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Port of Everett 1/3/2022
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Port of Everett 1/3/2022
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Last modified
2/26/2024 7:10:12 AM
Creation date
2/18/2022 8:54:19 AM
Metadata
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Contracts
Contractor's Name
Port of Everett
Approval Date
1/3/2022
Council Approval Date
12/22/2021
Department
Public Works
Department Project Manager
Souheil Nasr/Tim Benedict
Subject / Project Title
Norton Terminals
Public Works WO Number
UP3768
Tracking Number
0003194
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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City hereby authorize the following documents with respect to the Pipeline Project: (1)the <br /> Easement Agreement(Combined Sewer Line), a form of which is attached hereto as <br /> Attachment B (the"Easement"); (2)the Environmental Indemnification Agreement, a form of <br /> which is attached hereto as Attachment C; and(3)the Temporary Construction License, a form <br /> of which is attached hereto as Attachment D. The Parties shall,prior to the commencement of the <br /> Pipeline Project,duly execute (and acknowledge and deliver for recording, as applicable)the <br /> Temporary Construction License and the Environmental Indemnification Agreement in form <br /> substantially as provided in Attachments C and D, and with legal descriptions corrected as <br /> necessary by the Parties. The Port shall,upon completion of the Pipeline Project, deliver the <br /> Easement to the City for recording, duly executed and acknowledged by the Port, in a form <br /> substantially as provided in Attachment B, and with the legal description and exhibits in <br /> Attachment B corrected as necessary by the Parties for as-built conditions. <br /> 5. COMMUNICATIONS <br /> In the event that there are notices or communications that need to be made, the following parties <br /> will be contacted: <br /> To the City: Souheil Nasr,P.E.,Utilities Engineering Manager, Public Works; (425)257-7210 <br /> To the Port: Erik Gerking, Director of Environmental Programs; (425) 388-0604 <br /> 6. THIRD PARTY BENEFICIARIES <br /> There are no third-party beneficiaries to this Agreement, and this Agreement shall not be <br /> interpreted to create any third-party beneficiary rights. <br /> 7. EFFECTIVE DATE,DURATION AND TERMINATION <br /> (a) Effective Date. As provided by RCW 39.34.040,this Agreement shall not take <br /> effect unless and until it has: (i)been duly executed by both Parties, and(ii)has been filed with <br /> the City's interlocal agreements website. <br /> (b) Duration. This Agreement shall be perpetual. <br /> (c) Termination. Neither the City nor the Port may terminate this Agreement without <br /> the prior written consent of the other. <br /> 8. AMENDMENTS TO THIS AGREEMENT <br /> The City and Port recognize that amendments to this Agreement may be necessary. Any <br /> amendment to this Agreement must be mutually agreed upon and executed in writing by the <br /> Parties. <br /> Interlocal Agreement <br /> Page 2 <br /> 111635342.11 0073013-00041 <br />
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