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2011/10/12 Council Agenda Packet
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2011/10/12 Council Agenda Packet
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Council Agenda Packet
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10/12/2011
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6. <br /> section 11 below. Within forty-five (45) days of receiving a request for reimbursement <br /> under this Agreement from the City, ExxonMobil and American Distributing shall either <br /> pay the City's costs or provide a written response to the City stating why the <br /> documentation is not sufficient or does not support the City's claim. The Parties shall <br /> negotiate in good faith to resolve any issues associated with the City's claim. Payment <br /> to the City of undisputed and resolved costs shall be transmitted to: Utilities Finance <br /> Manager, City of Everett Public Works, 3200 Cedar Street, Everett, WA 98201. <br /> Disputed costs that are not resolved by the Parties shall be subject to dispute resolution <br /> as set forth in section 19 below. <br /> 8. Reimbursement of Past Costs. Within sixty (60) days of the date of this <br /> Agreement, ExxonMobil and American Distributing shall reimburse the City the amount <br /> of $55,000 for costs incurred by the City prior to the Effective Date of this Agreement. <br /> Payment to the City shall be transmitted to: Utilities Finance Manager, City of Everett <br /> Public Works, 3200 Cedar Street, Everett, WA 98201. <br /> 9. Release of Claims. Upon the City's receipt of all payments required <br /> under this Agreement, the City shall release all claims it may have against ExxonMobil <br /> and American Distributing with respect to the Reasonable Incremental Costs incurred <br /> by the City in constructing the Project. <br /> 10. Compliance with Laws. The City shall perform its work in accordance <br /> with all applicable laws and regulations, including, but not limited to, transport and <br /> disposal, if necessary, of soil and groundwater that contain petroleum contaminants. <br /> 11. Notices. Any notice required by this Agreement must be in writing and be <br /> delivered to the addresses shown below: <br /> City of Everett Mark Sadler. <br /> Maintenance Superintendent <br /> Public Works Department <br /> City of Everett <br /> 3200 Cedar Street <br /> Everett, WA 98201 <br /> Phone: 425.257.8967 <br /> Fax: 425.257.8882 <br /> Email: msadler@ci.everett.wa.us <br /> Heather Griffin <br /> Senior Engineer <br /> Public Works Department <br /> City of Everett <br /> 3200 Cedar Street <br /> Everett, WA 98201 <br /> Phone: 425.257.7206 <br /> Fax: 425.257.8882 <br /> Email: hgriffin@ci.everett.wa.us <br /> Funding Agreement Page 4 of 8 <br /> 2002 001 hh310502 <br /> 51 <br />
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