Resolution 5871 - Laserfiche WebLink

Leachate System Reconstruction shall occur within five (5) months after completion and removal of the Phase 1 surcharge soils from the Main Area. (h) On the properties conveyed, dedicated or subject to easements granted by OM, design and install the improvements shown on Exhibit I attached hereto. Substantial completion of the major elements shall occur within thirty-six (36) months after the City has obtained the required non-City governmental approvals, which the City agrees to reasonably diligent efforts to obtain. (i) Restore the wetland area studied to the standards set forth in the Snohomish Riverfront Properties at Bigelow Creek: Conceptual Enhancement Program study (the "Wetland Restoration"). Substantial completion of the major elements of the Wetland Restoration shall occur within thirty-six (36) months after the City obtains the required non-City governmental permits and approvals, which the City agrees to reasonably diligent efforts to obtain. (j) Complete the work to be performed by the City pursuant to the Environmental Indemnification and Landfill Agreement (the "City's Environmental Work"). Substantial completion of the City's Environmental Work shall occur by the deadlines set forth in the Environmental Indemnification and Landfill Agreement. The particular specifications and requirements for the City Work will be determined in connection with Development Review (including but not limited to environmental review undertaken pursuant to Chapter 43.21C RCW). The City will as a matter of contract require that all work will confirm to all applicable local, state and federal requirements. Subject to and in accordance with such further review and analysis, the City agrees to use reasonable efforts to complete the City Work in a timely manner and in substantial accordance with the requirements of this Agreement. The construction of the City Work shall be performed in a good and workmanlike manner by responsible design professions, engineers and contractors selected by the City in accordance with its selection process. Notwithstanding anything herein to the contrary, the City shall have no obligation to undertake or perform the City Work if OM does not obtain the PDO and all other Key Development Permits, including, without limitation, entering into a Rezone Development Agreement with the City. If despite the City's best efforts, BNSF fails to remove or relocate the tracks as and by the dates referenced in Sections 18.1(b) and 18.1(c) above, then the City agrees, at its sole cost and expense, to promptly exercise all available legal rights and remedies, including but not limited to self help remedies to the extent legally permissible, to complete the removal or relocation of the tracks or to compel BNSF to complete such removal and relocation as soon as possible and shall keep OM apprised on a timely basis of all such efforts to remove or relocate the tracks an/or to legally compel BSNF's full performance under the BNSF Agreement. 18.2 No Warranties Regarding City Work The City does not and will not provide any express or implied warranties to OM regarding the City Work, including, without limitation, the absences of any defects in the design -44- 06107-0063 LE_GALI3023969.1