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.____ <br /> I Formatted:Right: 1.25" � <br /> --- _ __ _ _ <br /> Notice to Cit Notice to Grantor <br /> City of Everett BNSF Railway Company <br /> Attn: Michael Palacios Attn: Sarah Hartwell <br /> Real Property Manageme�tt Manager of Environmental Operations <br /> 3200 Cedar Street 2454 Occidental Ave. S. <br /> Everett, WA 98201 Seattle,WA 98134-1451 <br /> I3rooke Kuhl <br /> General Attorney <br /> BNSF Railway Company <br /> 201 West Railroad Street, Ste 300 <br /> Missoula,MT 59802 <br /> A party may change its address by delivering written notice to the other party of the new <br /> address. <br /> g. Attorney's Fees and Costs."`The prevailing party in any action brought <br /> to enforce any obligations under this Agreement shall��be entitled to recover from the non- <br /> prevailing party or parties an amount equal to the reasonable attorney's fees and costs <br /> incurred by the prevailing party, including without limitation any costs incurred on appeal. <br /> h. No Third-Party Beneficiaries. The provisions of this Agreement are <br /> for the sole benefit of the City and the Grantor. No other persons have any rights or remedies <br /> under this Agreement. <br /> i. Authorization to SiQn. The parties hereto each represent and warrant <br /> that all necessary signatures and consents to enter this Agreement and to assume and perform <br /> the obligations hereunder have been duly and properly obtained. <br /> The City and the Grantor have executed this Agreement as of the date first above written <br /> CITY OF EVER�TT BNSF RAILWAY <br /> �y-- BY <br /> Ray Stephanson, (name) <br /> Mayor (title) <br /> ATTEST <br /> City Clerk <br /> 7 <br /> � � 5 <br />