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<br /> Page 6 of 42 FINAL 2/21/25 Agreement No. 2025-02 <br />The City has entered into a Safe Harbor Agreement (SHA) with the U.S. Fish and <br />Wildlife Service (USFWS) and a Cooperative Habitat Enhancement Agreement <br />(CHEA) with Washington State Department of Natural Resources (DNR) to address <br />Chaplain Tract land management and conservation relating to compliance with the <br />Federal Endangered Species Act. The activities to be carried out under this Contract are <br />located within the City’s SHA and CHEA area and are subject to the terms and <br />conditions of the SHA and CHEA, and the Incidental Take Permit issued by USFWS. <br />All SHA and CHEA materials are available for review at the City of Everett Public <br />Works Building at 3200 Cedar St., Everett, WA. <br /> <br />By signing this Contract, Purchaser agrees to comply with the terms and conditions of <br />the SHA and CHEA and the Incidental Take Permit, which shall become terms of this <br />Contract. The City agrees to authorize the lawful activities of the Purchaser carried out <br />pursuant to this Contract, PROVIDED the Purchaser remains in compliance with the <br />terms and conditions of both the SHA and CHEA and the Incidental Take Permit. The <br />requirements set forth in this Contract are intended to comply with the terms and <br />conditions of the SHA and CHEA and the Incidental Take Permit. Accordingly, non- <br />compliance with the terms and conditions of the SHA or CHEA or the Incidental Take <br />Permit will render the authorization provided in this paragraph void, be deemed a breach <br />of the Contract and may subject Purchaser to liability for violation of the Endangered <br />Species Act. <br /> <br />Any modifications to the Contract shall be proposed in writing by Purchaser, shall <br />continue to meet the terms and conditions of the SHA and CHEA and the Incidental <br />Take Permit, and shall require an amendment signed by the Mayor of the City before <br />taking effect. <br /> <br />G-63 Incidental Take Permit Notification Requirements <br />a. Purchaser shall immediately notify the Contract Administrator of new <br />locations of permit species covered by the Incidental Take Permits (ITP) that <br />are discovered within the area covered by the SHA and CHEA including, but <br />not limited to: locations of occupied murrelet habitat and; spotted owl nests. <br />Purchaser is required to notify the Contract Administrator upon discovery of <br />any fish species found in streams or bodies of water classified as non-fish <br />bearing. In all circumstances, notification must occur within a 24 hour time <br />period. <br />b. Upon locating any live, dead, injured, or sick specimens of any permit species <br />covered by the ITP, Purchaser shall immediately notify the Contract <br />Administrator. Purchaser shall notify the Contract Administrator if there is <br />any doubt as to the identification of a discovered permit species. Purchaser <br />may be required to take certain actions to help the Contract Administrator <br />safeguard the well-being of any live, injured or sick specimens of any permit <br />species discovered, until the proper disposition of such specimens can be <br />determined by the Contract Administrator. Any such requirements will be <br />explained to Purchaser by the Contract Administrator during the Pre-Work