Diking Improvement District No 5 8/15/2018

Complete Agreement. This Agreement constitutes the entire agreement of DD5 and the City relating to the subject matter of this Agreement. This Agreement supersedes and replaces all other written or oral agreements thereto. Amendment. No amendment of this Agreement or the Easement will be effective unless it is in writing and signed by DD5 and the City. Waiver. No waiver of satisfaction of any condition or nonperformance of an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation. Severability. If any provision of this Agreement is unenforceable to any extent,the remainder of this Agreement, or the application of that provision to any persons or circumstances other than those as to which it is held unenforceable, will not be affected by that unenforceability and will be enforceable to the fullest extent permitted by law. Notice. For a notice under this Agreement to be valid, it must be in writing and the sending party must use one of the following methods of delivery: (a)personal delivery to the address stated below; (b) first class postage prepaid U.S. Mail to the address stated below; or(c) nationally recognized courier to the address stated below,with all fees prepaid. City of Everett City: Attention: Mike Palacios Director Facilities/Real Property 3200 Cedar Street Everett, WA 98201 Tel: (425) 257-8938 Diking District No. 5 of Snohomish County DD5: Attention: Victor Loehrer Sato Corporation/Dagmars Marina 1125 SE, 6th Street, Bellevue WA 98004 Copy to: Weed, Graafstra, &Associates, Inc., P.S. Attention: Peter C. Ojala 110 Cedar Ave, Suite 102 Snohomish, WA 98290 A party may change its address stated above by delivering written notice to the other party of the new address. DD5-City of Everett Temporary Construction Easement Agreement page 5