2008/03/19 Council Agenda Packet

Riverside Stormwater Management Agreement between Kimberly-Clark Worldwide, Inc. and City of Everett This agreement, dated 2008 ("Agreement") is made by and between Kimberly-Clark Worldwide, Inc. (K-C), a Delaware corporation, and the City of Everett ("City"), a Washington municipal corporation(collectively, the "Parties"). RECITALS A. WHEREAS, K-C sold certain parcels of Riverside property to the City as substantially depicted in Exhibit A;* and, B. WHEREAS, the Parties recognize that the overall successful drainage of the Riverside property depends on adequate maintenance of the "Stormwater Conveyance System" consisting of drainage facilities, conveyance lines, swale (or tightline) and Lift Station; and, C. WHEREAS, the City and K-C desire to cooperatively manage the Stormwater Conveyance System to the mutual benefit of each Party through a Maintenance Plan (Exhibit B) and permit mutual right of access to the Riverside property in executing such management; and, D. WHEREAS, the City and K-C acknowledge certain drainage facilities (manholes, catch basins, conveyance pipes, etc.) must be maintained by the property owners so as not to impede or prevent operations and maintenance of the other party's facilities; and, E. WHEREAS, there is a common drainage swale ("Swale") located within the western property boundary of the City owned parcels (Lots 1, 2) and K-C owned parcels (Lots 3, 5) that serves as a collection point for stormwater drainage from the drainage structures and conveyance lines that serves both City and K-C owned property, which the parties plan to replace with an underground pipe tightline ("Tightline") to the onsite lift station that pumps the discharge to the City's wastewater treatment plant("POTW"); and, 1 a 'Lot or parcel numbers in this Agreement refer to lot or parcel numbers shown on attached Exhibit A. 1