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4 n MAINTENANCE AND RIGHT OF ENTRY AGREEMENT
<br /> 1 'Li GM 1497
<br /> For
<br /> Drainage Structures, Drainage/Pedestrian Bridge and Trails, and Water Quality Site
<br /> THIS AGREEMENT is made and entered into between the State of Washington Department of
<br /> Transportation,hereinafter the"STATE,"and the City of Everett,a Washington municipal corporation,
<br /> hereinafter the"CITY"; collectively,hereinafter referred to as the"PARTIES,"or individually, the
<br /> "PARTY."
<br /> WHEREAS,the STATE constructed a highway project, entitled I-5 Everett, SR 526 to US 2, HOV
<br /> Lanes, which added to I-5 a northbound and southbound HOV lane,and replaced the 415` St. Interchange,
<br /> hereinafter the"PROJECT"; and
<br /> WHEREAS,the PROJECT required the construction of certain state-owned drainage features to be
<br /> located within city-owned right of way on Lowell Road, 3`d Avenue, and Main Street,between I-5 and
<br /> Water Quality Site One pursuant to a right of entry under Agreement GM 1422, dated March 4, 2005, and
<br /> GM 1422 Supplement 1,dated August 31, 2005; and
<br /> WHEREAS,the PROJECT also required the construction of Water Quality Site One("WQ1") on state-
<br /> owned land, as well as an Outfall for the drainage system located on an easement obtained by the STATE
<br /> from the CITY(Easement for Everett Outfall); and
<br /> WHEREAS,the PROJECT also required the construction of a Drainage/Pedestrian Bridge, located on
<br /> state-owned land and partially on easements obtained by the STATE from the CITY, Burlington Northern
<br /> and Santa Fe Railroad, and property owners Hammer, et al; and
<br /> WHEREAS,the STATE has constructed, at the request of the CITY,the pedestrian portion of the
<br /> Drainage/Pedestrian Bridge, as well as Trails through WQ1, so as to provide a connection to a CITY trail
<br /> system; and
<br /> WHEREAS,the STATE and CITY wish to terminate GM 1422 and Supplement 1 and clarify each
<br /> PARTY's maintenance, operation, and safety obligations for the drainage structures,Drainage/Pedestrian
<br /> Bridge and Trails,
<br /> NOW,THEREFORE,pursuant to RCW 47.28.140 and chapter 39.34 RCW, and in consideration of the
<br /> terms, conditions,covenants, and performances contained herein,
<br /> IT IS MUTUALLY AGREED AS FOLLOWS:
<br /> 1. TERMINATION OF PRIOR AGREEMENTS
<br /> 1.1 Cooperative Agreement GM 1422, dated March 4, 2005, and GM 1422 Supplement 1, dated
<br /> August 31, 2005, shall be terminated on the effective date of this Agreement(section 6.1).
<br /> 2. RIGHT OF ENTRY
<br /> 2.1 The CITY grants to the STATE, its employees, agents, contractors, the right of ingress and
<br /> egress across the CITY rights of way comprising Lowell Road, 3`d Avenue, and Main Street for the
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