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<br /> 1 <br />INTERLOCAL AGREEMENT <br />UNION SLOUGH LEVEE REHABILITATION SNO-01-21 <br /> <br />This Interlocal Agreement Regarding Union Slough Levee Rehabilitation SNO-01- <br />21 (this “Interlocal Agreement”) is dated for reference purposes as of date of last <br />signature below, by and between the CITY OF EVERETT, a Washington municipal <br />corporation (the “City”), and DIKING IMPROVEMENT DISTRICT NO. 5 of SNOHOMISH <br />COUNTY, a Washington special purpose district (the “Diking District”). <br />RECITALS <br />A. The Diking District is located generally east of the Snohomish River and <br />west of Union Slough, including Smith Island and the City’s water pollution control <br />facility. The Diking District is governed by three commissioners. The City owns over half <br />of the property within the Diking District’s present boundaries. The City and Diking <br />District agree coordinated ownership and control of the flood control systems <br />protecting and benefiting the lands on Smith Island is in the public interest. <br />B. The Diking District is entering into a Cooperative Agreement “Union <br />Slough Levee Rehabilitation SNO-01-21” (the “USACE Agreement”) with the U.S. Army <br />Corps of Engineers (“USACE”) for repair of approximately 455 linear feet of levee to <br />restore the level of protection, as generally described in Project Information Report <br />Rehabilitation of Flood Control Works, Union Slough Levee, SNO-01-21, dated <br />September 24, 2021 and approved by the USACE Deputy Commander for Northwestern <br />Division on October 4, 2021, and any amendments or revisions thereto. This repair <br />work is referred to in this Interlocal Agreement as the “Rehabilitation Work” or <br />“Project.” The Project appears to be located within WSDOT ROW. <br />C. Under the USACE Agreement, the Diking District must pay a 20% share of <br />“cost shared rehabilitation costs.” This 20% share is projected in the USACE Agreement <br />to be $100,280, which includes creditable in-kind contributions projected to be in the <br />range of $18,000 - $45,000, meaning that the Diking District’s required payment is <br />projected to be $82,280 on the high end. <br />D. Under the USACE Agreement, the Diking District must also obtain express <br />easement rights from the Washington State Department of Transportation (“WSDOT”) <br />transverse to SR 529 and along the river for the levee area subject to the Rehabilitation <br />Work (the “WSDOT Easement Rights”). WSDOT through Brian D. Nielsen, PE Regional <br />Administrator, Northwest Region, has expressed full support for the Work proposed, <br />and states it is lawfully empowered and fully committed to convey a permanent <br />easement to the District via a letter dated April 24, 2025 with a subject line ICN 1-31- <br />17566 Union Slough – Grant of Easement for Levee Repair. There may be several <br />mechanisms to do this, either (a) disposal statutes under RCW 47.12.063, 47.28.050, <br />and 47.12.283, and related process in the Right of Way Manual (M26-01.27), (b) RCW <br />79.36.540 - .560, or (c) perhaps eminent domain under RCW 85.38 and related <br />applicable eminent domain statutes.