Laserfiche WebLink
} 14 <br /> What <br /> WIP10°11 <br /> DEPARTMENT OF <br /> ECOLOGY <br /> State of Washington <br /> AMENDMENT NO. 3 <br /> TO LOAN AGREEMENT NO.L1000022 <br /> BETWEEN <br /> THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY <br /> AND <br /> THE CITY OF EVERETT <br /> PURPOSE: To amend the above-referenced loan (LOAN) agreement between the State of <br /> Washington Department of Ecology (DEPARTMENT) and the City of Everett (RECIPIENT) for the <br /> Bond Street Combined Sewer Overflow (CSO) Control Facilities Project (PROJECT). This <br /> amendment is needed to change the completion and Initiation of Operation date of the loan. This <br /> extension is needed because the final piece of construction needs to be constructed in a right-of-way <br /> that is contaminated by historical operations by ExxonMobil and American Distributing Company <br /> (ADC). The ExxonMobil ADC site is being managed through the DEPARTMENT's Toxic Cleanup <br /> Program. Timing of the cleanup is unknown, and the RECIPIENT has no control over it. The <br /> RECIPIENT is currently in negotiations with ExxonMobil ADC regarding a legal agreement to <br /> indemnify the RECIPIENT. <br /> Based on legislative direction of timely use of funds and by WAC 173-98-810, Uses and Limitations <br /> of the Water Pollution Control Revolving Fund, work on this project must be completed within five <br /> years of the publication date of the Final Offer and Applicant List in which the project was proposed. <br /> The Final Offer and Applicant List for this PROJECT was published on June 11,2009. A shorter time <br /> period may be specified in the LOAN agreement. Completing a project means completing all <br /> milestones and objectives associated with the goals of the LOAN agreement. After the five-year limit <br /> is reached, a time extension of no more than twelve months may be made under certain circumstances, <br /> including but not limited to: Schedules included in water quality permits, consent decrees, or <br /> enforcement orders. To ensure timely processing, the time extension request must be made prior to the <br /> completion or expiration date of the LOAN agreement. <br /> IT IS MUTUALLY AGREED that the LOAN agreement is amended as follows: <br /> 1. The Scope of Work remains the same. <br /> 2. The PROJECT budget remains the same. <br /> 3. The LOAN amount remains the same. <br /> 1 0 6 <br />