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D. The Easement is on, over, and across the Easement Area, for a period not to
<br /> exceed one(1)year, beginning with date use of the land is granted to DD5, for use by the United
<br /> States, its representatives, agents, and contractors as a work area for Permitted Uses, including
<br /> the right to deposit fill material thereon, move, store, and remove equipment and supplies, and
<br /> erect and remove temporary structures on the land and to perform any other work necessary and
<br /> incident to the construction of the Union Slough Levee Rehabilitation Project,Job No. SNO-1-
<br /> 18 together with the right to trim, cut, fell, and remove therefrom all trees, underbrush,
<br /> obstructions, and any other vegetation, structures, or obstacles within the Easement Area;
<br /> reserving, however,to the landowners,their heirs and assigns, all such rights and privileges as
<br /> may be used without interfering with or abridging the rights and Easement hereby granted;
<br /> subject however,to existing easements.
<br /> E. 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. 635626, and rights at common law through long use and maintenance of a levee, which
<br /> rights the City acknowledges,the City hereby grants to DD5 this Easement for use of the
<br /> Easement Area for the Permitted Uses described in Paragraph C and D above. DD5 may allow
<br /> the use of the Easement Area by its contractors, agents, employees and invitees, including the
<br /> United States, Army Corps of Engineers, and their contractors, for the Permitted Uses. These
<br /> users are collectively referred to in this Agreement as the "Easement Users." This entire
<br /> Easement Agreement does not grant a possessory interest in City owned property and is not
<br /> inheritable nor assignable.Neither party will record this instrument in the real property records
<br /> 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 /> staging,materials storage, and ancillary activities incidental to the Project. No other uses of
<br /> the Easement Area shall be permitted without the prior written approval of the City.
<br /> 3. TERM. This Easement shall commence on the first day DD5 uses the Easement
<br /> Area for a Permitted Use and ends no later than one year from that date.
<br /> 4. COORDINATION OF PROPERTY USES. DD5 use of the Property shall not
<br /> conflict with City use of the Property. DD5 shall coordinate its exercise of its rights hereunder
<br /> with the following representative of the City: Halley Kimball,Telephone: (425)257-8946.
<br /> 5. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. DD5
<br /> shall comply with all federal, state and local laws, rules regulations and ordinances governing its
<br /> activities on the Property and its exercise of the rights granted hereunder. DD5 shall also comply
<br /> DD5-City of Everett Temporary Construction Easement Agreement page 2
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