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Area")for certain permitted uses described herein and in said drawings, in connection with the
<br /> Project("Permitted Uses").
<br /> D. Temporary Work Area Easement: The Easement is on, over, and across the
<br /> Easement Area(land shown in Exhibit A shown in magenta), for a period not to exceed six(6)
<br /> months, beginning with date use of the land is granted to DD5, for use by the United States, its
<br /> representatives, agents, and contractors as a work area for Permitted Uses, including the right to
<br /> deposit fill material thereon,move, store, and remove equipment and supplies, and erect and
<br /> remove temporary structures on the land and to perform any other work necessary and incident
<br /> to the construction of the Union Slough Levee Rehabilitation Project,Job No. SNO-1-18
<br /> together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, obstructions,
<br /> and any other vegetation, structures, or obstacles within the Easement Area; reserving, however,
<br /> to the landowners, their heirs and assigns, all such rights and privileges as may be used without
<br /> interfering with or abridging the rights and Easement hereby granted; subject however,to
<br /> existing easements for public roads and highways,public utilities,railroads and pipelines.
<br /> E. Temporary Access Easement: A temporary access Easement and right of way
<br /> in, on, over and across the Easement Area land described in Exhibit A(shown in red)for a
<br /> period not to exceed six(6) months, for the location, construction, operation, maintenance,
<br /> alteration, replacement of(a)road(s)and appurtenances thereto; together with the right to trim,
<br /> cut fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures,
<br /> or obstacles within the limits of the right of way; reserving, however,to the owners, their hers
<br /> and assigns,the right to cross over and under the right of way as access to their adjoining land at
<br /> the locations indicated on Exhibit A; subject, however,to existing easements for public roads
<br /> and highways, public utilities, railroads and pipelines.
<br /> F. In consideration for the use of the Property,the parties agree to the terms and
<br /> conditions set forth herein.
<br /> AGREEMENT
<br /> For good and valuable consideration,the receipt and sufficiency of which are hereby
<br /> acknowledged, DD5 and the City agree as follows:
<br /> 1. LIMITED EASEMENT. Without altering the rights DD5 has to access and a
<br /> perpetual levee easement pursuant to instruments recorded at Snohomish County Auditor's File
<br /> No. 536725 and 511129, which rights the City acknowledges,the City hereby grants to DD5 this
<br /> Easement for use of the Easement Area for the Permitted Uses described in Paragraph C and D
<br /> above. DD5 may allow the use of the Easement Area by its contractors, agents, employees and
<br /> invitees, including the United States, Army Corps of Engineers, and their contractors, for the
<br /> Permitted Uses. These users are collectively referred to in this Agreement as the"Easement
<br /> Users." This entire Easement Agreement does not grant a possessory interest in City owned
<br /> property and is not inheritable nor assignable.Neither party will record this instrument in the real
<br /> property records of the County.
<br /> 2. PERMITTED USES OF EASEMENT. The City and Easement Users may use
<br /> the Easement Area for certain Permitted Uses,including,access, ingress, egress, construction
<br /> DD5-City of Everett Temporary Construction Easement Agreement page 2
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