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il <br /> fl <br /> !^ <br /> HA <br /> AGRE�M�NT <br /> Participation - Storm�:�ater Dctention racility �.� <br /> �. <br /> r� <br /> TI-IIS A�P�LLi�1�NT ma�'c ana entered iiito tl�is �� day of �� <br /> �a��2tts ' 1990, by and bet�veen the City of Everett, a municipal corporation " <br /> under tiie la�vs of the State of Washington, hereinafter referred to as "City," and G p <br /> and M Investments, whose address is 510 Rainier Avenue South Seattle, r. <br /> ;:� <br /> Washington, hereinafter refcrred to as "Cr �� i��i.° ;,+ <br /> j; <br /> I� <br /> \�✓ITT:ESSLTI-1: ; <br /> i <br /> WI-IEREAS, G & M i� �oinb to construct a combined sewage detention �� <br /> facility at approsimately �171h and Grand, Everett; and �y <br /> WHEREAS, G & M will be entirely responsible for the construction and the �' <br /> cost of construction of the regiona] stormwater detention facility; and �^ <br /> WHEREAS, the City is desirous of contriUuting to�vards the cost of � <br /> construction of the storr�water detention facility which will be constructed on G & <br /> \�'s property in conjuncc, , •�th the construction of his overall project; <br /> NOW, T'HEREFORE, the City and G & M mutually agree as follows: <br /> 1. G cF M agrees to construct the regional storn�water detention facility <br /> to be located at 47�h and Graad within a public easement in accordance �vitii the � <br /> plans to tie approved by tl�e City. Such plans shall include all amendments and �� <br /> `� 4 <br /> changes subsequently approved Ly d�e City. ii <br /> 2. G & M agrees to be responsible for the construction of the regional I; <br /> stormwater detention facility and to pay for the entire cost of construction. ' <br /> 3. City agrees to contribute $419,938 towards the cost of design and � <br /> construct:on of the regional stormwater detention facility described herein. , <br /> 4. G & M agr�es to pay the costs cf any change orders or any other � <br /> additional cost. The City's total con!ribution is limited to that amoimt described in � <br /> Paragraph 3 herein. � <br /> �. Payment of the amount described in Paragraph 3 herein to G c�t M � <br /> will be nade at 50% conslruction completion and at 10010 construction completion. <br /> . A 10% retainage shall be withheld from the payment made at 50% construction <br /> completion. G & M shall be entitled to the retainage only after G & M has � <br /> 7� <br /> provided a permanent easement, completed the detention facility and it has been r <br /> �� <br /> approved and accepted by the City; Provided, however, if the as-built capacitv of �� <br /> � <br /> PI <br /> y1L� <br /> I`' <br /> f" <br /> � <br />