Laserfiche WebLink
<br /> 3 <br />revised budget) pre-approved in writing by the Diking District and the City’s Public <br />Works Director or designee, with such approvals not unreasonably withheld, delayed or <br />conditioned. <br />B. WSDOT Easement Rights Reimbursement. The City will reimburse <br />the Diking District for amounts the Diking District pays to WSDOT or otherwise incurs to <br />obtain the WSDOT Easement Rights that are required under the USACE Agreement, <br />whether through WSDOT processes, eminent domain, or otherwise. This <br />reimbursement includes reasonable attorney’s fees, expert, appraisal, surveying, and <br />other similar expenses for the acquisition of the real estate interests needed, whether <br />through application, negotiation, and/or eminent domain. The District will not acquire <br />the culvert or tidegate under the dike/levee in the Project area. For clarity, the District <br />will not be responsible for maintenance , repair, changes, or improvements to the <br />culvert or the tidegate in the vicinity of the Project area. <br />(1) The City is not obligated to reimburse for payment to <br />WSDOT for WSDOT Easement Rights in excess of a total of $75,000, unless such excess <br />amount is contained in a budget (or revised budget) pre-approved in writing by the <br />Diking District and the City’s Public Works Director or designee, with such approvals not <br />unreasonably withheld, delayed or conditioned. <br />(2) The City is not obligated to reimburse for other costs <br />under this Section 1.B (such as costs of surveying, attorneys’ fees or expert costs) in <br />excess of a total of $100,000, unless such excess amount(s) are contained in a budget <br />(or revised budget) pre-approved in writing by the Diking District and the City’s Public <br />Works Director or designee, with such approvals not unreasonably withheld, delayed or <br />conditioned. This budget will identify the professionals, consultants, attorneys and <br />experts to be used by the Diking District. <br />(3) Reimbursement under this Section 1.B is due after the <br />USACE Agreement is fully executed and the Diking District has acquired the WSDOT <br />Easement Rights. <br />C. Other Reimbursement. The City is not obligated to reimburse for <br />other costs not covered under Sections 1.A or 1.B in excess of a total of $10,000, unless <br />such excess amount(s) are contained in a budget (or revised budget) pre-approved in <br />writing by the Diking District and the City’s Public Works Director or designee, with <br />such approvals not unreasonably withheld, delayed or conditioned. <br />2. Mitigation Credits. To the extent that the Rehabilitation Work requires <br />mitigation credits, and credits are available, the Diking District may provide mitigation <br />credits from its own mitigation site(s). In accordance with Section 1.A above, the City <br />will reimburse the Diking District for mitigation credits used as in kind contribution <br />toward the District’s 20% share at the amount assigned to the contribution by USACE. <br />Regardless of any other agreement between the City and the Diking District to contrary, <br />the City has no obligation to sell mitigation credits from City mitigation sites to the <br />Diking District for the Rehabilitation Work.