|
2 INTERLOCAL AGREEMENT BETWEEN
<br /> THE TULALIP TRIBES OF WASHINGTON
<br /> AND THE CITY OF EVERETT
<br /> FOR MANAGING THE CONSTRUCTION OF
<br /> THE EVERETT TO TULALIP WATERLINE
<br /> d
<br /> • Inte ocal Agreement ("Agreement")is entered into this 0 day of
<br /> , 2006, between the City of Everett, a first class charter city
<br /> duly organized and existing under and by virtue of the Laws of the state of Washington
<br /> and the charter of the City of Everett (the "City"), and The Tulalip Tribes of Washington,
<br /> a federally recognized Indian tribe, organized and existing under its inherent authority
<br /> and the Constitution and Bylaws of the Tulalip Tribes approved by the United States
<br /> Commissioner of Indian Affairs and the Secretary of the Interior on January 24, 1936,
<br /> pursuant to the Act of June 18, 1934 (48 Stat. 984, 25 U.S.C. §476) (the"Tribe").
<br /> RECITALS
<br /> WHEREAS, on September 19, 2003 the Tribe and the City signed an
<br /> Governmental Alliance wherein they recognized that mutual support of social, cultural,
<br /> economic, health, and educational issues are of vital importance to their respective
<br /> communities and that, among other things, the parties pledged to cooperate in a manner
<br /> that secured a mutual relationship that builds trust and enhances their respective
<br /> governmental stability and seeks economic benefit for their respective people; and
<br /> WHEREAS, the Tribe and the City, in February, 2004, concluded a Final
<br /> Agreement settling disputes concerning the City's Shoreline Master Program and future
<br /> development of the City's riverfront properties which balanced prudent development with
<br /> prudent environmental safeguards and enhancements; and
<br /> WHEREAS,the Tribe and the City cooperated to resolve the City's proposed
<br /> change of point of diversion and use of water rights acquired by he City from Public
<br /> Utility District No.1 of Snohomish County,the so called Beverly Park and P.U.D. water
<br /> rights; and
<br /> WHEREAS, on September 16, 2005 the Tribe and the City executed the
<br /> agreement entitled "Agreement for Settlement, Water Supply and Water Delivery System
<br /> between the Tulalip Tribes of Washington and the City of Everett, Washington"
<br /> ("Settlement Agreement")where the City agreed (TB., 1. and ¶C., 1.)to divert, treat and
<br /> deliver to the Tribe up to 30 million gallons per day average annual rate or 36 million
<br /> gallons per day during peak periods and together plan,permit, design, engineer and
<br /> construct a transmission line to deliver such volume of water to the Tribe; and
<br /> WHEREAS, in the Settlement Agreement of September 16, 2005,the Tribe and
<br /> the City each agreed (¶ D., 1.) to place $1,000,000.00 in an account at a mutually agreed
<br /> upon bank, by March 1, 2006, $1,200,00.00 each by March 1, 2007 and$2,800,00.00
<br /> each by March 1, 2008, the arrangement governing the handling and distribution of the
<br /> 4 1
<br />
|