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Street/BNSF overcrossing (the "Roundabout") and extend 41st Street to the northwest <br /> corner of the Simpson Site (the "41st Street Extension") with a roadway that includes <br /> curb, gutter, pedestrian and bicycle way, streetlights and storm drainage improvements. <br /> By November 15, 2007, the City will provide a proposed design to OM for the <br /> Roundabout and 41st Street Extension. If OM accepts the City's proposed design by <br /> December 1, 2007, the City shall use its best efforts to substantially complete the <br /> Roundabout and 41st Street Extension by August 11, 2008, but in any event no later than <br /> December 31, 2008. The City will provide OM with temporary construction access to the <br /> Landfill and Simpson site from January 31, 2008 until the Roundabout and 41st Street <br /> Extension are completed. <br /> (d) The City will construct an extension of the roadway from Pacific Avenue <br /> to the northern terminus of the Main Road (the "Main Road Extension"). Substantial <br /> completion of the Main Road Extension will occur within twelve (12) months of the <br /> relocation of the BNSF tracks. The City will provide OM with temporary construction <br /> road in the event the Main Road Extension is not completed within 12 months. <br /> (e) Grade, fill and surcharge the Main Area (which area is defined and <br /> described in the Environmental Indemnification and Landfill Agreement) of the Landfill <br /> Site, including the Main Road surcharge ("Phase 1") as well as grade and fill the <br /> remainder of the Landfill Site north of 41st Street ("Phase 2"). Grading for both Phases <br /> will include but not be limited to: removal/replacement of cap and balance soils across <br /> site, two (2) feet of fill over entire site for drainage and grade with the City providing <br /> temporary erosion and sediment control plan for entire site per City of Everett Standards. <br /> Surcharge of Phase 2 will be conducted in one phase. Preload is estimated to be fifteen <br /> (15) feet high and for a 9 month duration. Surplus material from Phase 1 may be used for <br /> Phase 2. Substantial completion of Phase 1 will occur within twelve (12) months after <br /> OM obtains the site grading plan. which may include provisions for grading activity <br /> restrictions. Substantial completion of Phase 2 will occur within twenty-four(24) months <br /> after OM obtains the site grading plan which may include provisions for grading activity <br /> restrictions. The City shall be entitled to use the fill received from the Contractor <br /> Licenses to fulfill its obligations described herein. Any fill material shall be compacted to <br /> a 95% compaction standard, including surcharge materials that remain on the Main Area <br /> following the surcharge activities. <br /> (0 Complete fill of the Mill Site pursuant to the specifications in the City's <br /> Lease with KLB Construction and grade the Mill Site (the "Mill Site Grading"). <br /> Grading shall include but not be limited to grading, grubbing and balance of soils across <br /> the Mill Site. The City shall provide and implement a temporary erosion and sediment <br /> control plan for the Mill Site per City of Everett standards. Fill must be acceptable <br /> engineered material and be compacted to a 95% standard. Substantial completion of the <br /> Mill Site Grading will occur within six (6) months after OM obtains the site grading plan, <br /> and the relocation of the existing BNSF mainline railroad tracks. <br /> (g) Reconstruct the leachate collection system to accommodate the <br /> transmission of sanitary sewer and 6 month storm water from the retail development on <br /> the Landfill Site ("Leachate System Reconstruction"). Substantial completion of the <br /> -43- <br /> 06107-0063,1 EGA L13023969 1 <br />