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KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS TEMPORARY CONSTRUCTION AGREEMENT THIS AGREEMENT, made this day of , 2026, between Windy City Holdings, LLC hereinafter designated as the Grantor, and Kittitas County Department of Public Works, a political subdivision of the state of Washington, hereinafter designated as the Grantee; in consideration of mutual benefits and other valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby grant unto the Grantee, its agents, contractors, subcontractors, and employees a Temporary Construction Agreement for the purpose of ingress and egress over, across, and upon Assessor Tax Parcels No(s): 962710, 962712 described in Exhibit A, which by this reference is incorporated herein. The Grantor also grants to the Grantee, its agents, contractors, subcontractors, and employees the right to use construction and hauling equipment on said property for grading and temporary access improvement for the purpose of construction of the Whiskey Creek Siphon Project (the "Project'); vegetation removal and riparian vegetation planting, and cultural resources survey may also be required on said property for the purpose of constructing the Project. It is hereby understood and agreed this Agreement shall pass with the title of the property in the event the property is sold, leased or ownership is otherwise altered during the life of the construction of the Project, and such Agreement shall be binding upon all assigns and successors in interest. Grantor shall, upon any transfer of ownership and prior to the completion of this Project, provide notice to any successor assigns. Grantee shall provide fifteen (15) days written notice to the Grantor prior to commencement of construction, and shall remain in effect for six months (the "Term"). It is understood and agreed this Agreement shall terminate on December 31, 2028, or until completion and acceptance of the Project, whichever occurs first, for any and all purpose related to the construction of the Project. Upon expiration, Grantee, its agents, contractors, subcontractors and employees shall relinquish all of the rights granted by this Agreement. This Easement may be extended by mutual written consent of the Grantor and Grantee. The Grantee, its agents, contractors, subcontractors, and employees further agree to the following conditions of entry and occupancy: 1) DAMAGE TO PROPERTY Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this Agreement is issued. 2) COOPERATION WITH GRANTOR Shall at all times cooperate with Grantor and comply with reasonable requests not inconsistent with the purpose for which this Agreement is issued. 3) IDENTIFICATION AND REMOVAL OF ALL CRACK WILLOW IN THE EASEMENT AREA. The grantee shall identify and remove all crack willow (Salix fragilis) located within the temporary construction easement during the easement period. 4) CLEANUP All haul roads, turnarounds, and other areas disturbed shall be shaped to original ground contours, as directed by the Engineer. 5) INDEMINIFICATION Grantee agrees to indemnify, defend and hold Windy City Holdings, LLC harmless from and against any and all claims, damages, losses and expenses