2011/06/15 Council Agenda Packet

3. Landfill Pad North of 41" Street: All -Weather Surface / Com action. The final three sentences of Section 22.e of the Third Amendment are hereby deleted and replaced with the following: Except as otherwise provided in this Section 22.e, any fill material shall be compacted in accordance with the Grading/Surcharge Plans, including any surcharge materials that remain on the Landfill Pad following surcharge activities. Except in the areas marked as "6 -Inch Thick All -Weather Surface" or "No All -Weather Surface" on Attachment A to this Fifth Amendment, the upper 18 inches of soil at the finished grade following surcharge shall be of all-weather surface and to a 95% compaction standard. This upper 18 inches of soil may be cement augmented in order to achieve the all-weather and 95% compaction standards. The area marked as "6 -Inch Thick All -Weather Surface" in the attachment to the Fifth Amendment will be of all-weather surface. The City will use the same methods of compaction (including cement augmentation) in the "6 -Inch Thick All -Weather Surface" area as the City uses in the areas of the Landfill Pad that are compacted to a 95% compaction standard, but the City does not guarantee that the "6 -Inch Thick All -Weather Surface" area will meet a 95% compaction standard. The City has no obligation to use additional compaction methods in the "6 -Inch Thick All -Weather Surface" area. 4. Landfill Pad Lot 16: Grading, Fill and Surcharge. a. Grading, Fill and Surcharge. Developer and City acknowledge that they have agreed to the following regarding grading, fill, and surcharge on that certain portion of the Landfill Pad south of 41" Street and more specifically identified as Lot 16 (the "Parcel"): The City shall complete all grading, filling, and surcharging of the Parcel, including clearing and grubbing. The amount of that fill material shall be approximately 230,000 yards, and the fill material shall be placed and compacted in accordance with Everett Riverfront Surcharge Phase #3 Project Plans dated April 9, 2010. Upon completion of City's work on the Parcel in conformance with this Section 4.a: (i) except for organic surcharge material as described in Section 4.b below, Developer shall own all fill and surcharge material on the Parcel and (ii) except for any City obligations regarding hazardous materials that may be contained in the PDA or other agreements between the City and Developer, City shall have no further obligations regarding fill and surcharge material on the Parcel. b. Removal of Organic Surcharge Material. The City shall remove approximately 10,000 yards of organic surcharge material from the Parcel by the earlier of (i) June 30, 2012 or (ii) the commencement date of surcharge removal on the Parcel by Developer. -4-5