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1 <br />INTERLOCAL AGREEMENT BETWEEN <br />THE PORT OF EVERETT, SNOHOMISH COUNTY, AND THE CITY OF EVERETT <br />REGARDING COST SHARING FOR <br />JETTY LANDING PARK PLAYGROUND <br /> <br /> This Interlocal Agreement (hereinafter the “Interlocal Agreement”) is entered into this <br />____ day of ______ 2023, by and between the Port of Everett, a municipal corporation, hereinafter <br />referred to as “Port,” Snohomish County, a political subdivision of the State of Washington, <br />hereinafter referred to as “County,” and the City of Everett, a first-class charter city, hereinafter <br />referred to as “City.” The Port, the County and the City may collectively be referred to herein as <br />the “Parties.” <br /> <br />RECITALS <br /> <br />WHEREAS, it is in the public’s interest for these Parties, as public entities, whenever <br />possible and practicable, to share facilities and resources; and <br /> <br />WHEREAS, Jetty Landing facilities are owned in common by the Port, the County and <br />the City for the benefit of the public (such common-owned property, the “Property”); and, <br /> <br />WHEREAS, pursuant to the powers accorded to the Port, the County and the City <br />pursuant to Chapter 39.34 RCW, the Parties possess the authority and also have the desire to <br />execute an intergovernmental cooperation agreement for this purpose: <br /> <br /> NOW, THEREFORE, in consideration of the mutual benefits of this Interlocal <br />Agreement, the Parties agree as follows: <br /> <br />SECTION 1. TERMS AND CONDITIONS <br />1.1 The Parties have reviewed and approved plans for a playground on the Property. The Port <br />and County agree to share the costs and expenses for the construction of this Jetty Landing Park <br />Playground (the “Project”) as set forth herein. The Port will pay the costs to construct the Project, <br />which are estimated at $316,566.24. The County agrees to reimburse the Port $50,000 within <br />ninety (90) days after the Port notifies the County and in writing of the completion of the Project. <br />1.2 The Parties agree that Port will be the lead agency and manage the Project to completion. <br />The Port will execute the Project in accordance with all applicable laws. <br />1.3 The Parties agree that the Port will be responsible at the Port’s sole cost for ongoing <br />operation and maintenance of the Project. The Port shall operate and periodically inspect and <br />maintain the Project in accordance with generally accepted schedules and standards for public- <br />owned playgrounds in Washington state. <br />1.4 If all or any portion of the Project is damaged or reaches the end of useful life, the Port at <br />its sole cost shall replace with like kind and quality or may choose to fully remove. The Port shall