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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 /> I, 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 <br /> Attachment A(the"Controlled Area"),subject to applicable law and the following terms and <br /> 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 /> Interlocal Agreement <br /> Page I <br /> 109901896.6 0073013-00041 <br />