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CITY <br /> AGREEMENT <br /> BETWEEN <br /> THE CITY OF EVERETT AND EVERETT DOWNTOWN STORAGE <br /> This Agreement("Agreement") is dated for reference purposes N0'1 I I , 2017, <br /> and is between the CITY OF EVERETT(the "City") and EDS MCDOUGALL LLC d/b/a <br /> EVERETT DOWNTOWN STORAGE(the "Owner"). <br /> RECITALS <br /> A. Owner is the owner of Everett Downtown Storage,which is located at 3615 <br /> McDougall Ave., Everett, WA 98201. Everett Downtown Storage rents storage units to persons <br /> ("Occupants") for the purpose of storing personal property. <br /> B. Some storage units at Everett Downtown Storage have had flooding from time to <br /> time because of water main breaks, certain limitations in the City stormwater and combined <br /> sewer systems, and from high intensity rainfall or snowfall event that is beyond the normal <br /> capacity of these systems. These have caused some damage to stored property, for which some <br /> Occupants have filed property damage claims against the City. The City has settled some of <br /> those claims. <br /> C. The City expects to address the limitations in the City's stormwater, combined <br /> sewer, and water systems by various capital projects within the next few years. In the meantime, <br /> City and Owner have agreed that the City will install certain improvements in storage units prone <br /> to flooding, such as shelving and other improvements (the "Improvements"). The purpose of the <br /> Improvements is to provide Occupants the ability to store items off of the floor,which will help <br /> prevent property damage if flooding occurs. <br /> D. As set out in this Agreement, Owner has also agreed to have all current and future <br /> Occupants sign an addendum concerning the Improvements, in the form attached as Exhibit A <br /> (the"Addendum"). <br /> AGREEMENT <br /> The City and Owner agree as follows: <br /> SECTION 1: IMPROVEMENTS <br /> A. Permission to Install. Owner grants City and its contractors permission to install <br /> the Improvements in storage units at Everett Downtown Storage. A preliminary description of <br /> the Improvements is contained in Exhibits B, C,D, and E of this Agreement. <br /> B. Cooperation. Owner will cooperate with the City and the City's contractors in <br /> communicating with Occupants so that installations may occur in an efficient manner. Owner will <br /> ensure that Occupants'property is moved away beforehand from areas where the City or the City's <br /> contractors are working. The City and its contractors have no obligation to move or relocate <br /> Occupants' property. The City and its contractors will not be responsible for Occupants' property. <br /> 1 <br />