Port of Everett 1/3/2022 - Laserfiche WebLink

INTERLOCAL AGREEMENT BETWEEN CITY OF EVERETT AND PORT OF EVERETT RELATING TO NORTON TERMINALS 1. PARTIES This Interlocal Agreement Between the City of Everett and Port of Everett relating to Norton Terminals (this"Agreement")is made by and between City of Everett, a Washington municipal corporation(the"City"),and Port of Everett, a Washington port district(the"Port"). Throughout this Agreement,the City and the Port are each sometimes referred to individually as a"Parry" and collectively as the"Parties." 2. PURPOSE The purpose of this Agreement is to authorize certain actions between the City and the Port with respect to the property known as Norton Terminals, located along West Marine View Drive and approximately between 23rd Avenue and Everett Avenue("Norton Terminals"). The actions include: (a) authorizing the release by the City of certain easements affecting Norton Terminals, as set forth in Attachment A; and(b) authorizing the Port to provide certain construction license and permanent easement for the benefit of the City for the City's to-be-constructed combined sewer line and force main and associated improvements in Norton Terminals(the"Pipeline Project")as set forth in Attachments B and D, subject to the City providing an environmental indemnity as set forth in Attachment C. 3. RELEASE OF EASEMENTS AND ENCUMBRANCES BY THE CITY The City has reviewed certain easements and encumbrances currently affecting Norton Terminals;has determined that the City no longer needs such easements; and has agreed to release the easements in exchange for receiving a new easement as further described herein. The City hereby authorizes the release of the easements and encumbrances, as set forth in and pursuant to the Limited Release and Termination of Easements and Encumbrances, a form of which is attached hereto as Attachment A(the"Release"). The City shall,at the same time as the Parties' execution of the Temporary Construction License(described below)and the Environmental Indemnification Agreement (described below)or such later time as the Parties may mutually agree, deliver the Release to the Port for recording duly executed and acknowledged by the City, in a form substantially as provided in Attachment A and with its Exhibit A and Exhibit B corrected as necessary by mutual agreement of the City Attorney and the Port's attorney to include the legal description and all Unneeded Rights (as defined in the Release). 4. EASEMENT TO THE CITY FOR COMBINED SEWER LINE The City is planning to construct and install the Pipeline Project,which will run approximately 2,000 linear feet within Norton Terminals. The City has requested temporary construction and permanent easements from the Port,and the Port has agreed to provide such easements,provided that the parties will enter into an environmental indemnification agreement. The Port and the Interlocal Agreement Page 1 111635342.110073013-00041