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INTERLOCAL AGREEMENT BETWEEN <br />CITY OF EVERETT AND PORT OF EVERETT <br />RELATING TO TRAFFIC CONTROL AND USE OF A <br />PORTION OF FEDERAL AVENUE <br />1. PARTIES <br />This Interlocal Agreement Between the City of Everett and Port of Everett relating to Traffic <br />Control of a Portion of Federal Avenue (this "Agreement") is made by and between City of <br />Everett, a Washington municipal corporation (the "City"), and Port of Everett, a Washington port <br />district (the "Port"). Throughout this Agreement, the City and the Port are each sometimes <br />referred to individually as a "Party" and collectively as the "Parties." <br />2. PURPOSE <br />Subject to applicable law, the purpose of this Agreement is to (a) authorize the Port to block <br />pedestrian and vehicular traffic along a portion of Federal Avenue, as may be needed by the Port <br />in order to satisfy the requirements of the United States Customs and Border Protection (or any <br />successor agency); (b) set forth the terms and conditions that will govern the Port's authority <br />with respect to such traffic control; and (c) permit the Port to install and maintain certain <br />communications utility lines and associated improvements (the "Utilities") within a portion of <br />Federal Avenue. <br />3. TRAFFIC CONTROL <br />The City hereby agrees that the Port may, to the extent necessary to satisfy the requirements of <br />the United States Customs and Border Protection (or any successor agency), temporarily and <br />intermittently block traffic along that certain portion of Federal Avenue, depicted on Attachment <br />A (the "Controlled Area"), subject to applicable law and the following terms and conditions: <br />(a) Except as otherwise provided in this Agreement, the Port may block or otherwise <br />control vehicular and pedestrian traffic in the Controlled Area at any time, twenty-four hours a <br />day, without any prior notice to the City. <br />(b) The Port may not install or establish permanent barriers, gates or other <br />improvements in the Controlled Area or anywhere else in the Federal Avenue right of way. <br />(c) The Port may use security guards, flaggers, and/or other personnel to block or <br />otherwise control vehicular and pedestrian traffic, as determined in its sole discretion. <br />(d) Except as otherwise provided by this Agreement, the City shall not inhibit or <br />prevent the Port's ability to block or otherwise control traffic, without the mutual consent of the <br />Port. <br />During times when Port is not so temporarily and intermittently blocking traffic, the Controlled <br />Interlocal Agreement <br />Page 1 <br />109901896.6 0073013-00041 <br />