Port of Everett 1/3/2022 - Laserfiche WebLink

B. The Port is granting the Temporary Construction License and Easement to the City on a portion of the property known as Norton Terminal, located along West Marine View Drive and approximately between 23rd Avenue and Everett Avenue in Everett Washington, and legally described on Exhibit A attached hereto (the "Property"), for the purpose of constructing, maintaining and repairing utility pipelines and associated improvements (the "Project"). The Property and adjacent areas are designated as the Kimberly-Clark Worldwide Site(the"Site")and were previously occupied by Kimberly-Clark Worldwide, Inc. ("K-C"), and are subject to, and have undergone certain environmental remediation actions, in accordance with Agreed Order No. DE 9476 dated December 20,2012,issued by the Washington Department of Ecology("Ecology") pursuant to the Model Toxics Control Act("MTCA"), chapter 70A.305 RCW, as amended by the First Amendment to Agreed Order dated November 25, 2019 and the Second Amendment to Agreed Order dated May 18, 2021 (as amended, the "Agreed Order"). A list of environmental documents, including the Agreed Order, with hyperlinks to the documents, is attached hereto as Exhibit B. C. On July 31, 2019 the City acquired the northern portion of the Site from K-C, and on March 10,2020 Ecology named the City as a potentially liable party("PLP")under MTCA for the Site. On October 31,2019 the Port acquired the remainder of the Site from K-C,and on March 10, 2020 Ecology named the Port as a PLP for the Site. AGREEMENT 1. Development of the Project and Communications with Ecology. (a) The City agrees to consult with Ecology and the Port regarding the design and construction of the Project and to ensure such design and construction is consistent with applicable MTCA requirements and does not interfere with reasonably foreseeable remedial actions Ecology may require at the Property provided, however, that the Parties' rights and obligations regarding use of and access to the License Area(as defined in the Temporary Construction License) during the Term of the Temporary Construction License are as set forth in the Temporary Construction License. The City shall comply with all requirements imposed by Ecology related to the Property in connection with the Project, and obtain any necessary approvals from Ecology. (b) K-C carried out remedial actions including removal of contaminated soils at the Site under the Agreed Order, and that as a result of those remedial actions and currently available data, the Port expects Ecology to limit further active remedial actions at the Site uplands to the capping and other items required under the Second Amendment to the Agreed Order (c) The City and Port shall provide the other party with at least five (5)business days' notice of any meetings, and seventy-two (72) hours' notice of any conference calls, with Ecology regarding the Project. The parties shall be allowed to attend and fully participate in such meetings and calls. For meetings or calls with Ecology related to urgently needed actions during construction, the City and Port shall endeavor to provide the other party with as much advance -2 - 112375963.8 0073013-00041