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GENERAL TRANSFER AGREEMENT <br /> THIS GENERAL TRANSFER AGREEMENT. (this "Agreement") is made and entered <br /> into as of the / D-day of 't✓tJ- .. , 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, O <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 /> (.0 <br /> 0000006 <br />