Laserfiche WebLink
15 <br /> INTERLOCAL AGREEMENT <br /> REGARDING MITIGATION <br /> This Interlocal Agreement Regarding Mitigation(this "Agreement") is entered <br /> into as of ,2012,by and between the CITY OF EVERETT, a Washington <br /> municipal corporation(the"City"), and DIKING IMPROVEMENT DISTRICT NO. 5 of <br /> SNOHOMISH COUNTY,a Washington special purpose district(the"Diking District"). <br /> RECITALS <br /> A. The Diking District is located generally east of the Snohomish River and <br /> west of Union Slough,including Smith Island and the City's water pollution control <br /> facility. The Diking District is governed by three commissioners. The City owns over <br /> half of the property within the Diking District's boundaries. The Diking District is <br /> managed by the City pursuant to the Diking Improvement District No. 5 and City of <br /> Everett Management Agreement,dated October 8, 2007 (the"Management <br /> Agreement"). <br /> B. The Diking District has entered into a Cooperative Agreement <br /> "Rehabilitation of a Non-Federal Flood Control Work,Job Sno-2-09" dated June 19, <br /> 2012 with the U.S. Corps of Engineers for dike system repairs along Union Slough and. • <br /> the Snohomish River. This repair work is referred to in this Agreement as the"Project." <br /> The Washington State Department of Ecology("Ecology")and other agencies have <br /> determined that the Project requires that the Diking District provide on-site mitigation. <br /> C. However, on-site mitigation for the Project is not possible,because no <br /> mitigation area is available to the Diking District. Ecology and other agencies have <br /> agreed in principle to allow the Diking District to use City mitigation credits, which the , <br /> City received in connection with the City's Smith Island/Union Slough Restoration site <br /> east of the City's oxidation pond. <br /> D. This Agreement provides for purchase by the Diking District of up to two <br /> acres of mitigation for Project use at a rate of$120,000 per acre.. At the City Public <br /> Works Director's option, the City may also allow the Diking District to purchase two <br /> additional acres of mitigation for Project use. The maximum total of mitigation that may <br /> be purchased by the Diking District for Project use under this Agreement is four acres. <br /> E. The Diking District commissioners have had an opportunity to review and <br /> independently evaluate this Agreement, and are satisfied that it is fair and equitable to the <br /> Diking District. <br /> AGREEMENT <br /> For good and valuable consideration,the receipt and sufficiency of which is <br /> acknowledged,the parties agree as follows: <br /> 1 <br /> 134 <br />