 201411140523 (as amended, the <br /> "Parking Easement"). The real property that is the subject of the Parking Easement is located at <br /> the southeast corner of Colby Avenue and Wall Street in Everett, Washington and is legally <br /> described in Exhibit A attached hereto (the "Property"). Capitalized terms used but not defined <br /> herein shall have the meanings ascribed to them in the Parking Easement <br /> B. Section 3 of the Parking Easement states as follows: <br /> Grantor and Grantee shall execute a Parking Easement Agreement Amendment and <br /> Notice of Project Garage Completion which shall(i) identify the Project Completion Date <br /> and effective commencement date of the Parking Easement, and (ii) attach an as-built <br /> survey map and plans of the Project Garage showing the horizontal and vertical locations <br /> of all parking spaces in the Project Garage. <br /> C. The purpose of this Amendment is to comply with Section 3 of the Parking <br /> Easement. <br /> AGREEMENT <br /> NOW,THEREFORE, in consideration of the mutual undertaking and promises contained <br /> herein, and the benefits to be realized by each party and in future consideration of the benefit to <br /> the general public by the creation and operation of the Developer's project upon the Property, <br /> and as a direct benefit to the City and other valuable consideration, the adequacy of which is <br /> hereby acknowledged,the parties agree as follows: <br /> 1. Project Completion Date. The Project Completion Date is November 1,2016. <br /> 2. As-Built Drawings. Attached as Exhibit B are as-built drawings showing the <br /> location of the Parking. <br /> 1 <br />