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TEMPORARY ACCESS, CONSTRUCTION AND MAINTENANCE EASEMENT AGREEMENT <br /> This TEMPORARY ACCESS, CONSTRUCTION AND MAINTENANCE EASEMENT <br /> AGREEMENT ("Agreement") is made and executed this f 1 day of June , 2019, (the "Effective <br /> Date") by and between KIMBERLY-CLARK WORLDWIDE, INC., a corporation duly organized and <br /> existing under the laws of Wisconsin (hereinafter "K-C"), and the CITY OF EVERETT, a municipal <br /> corporation of the State of Washington(hereinafter"City"),collectively the"Parties". <br /> RECITALS <br /> A. WHEREAS, K-C is the owner of certain real property located at 2600 Federal Avenue, <br /> Everett,Washington, legally described on Exhibit"B"attached hereto(the"Property"); <br /> B. WHEREAS, there is a combined sewer overflow designated as PS-04 (CSO) that runs <br /> through a portion of the Property designated as Snohomish County tax parcels 29051900300100 and <br /> 29051900300200 that the City wishes to temporarily reroute in order to decommission the old pipe; <br /> C. WHEREAS, in connection therewith the City will reroute the existing piping for Puget <br /> Sound Outfall 4(PS04) in an above ground pipeline of welded high density polyethylene pipe such that it <br /> discharges into PS-05 (CSO) in the former Everett Avenue right-of-way(the "Easement Improvements"). <br /> The completed Easement Improvements will be located on a portion of Snohomish County tax parcel nos. <br /> 29051900300100 and 00437461700200, within the area as shown on the attached Exhibit A-2 and <br /> labelled as "Temporary Construction Easement." <br /> AGREEMENTS <br /> NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants <br /> expressed herein,and intending to be legally bound,the Parties hereby agree as follows: <br /> 1. Grant of Temporary Easement <br /> For and in consideration of the covenants contained herein and other good and valuable consideration,the <br /> receipt and sufficiency of which is hereby acknowledged, K-C grants and conveys to the City, a <br /> temporary, nonexclusive easement for access, maintenance and construction as further described herein <br /> (the"Easement")under, across, and over Grantor's property(i)in the location depicted on Exhibit"A-1" <br /> attached hereto (the "Decommissioning Easement Area") for the sole purposes of decommissioning the <br /> existing PSO4 pipeline and (ii) in the location depicted on Exhibit"A-2" attached hereto (the "Easement <br /> Area") for the sole purposes of installing and maintaining the temporary Easement Improvements (the <br /> Decommissioning Easement Area and the Temporary Easement Area are colletively referred to herein as <br /> the "Easement Area"). The Easement is granted to the City (its employees, authorized agents and <br /> contractors),at the City's sole risk and expense(except as otherwise stated herein),for the limited purpose <br /> set forth in the preceding sentence.The temporary above-ground pipe will be placed in a location running <br /> along the east edge of the property fence line from approximately 25th Street to former Everett Ave. <br /> Following the relocation, the old pipe network will be decommissioned and abandoned by the City (its <br /> employees, authorized agents and contractors) in accordance with all applicable Laws. Access to the <br /> Easement Area is subject to the provisions of this Agreement with such access being terminated as set <br /> forth in Section 3 - Term. Before performing any activities in connection with any entry hereunder, the <br /> City shall obtain any required governmental approvals for such activities, if any, and provide prior notice <br /> to K-C. <br /> 2 <br />