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REIMBURSEMENT AGREEMENT <br /> This reimbursement agreement ("Agreement") is entered into by and between the <br /> City of Everett ("City"), a municipal corporation of the State of Washington, ExxonMobil <br /> Oil Corporation ("ExxonMobil"), a New York corporation, and American Distributing <br /> Company ("American Distributing"), a Washington corporation (collectively referred to <br /> as the "Parties") to reimburse the City for incremental costs incurred in the construction <br /> of the City's Lift Station No. 2 Force Main Extension project, including installation of a <br /> combined sewer line (the "Project") as depicted in Attachment A (the "Project Site") as a <br /> result of petroleum fuel releases from a former bulk fuel storage facility operated by <br /> ExxonMobil and American Distributing. <br /> WHEREAS, ExxonMobil and American Distributing have signed an Agreed Order <br /> with the Washington State Department of Ecology to prepare a Focused Feasibility <br /> Study and develop a draft Cleanup Action Plan for the ExxonMobil/American <br /> Distributing Site ("Site"), located at 2717 and 2731 Federal Avenue, Everett, <br /> Washington; and <br /> WHEREAS, the City is required to construct the Project under its current NPDES <br /> permit, enforced by Ecology and EPA; and <br /> WHEREAS, soil and groundwater samples from within Federal and Everett <br /> Avenues indicate that the City may encounter petroleum contaminants in soil and <br /> groundwater from the Site when installing the combined sewer line; and <br /> WHEREAS, the Parties wish to work cooperatively to avoid delaying construction <br /> of the City's project and to reimburse the reasonable incremental costs incurred by the <br /> City due to the presence of petroleum-contaminated soil and groundwater from <br /> historical operations of ExxonMobil and American Distributing. <br /> NOW, THEREFORE, in consideration of the recitals and the mutual covenants, <br /> conditions and agreements set forth in this Agreement, and for other good and valuable <br /> consideration, the Parties agree as follows: <br /> 1. Cooperation. The Parties shall cooperate fully in the conduct of all <br /> actions necessary for the City to install combined sewer lines within Federal and Everett <br /> Avenues. <br /> 2. Sampling Data. During construction of the Project, the City shall furnish <br /> ExxonMobil, American Distributing, and their representative AMEC, within seven (7) <br /> days of receipt, with a copy of all investigation and laboratory chemical data obtained <br /> from samples collected during its installation of combined sewer lines, including, but not <br /> limited to, field notes, boring logs, quality assurance/quality control data, and chain-of- <br /> custody records. Additionally within seven (7) days of receipt, the ExxonMobil, <br /> American Distributing, and AMEC shall furnish the City with a copy of all investigation <br /> and laboratory chemical data obtained from samples collected, including, but not limited <br /> Funding Agreement Page 1 of 8 <br /> 2002 001 hh310502 <br /> 48 <br />