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Port Gardner Bay Outfall Replacement Agreement <br /> This Agreement is made and executed as of this_day of , 1999, by and between the <br /> City of Everett("City"), a municipal corporation of the State of Washington, and Kimberly-Clark <br /> Tissue Company ("K-C"), a corporation duly organized and existing under the laws of <br /> Pennsylvania, collectively the "Participants." <br /> 'I. RECITALS AND PURPOSE <br /> 1.1 The K-C Mill needs to replace and upgrade its existing forty-six year old deep water <br /> effluent Outfall and desires to minimize future discharges to the inner harbor and nearshore <br /> environment of Port Gardner Bay; and <br /> 1.2 K-C proposes to install pollution control and water conservation facilities at its pulp and <br /> paper mill; and <br /> 1.3 The City's Public Works Department requires improvements to its sewage treatment <br /> system to minimize future discharges from the POTW into the Snohomish River and Estuary; <br /> and <br /> 1.4 Pursuant to the MOU, the City and K-C agreed to examine the feasibility of K-C <br /> constructing a deep water Outfall in Port Gardner Bay to replace K-C's existing Outfall and to <br /> convey, pump and discharge effluent from both the K-C Mill and from the City's POTW, <br /> including POTW effluent used for non-contact cooling water at the K-C Mill; and <br /> 1.5 The MOU contemplated that K-C will construct, own and operate the Joint Use Facilities, <br /> and that the City and K-C will jointly have rights to the use of these facilities through this <br /> Agreement; and <br /> 1.6 As contemplated by the MOU, K-C and the City considered feasibility studies, including <br /> a project engineering report; and <br /> 4 of 46 <br />