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_ o7X�.� S��-d��-b�,:.�'l _ F�ze <br />�,.e,., fo S< <...�-e ��F �'. c np� <br />— c �-ty c�.�. yL,e, �=°' <br />MEMORANDUM OF AGREEMENT REGARDING SEWER WORK IN <br />THE VICINITY OF LINCOLN FIE;LD <br />This Agreement is by and between the City of Evcrett ("Ciry"), and tFe Everett School District <br />No. 2 ("DistricP') <br />WHEREAS, the Distric[ owns a gras: ilay field in north Everett un the ciry block between <br />Rockefeller Ave and Oakes Ave from 25th ;i w 26th St.("Lincoln Field"); and <br />WHEREAS, the District intends to renovate Lincoln Field in the summer and fall of 2003 with <br />backsrops, bleachers, drainage sysrem, and an arlificial turf playing surFace (the "Renovation Project"); <br />and <br />WHEREAS, the City owns a sewer line that cuns north and south through the middle of Lincoln <br />Field ("Existing Sewer Main"); and <br />WHEREAS, the Existing Sewer Main is located in a vacated street right-of-way, for which the <br />City has no recorded easement rights, and if the Existing Sewer Main remained in its current location, <br />fumre repairs would mquire excavation in the wrF areu, with resulting disruption of schedules, <br />inconveniencc and loss of use; and <br />WHEREAS, while the District takes Lincoln Field out of servicc for renovation, the City can <br />abandon the Existing Scwer Main by intercepting the sewerage flow at 25th St and conswcting a new <br />sewer line ("New Sewer Maid') East along 25th St. and connecting to an existing fifteen inch diameter <br />sewer main in the :dley East of Oakes Ave. (the "Sewer ProjecP'), with minimal or no disruption or loss <br />of use to the users of Lincoln Field; :md <br />WHGREA �. the City and the District can save costs by sharing some expenses and :un provide <br />better functionality to their respective facilities, Ihus benefiting the public, by discontinuing the use of the <br />vacateJ street right of way in the middle of Lincoln Field as a sewer main facility location; <br />NOW, THEREFORE, the City and �he Dislrict agree as follows: <br />1. DURATION <br />The term of this Agrcement shall be from the date signed by both parties ro the later of December 31. <br />2004 or the da�c the Se�ver Project is complete, unless carlier Ierniinated pursuant ro this Agreenren[. <br />2. CITY RESPONSIBILITIES <br />The City will design �mJ constnict the Sewer Project by Octoher I5, 2003. The City shall be responsible <br />for obt:iining all pennits and shall pay tor all costs :issociated with �he Sewer Project <br />3. DISTRICT RESPONSIBILITIES <br />A. The District shall reimbune the City for onc h:df of the actual, final costs of the Sewer Project, <br />up ro:� m�iximum of Thirty Pivc Thousand anJ 00/100 Dollars ($35,000.00), within thiny days' of <br />completion ol'the ;ewer Proje�; and receipt by the District of an invoice and sunmiary o( costs incurred <br />15 <br />