2014/05/28 Council Agenda Packet

presence of hazardous substances in the Riverside Business Park not released by the City, such as for example all costs related to the handling and disposal of arsenic -contaminated excavation soils; (2) all costs related to the operation, maintenance and replacement of the Stormwater Pond; (3) all costs related to operation, maintenance and replacement of the outfall into the Snohomish River connected to the Stormwater Pond, including costs associated with any clean-up of the discharge area of the outfall; and (4) all costs related to the operation, maintenance and replacement of stoiinwater pump stations. 4.5.3 Stormwater System Capacity. The parties acknowledge that the Port of Everett Riverside Business Park Stormwater Site Plan (Comprehensive Hydraulics Report) revised April 2000 accurately states the capacities of the Stormwater Detention Pond and other associated stormwater infrastructure. 5. Sanitary Sewer System. 5.1 Sanitary Sewer Easement. Presently existing within the Riverside Business Park is a sanitary sewer system and associated equipment. The Port shall grant to the City, by recordable document, substantially in the form attached hereto as Exhibit "12," a non- exclusive utility easement for the general purpose of sanitary sewer access, maintenance, and operation of (the "Sanitary Sewer Easement"). The Sanitary Sewer Easement does not include Lot 8. As described in Section 5.4 below, the City does not intend to operate or maintain the sanitary sewer system within Lot 8. 5.2 Infrastructure Transfer. 5.2.1 Definition of Transferred Sewer Infrastructure. For the purposes of this Agreement, the team "Transferred Sewer Infrastructure" refers to all sanitary - sewer related infrastructure marked as Transferred Utilities on the attached Exhibit "13". 5.2.2 Date of Transfer. As of the date of the recording of the Sanitary Sewer Easement, all of the Port's right, title, and interest in the Transferred Sewer Infrastructure are transferred and conveyed to the City. 5.2.3 Transferred Sewer Infrastructure Free and Clear. The Port warrants that the Transferred Sewer Infrastructure as of the recording date of the Sanitary Sewer Easement are free and clear of all liens and all other monetary encumbrances. The Port warrants the Transferred Sewer Infrastructure will not become subject to any liens or other monetary encumbrance arising from the construction and installation of the Transferred Sewer Infrastructure. 5.2.4 Transfer of Warranties. As of date of recording of the Sanitary Sewer Easement, the Port assigns to the City all warranties by contractors or suppliers or others related to the construction and installation of the Transferred Sewer Infrastructure. If a warrantor later asserts that its warranty cannot be assigned to the City, then the Port will, at the request and cost of the City and in coordination with the City, take all reasonable steps to enforce the warranty on behalf of the City. 10 66