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1? <br />GENERAL TRANSFER AGREEMENT <br />THIS GENERAL TRANSFER AGREEMENT (this "Agreement") is made and entered <br />into as of the day of , 2014 (the "Effective Date") by and between <br />the PORT OF EVERETT, a port district organized under the laws of the State of Washington <br />("Port") and the CITY OF EVERETT, a municipal corporation organized under the laws of the <br />State of Washington ("City"). <br />RECITALS <br />A. The Port is the owner of the majority of that certain commercial property located <br />in the City of Everett, Snohomish County, and commonly known as the Riverside Business Park, <br />the legal description of which is described on Exhibit "1" attached hereto and incorporated <br />herein by this reference (hereinafter referred to as the "Riverside Business Park"). <br />B. The Port and the City have engaged in extensive negotiations with respect to the <br />City's interest in obtaining a water easement from the Port to serve the Tulalip Tribes. The <br />parties have reached multiple agreements regarding several discreet matters concerning the <br />City's and the Port's future rights, interests, and responsibilities with respect to the Riverside <br />Business Park. <br />C. The Port and the City have also engaged in extensive negotiations regarding <br />public access at Riverside Business Park. The Port and City anticipate that these will culminate <br />in execution of public access agreement(s) soon after the Effective Date of this Agreement. <br />D. The general purpose of this Agreement is to set forth and outline the multiple <br />agreements entered into by and between the Port and the City with respect to the future rights, <br />duties, and operations occurring on, adjacent, or with respect to the Riverside Business Park. <br />AGREEMENT <br />NOW, THEREFORE, for and in consideration of the foregoing premises, the parties <br />hereto agree as follows: <br />1. BNSF Overpass Agreement and Easement Agreement for Broadway Bridge <br />("Riverside Overpass"). <br />1.1 BNSF Riverside Overpass. BNSF Railway Company, a Delaware <br />corporation ("BNSF"), owns and operates a line of railroad in and through the City of Everett. <br />The Port owns what is commonly referred to as the Riverside Overpass, which is adjacent to the <br />Riverside Business Park and connects Riverside Business Park to public right-of-way, across a <br />private easement. The overpass is more technically described as Riverside Overpass, DOT No. <br />085002Y. <br />5 <br />61 <br />