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APPROVED ENG BLD2023-0750 RECORDED PARKING AGREEMENT:349WIPAIII)KIII RECEIVED Oct 19 2023 CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT City of Edmonds Return Name 121 5th Ave. N Street Address Edmonds, WA 98020 City, state, ZIP Standard Cover Sheet 202310180220 EASEMENT Rec::211.60 10/18/2023 2 14 PM 9 PG SNOHOMISH COUNTY, WA NO EXCISE TAX REQUIRED OCT 18 2023 BRIAN SULLIVAN, Snohomish Ccun re urer By BRIAN SULLIVAN W Snohomish County Recording A Division of the Auditor's office The Auditor/Recorder will rely on the information provided on the form. The slaff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Document Title(s) 1 Joint Parking Agreement 3 2. �'(�5�1(Vif' Vt t~ 4. Reference Number(s) of Related Documents Grantor(s) 1 CRESSWELL VENTURES LLC 2. Last Additional reference numbers on page First Name r First Name Middle initial Additional names on page Grantee(s) 1 NOVA PAM- RESOURCE eTR— Last Name r„ orn , (`, c� _ _ s ' First Name Middle Initial ilr 2, r Last Name First Name Middle initial Additional names on page Legal Description (abbreviated farm: ie lot, block, plat or section, township, range WILLOWDALE GARDENS DIV 1 BLK 000 D-01, LOT 15 EXC W 318FT THOF TGW N 126FT OF LOT 16 & N 25OFT OF LOT 17 Assessor's Property Tax Parcel/Account Number 00614300001501 Number not yet assigned Additional numbers on page After Recording Return to: City of Edmonds Planning Division 121 5's Ave. N, Edmonds, WA 98020 ACCESS AND PARKING EASEMENT GRANTOR: Cresswell Ventures LLC GRANTEE: NOVA Family Resource and Childcare Center Grantor Legal Description: Abbreviated Form: WILLOWDALE GARDENS DIV I BLK 000 D-01. LOT 15 EXC W 318FT THOF TGW N 126FT OF LOT 16 & N 25OFT OF LOT 17. Additional Legal is on Exhibit A attached to document Assessor's Tax Parcel ID No. 00614300001501 Reference Number(s) of Related Documents(s): N/A Grantee Legal Description: Abbreviated Form: WILLOWDALE GARDENS DIV I BLK 000 D-04 - S 50 FT OF N 176 FT OF LOT 16 Additional Legal is on Exhibit B attached to document Assessor's Tax Parcel ID No. 00614300001604 Reference Number(s) of Related Documents(s): NIA This ACCESS AND PARKING EASEMENT ("Apxeement") is made and entered into this day of , 2023, by Cresswell Ventures LLC, ("Grantor") and NOVA Family Resource and Childcare Center ("Grantee'). RECITALS A. Grantor is the owner of the real property described in Exhibit A attached hereto (the "Burdened Property"). B. Grantee is the tenant of the real property described in Exhibit B attached hereto (the "Benefited Property"), which property Grantee leases from Grantor under a lease dated _, 2023 (the "Lease"). C. Grantee received conditional use permit approval through PLN2023-0038 to allow NOVA Family Resource and Childcare Center to operate a day-care facility at 21010 766' Ave W. D. There are insufficient parking stalls at 21010 76a' Ave W to supply the full required number of stalls for day-care use. E. Prestige Care Skilled Nursing Facility at 21008 76'h Ave W has parking in excess of code required parking stalls. F. 21008 76' Ave W has sufficient parking stalls for both uses. Grantor desires to grant an easement for the benefit of Grantee's leasehold interest for the purposes and on the terms and conditions described herein. FA. W1U31v'I ►401 1. Grant of Easement. For and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants and conveys to Grantee, a nonexclusive easement for a term of years for access and parking (the "Easement") across, over, and upon the existing access and parking improvements upon Grantor's property described on Exhibit A attached hereto (also referred to as the "Easement Area"). The term of this Easement shall be coextensive with the term of the Lease, including any extensions or early terminations. 2. Purpose and Scope of Easement. Grantee shall have the nonexclusive right to use the parking lot in the Easement Area to service and access the Benefitted Property. Specifically, Grantee shall have the right to reserve four (4) spaces in the parking lot for its own exclusive use during Grantee's operating hours. 3. Grantor's Use of Easement Area. Except as provided in Section 2, Grantor reserves the right to use the Easement Area for its own parking needs and for any other purpose not inconsistent with the rights herein granted; provided that, within the Easement Area, Grantor shall not erect or maintain any signage, permanent structure, or obstruction that would materially interfere with Grantee's use of the Easement Area. 4. Reciprocal Ipdgmnity. Grantor, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by Grantee, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of Grantor or Grantor's officials, officers, directors, employees or agents, or the concurrent negligence of Grantor or Grantor's officials, officers, directors, employees or agents, to the extent of such concurrent negligence. Grantee, through Grantee's choice of capable legal counsel, shall protect, defend, indemnify and hold Grantor harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by Grantor arising out of Grantee's use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of Grantor or Grantor's officials, officers, directors, employees or agents to the extent of such concurrent negligence. Grantee agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the Grantor only, and only to the extent necessary to provide the Grantor with a full and complete indemnity of claims made by the Grantee's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Grantor shall give Grantee prompt written notice of any suit or proceeding entitling Grantor to indemnification pursuant to this Section 4 and Grantee shall thereafter defend Grantor in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. GRANTEE, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by GRANTOR, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, or the concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, to the extent of such concurrent negligence. GRANTOR, through GRANTOR'S choice of capable legal counsel, shall protect, defend, indemnify and hold GRANTEE harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by GRANTEE arising out of GRANTOR's use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents to the extent of such concurrent negligence. GRANTOR agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is "2" specifically and expressly intended to constitute a waiver of GRANTOR's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the GRANTEE only, and only to the extent necessary to provide the GRANTEE with a full and complete indemnity of claims made by the GRANTOR's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. GRANTEE shall give GRANTOR prompt written notice of any suit or proceeding entitling GRANTEE to indemnification pursuant to this Section 4 and GRANTOR shall thereafter defend GRANTEE in said suit or proceeding at its sole cost and expense to the extent required under this Section 4_ 5. Notice. Any notice permitted or required to be given by either party to this Agreement shall be given in writing and may be effected by certified United States mail, with return receipt requested, properly addressed, postage prepaid, by reputable overnight delivery service, or by personal delivery, as follows: If to Grantor: If to Grantee: or to such other address or to such other person's attention of which notice was given in accordance with this section. Notice shall be deemed effective upon three (3) days after being properly delivered as described above. 6. Attome 's Fees and Costs. If either party shall bring an action to enforce the terms of this Agreement, in any such action the prevailing patty shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. Said costs and attorneys' fees shall include, without limitation, costs and attorneys' fees incurred in any appeal or in any proceedings under any present or future federal bankruptcy, forfeiture or state receivership or similar law. 7. Governing Law. This Agreement shall be governed by Washington law. 8. SeverabiliM All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions. 9. Automatic Termination of Easement. This Easement shall automatically terminate upon the termination of the Lease. In the event of such termination, the parties hereto agree to execute all documents necessary to document the termination and remove the encumbrance from title. -3- 10. Amendment,• Recording. This Agreement may be amended or modified only by written instrument, executed and acknowledged by the parties hereto or their successors or assigns, recorded with the Snohomish County Auditor. If. Head. The headings used herein are for convenience only and are not to be used in interpreting this Agreement. 12. EntireA rmement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements with respect to the matters described herein. 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, but which together shall constitute one and the same instrument. 14. Dispute Resolution. Before commencing any suit to resolve a dispute arising out of this Agreement, the Parties shall attempt to resolve the matter through mediation. GRANTOR: r._ i,,dn ' < GRANTEE: Nolm 1`E'j(7��a CI�L�CtlCltre By: iC Lk` a r_ STATE OF k �k ) } ss. COUNTY OF ) [ / I certify that 1 know or have satisfactory evidence that f l i is the person who appeared before me, and said person a6mowledg that he/she signed thi instrument, on oath stated that he/she was authorized go exee ute the instrument and acknowledged it as the of N6 AAen 1V c✓Mo be the free and voluntary act of such party for the uses and pu oses n, entioned in the instrument. Dated: f 2 RASHAD WASHINGTON NOTARY PUBLIC STATE OF WASHINGTON License Number 21010933 My Commission Expires March 31, 2025 (Use this apace for noww stamp/seal) STATEOFjjnC.?k; • COUNTYOF1� 1 Notary Public A�I Print Name V� My commission expires ss. I certify that I know or have satisfactory evidence that W i II t a ✓ ., lis the person who appeared before me, and said person acknowledged that he/she signed this instrdmcut, on oath stated that he/she was authorized 4o execute Lbr instrument and acknowledged it as the pl";,.,; q� of Sto be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated. /10 10 23 , RASHAD WASHINGTON NOTARY PUBLIC STATE OF WASHINGTON License Number 210109$3 My Commission Expires March 31, 2025 (u. this Beau for notanal ammpleeal) Notary Public Print Name + d1 0g t I i 4 My commission expires a-,4 Z02S _5_ Exhibit A BURDENED PROPERTY Parcel A; LOT 15 AND THE NORTH 126 FEET OF LOTS 16 AND 17 OF WILLOWDALE GARDENS DIVISION NO.1 ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 72, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THE WEST 318 FEET OF SAID LOT 15. Parcel B: THE SOUTH 124 FEET OF THE NORTH 250 FEET OF LOT 17 OF WILLOWDALE GARDENS DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS AT PAGE 72, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON Exhibit B BENEFITED PROPERTY