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presence of hazardous substances in the Riverside Business Park not released by the City, such <br /> as for example all costs related to the handling and disposal of arsenic-contaminated excavation <br /> soils; (2) all costs related to the operation,maintenance and replacement of the Stormwater Pond; <br /> (3) all costs related to operation, maintenance and replacement of the outfall into the Snohomish <br /> River connected to the Stormwater Pond, including costs associated with any clean-up of the <br /> discharge area of the outfall; and (4) all costs related to the operation, maintenance and <br /> replacement of stormwater pump stations. <br /> 4.5.3 Stormwater System Capacity. The parties acknowledge that the Port of <br /> Everett Riverside Business Park Stormwater Site Plan (Comprehensive Hydraulics Report) <br /> revised April 2000 accurately states the capacities of the Stormwater Detention Pond and other <br /> associated stormwater infrastructure. <br /> 5. Sanitary Sewer System. <br /> 5.1 Sanitary Sewer Easement. Presently existing within the Riverside <br /> Business Park is a sanitary sewer system and associated equipment. The Port shall grant to the <br /> City, by recordable document, substantially in the form attached hereto as Exhibit "12," a non- <br /> exclusive utility easement for the general purpose of sanitary sewer access, maintenance, and <br /> operation of(the "Sanitary Sewer Easement"). The Sanitary Sewer Easement does not include <br /> Lot 8. As described in Section 5.4 below, the City does not intend to operate or maintain the <br /> sanitary sewer system within Lot 8. <br /> 5.2 Infrastructure Transfer. <br /> 5.2.1 Definition of Transferred Sewer Infrastructure. For the <br /> purposes of this Agreement, the term "Transferred Sewer Infrastructure" refers to all sanitary- <br /> sewer related infrastructure marked as Transferred Utilities on the attached Exhibit"13". <br /> 5.2.2 Date of Transfer. As of the date of the recording of the Sanitary <br /> Sewer Easement, all of the Port's right, title, and interest in the Transferred Sewer Infrastructure <br /> are transferred and conveyed to the City. <br /> 5.2.3 Transferred Sewer Infrastructure Free and Clear. The Port <br /> warrants that the Transferred Sewer Infrastructure as of the recording date of the Sanitary Sewer <br /> Easement are free and clear of all liens and all other monetary encumbrances. The Port warrants <br /> the Transferred Sewer Infrastructure will not become subject to any liens or other monetary <br /> encumbrance arising from the construction and installation of the Transferred Sewer <br /> Infrastructure. <br /> 5.2.4 Transfer of Warranties. As of date of recording of the Sanitary <br /> Sewer Easement, the Port assigns to the City all warranties by contractors or suppliers or others <br /> related to the construction and installation of the Transferred Sewer Infrastructure. If a warrantor <br /> later asserts that its warranty cannot be assigned to the City,then the Port will, at the request and <br /> cost of the City and in coordination with the City, take all reasonable steps to enforce the <br /> warranty on behalf of the City. <br /> 10 119 <br />