Laserfiche WebLink
Port Gardner Bay Outfall Replacement Agreement <br /> 10.2.4.2 Upon the execution of this Agreement, the Participants shall begin the <br /> negotiation and acquisition of the rights of way, easements, and other <br /> property interests for the Joint Use Facilities. <br /> 10.2.4.3 The property rights presently believed necessary for the Joint Use Facilities <br /> shall be acquired as follows: <br /> 10.2.4.3.1 K-C shall obtain the necessary right-of-way from Burlington Northern <br /> Santa Fe Railroad and Standard Oil. Any acquisition costs shall be <br /> treated as a Joint Use Facility Cost. <br /> 10.2.4.3.2 K-C shall obtain an easement, license, lease, or other form of use <br /> agreement(e.g., annual or long-term lease) for use of state-owned <br /> aquatic lands managed by the Washington State Department of Natural <br /> Resources ("DNR"). If the cost is a one-time payment, the cost shall be <br /> treated as a Joint Use Facility Cost. If the cost consists of multi-year <br /> payments, the cost shall be included in the Annual O&M Budget. If <br /> any such multi-year costs are paid prior to the Completion Date, such <br /> costs shall be included in the Joint Use Facilities Cost. <br /> 10.2.4.3.3 K-C shall grant the City an easement over K-C property for the Joint <br /> Use Facilities and Other Facilities reasonably necessary for the City's <br /> use of the Joint Use Facilities. <br /> 10.2.4.3.4 The City shall obtain the necessary right-of-way from the Port of Everett <br /> in such form so as to benefit the City and K-C and allow K-C to operate <br /> the Joint Use Facilities in the event the City terminates its participation <br /> in the Joint Use Facilities. A proportionate share of any costs, including <br /> 14 of 46 <br />