2025/01/29 Council Agenda Packet

INTERLOCAL AGREEMENT BETWEEN THE PORT OF EVERETT, CITY OF EVERETT, AND SNOHOMISH COUNTY FOR OPERATION AND MAINTENANCE OF JETTY LANDING LAUNCH This Interlocal Agreement (“Agreement”) is made by and between the PORT OF EVERETT, a Washington municipal corporation (“Port”), the CITY OF EVERETT, a Washington municipal corporation (“City”), and SNOHOMISH COUNTY, a political subdivision of the State of Washington (“County”). The Port, the City, and the County are collectively referred to herein as the “Parties” or individually as a “Party.” RECITALS A. The Parties own, as tenants-in-common with each party holding title to a one-third undivided interest, the property commonly known as the Jetty Landing Launch, which is located at 10th Street and West Marine View Drive, Everett, Washington and is legally described in Exhibit A (“Premises”). B. The Parties have provided and deem it important to continue providing recreation and related facilities for use by the general public at the Premises. The Parties acknowledge that making the Premises available for use by the general public requires the Parties to operate, maintain, and, from time to time, make improvements to the Premises. C. By this Agreement, the Parties desire to delineate the day-to-day responsibilities of the Parties and provide a procedure for identifying and completing larger improvements that fall outside of realm of contemplated day-to-day tasks. D. The Parties are permittees under National Pollutant Discharge Elimination System and State Waste Discharge General Permits issued by the Washington State Department of Ecology (“Ecology”). The County is a Phase I Municipal Stormwater Permit permittee. The City is a Western Washington Phase II Municipal Stormwater Permit permittee. The Port is a Western Washington Phase II Municipal Stormwater Permit secondary permittee. The Parties’ permits, along with any successor or replacement permits, are referred to collectively as “the Stormwater Permits.” The Parties intend for the Port to perform those obligations identified in this Agreement and its exhibits that arise under the Stormwater Permits related to the Premises. TERMS & CONDITIONS IN CONSIDERATION of the mutual promises and performances provided herein, the Parties hereto for themselves, their assigns and successors in interest, agree as follows: 1. TERM. This Agreement shall commence upon execution by the Parties and filing pursuant to RCW 39.34.040 or once posted on the County’s Interlocal Agreements website and shall remain in effect in perpetuity unless sooner terminated as provided in this Agreement. This Agreement may be terminated for any reason at any time by any of the Parties upon sixty (60) days’ prior written notice by one party to the others. 2. DECISION MAKING. The Port, County, and City shall each appoint one person to serve on a management advisory committee (“Committee”) to make recommendations to the Parties regarding the Premises. The Committee shall meet at least quarterly to discuss the operation and