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