3625 8TH ST Easements & Agreements 2025-04-18

EASEMENT account of or out of Grantor's use or activity within the above-described easement. This paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, employees and agents; provided, that if the claims or damages are caused by or result from the concurrent negligence of(a) the Grantor, its agents, successors or assigns, and (b) the City, its officers, employees or agents, this indemnity provision shall be valid and enforceable to the extent permitted by law. The Grantor specifically and expressly waives any immunity under Industrial Insurance, Title 51 RCW, and acknowledges that this waiver has been mutually negotiated by the parties. 7. The Grantor also covenants to the City that Grantor is lawfully seized and possessed of the land aforesaid; has a good and lawful right and power to sell and convey same; that same is free and clear of encumbrances, except as set forth in the attached Acknowledgment and Declaration of Secured Lender; and that Grantor will forever warrant and defend the title to said easement and the quiet possession thereof against the lawful claims and demands of all persons whomsoever. 8. Prior to the commencement of any non-emergency construction, maintenance, repair or replacement work within the easement area, the City will coordinate with Grantor and/or its successors and assigns as the owners from time to time of the Grantor's property, and upon Grantor's request provide a reasonably detailed description of the work to be performed. Following any use of the easement area for the above purposes, the City shall restore the easement area to a good and clean condition as promptly as possible. I.\k-o\KIERNAN\EverettFXFPurchase\EasementW ater0522I 7GMS.docx 4