2008/04/30 Council Agenda Packet

of the Landfill Site so as to allow for gravity sewer flow to the City pump stations from the Landfill Site development. The City shall provide all required pump stations and modifications to existing pump stations as part of the collection system to accommodate sewer capacity for the Landfill Site and the Simpson Site. In addition, the City shall provide all modifications to the City Pump Station #33 located approximately at 36th Street and the Main Road Extension as required to accommodate the sanitary sewer flow from the preferred alternative development identified in the EIS for the Mill Site. The City shall be responsible for all maintenance of the sanitary sewer collection system. Substantial completion of the sanitary sewer system shall occur within eight (8) months after completion and removal of the Phase. l surcharge soils. (h) The City shall provide a storm water sewer system that will accommodate the preferred alternative development identified in the EIS for the Landfill Site (with a 40 foot setback on the eastern boundary). Storm water collected from a "six month storm water event" will either be treated prior to discharge to the City's outfall system or discharge into the City's combined sewer system. The storm sewer system shall be located along the eastern boundary of the Landfill Site so as to allow for gravity sewer flow to the City storm sewer collection system from the Landfill Site development. The City shall provide for all required treatment, pump stations and outfalls as part of the collection system for the Landfill Site. The City shall be responsible for all maintenance of the storm sewer collection system. Substantial completion of the storm water sewer collection system shall occur within eight (8) months after completion and removal of the phase 1 surcharge soils. 0) Restore the wetland area studied to the standards set forth in the Snohomish Riverfront Properties at Bigelow Creek. Conceptual Enhancement Program study (the "Wetland Restoration"). Substantial completion of the major elements of the Wetland Restoration shall occur within thirty-six (36) months after the City obtains the required non -City governmental permits and approvals, which the City agrees to reasonably diligent efforts to obtain. 23. Mill Site Fill. The first sentence of Section 19.7.7 of the Agreement is hereby amended to read as follows: The City, as part of its License to Use City Property with KLB Construction, Inc. dated October 7, 2005, which was later amended by an Amendment dated on or about April 9, 2008 (the "Amended KLB License"), shall place engineered fill material on the Mill Site consistent with the terms of the Amended KLB License attached to the Third Amendment to this Agreement (the "Mill Site Development Area") to a level that is 2 feet above the 100 year floodplain elevation established by FEMA although the profile of 9 06107-0063/LEGAL14200426.1 ��