WA ST Department of Ecology (DOE) 6/26/2018

CITY AGREEMENT FOR ACCESS,REMEDIATION,AND RESTORATION CITY OF EVERETT VIOLA OURSLER VIEWPOINT AND WIGGUMS HOLLOW PARK CLEANUP AND RESTORATION PROJECT EVERETT SMELTER UPLANDS CLEANUP THIS AGREEMENT FOR ACCESS,REMEDIATION,AND RESTORATION(the "Owner Agreement") is entered into between the Washington State Department of Ecology ("Ecology") and City of Everett("City"). Ecology is responsible for the investigation and remediation of hazardous waste sites in Washington pursuant to the Model Toxics Control Act(MTCA), Chapter 70.105D RCW and Chapter 173-340 WAC. The City is the owner of real properties located at 721 E Marine View Drive(Viola Oursler Viewpoint),tax parcel numbers 00612300000100 and 29051700100300, and a portion of the property at 2808 10th St. (Wiggums Hollow Park) Tax Parcel No. 29051700103300 ("Property"),known as the City of Everett Viola Oursler Viewpoint and the Wiggums Hollow Park. The Property is known to be impacted by metals contamination from ASARCO Everett Smelter facility. The Everett Smelter Site is a known hazardous waste site, generally located in North Everett, Washington. The State of Washington has obtained funds through a settlement in the bankruptcy of ASARCO for the remediation of hazardous substances at the Everett Smelter Site. However, Ecology received appropriated state toxics Capital budget funding from the legislature in the Model Toxics Control Act (MTCA) accounts for the 17-19 budget to complete the cleanup work in the Viola Oursler Viewpoint and Wiggums Hollow Park. These state toxics Capital budget funds, and no additional Ecology funds,will be used by Ecology to cover the cost of the work outlined in this agreement. Ecology's authorization to complete the remediation and restoration work is contingent on the sufficiency and continued availability of this state toxics Capital budget funding. In accordance with the terms and conditions described below,the City hereby authorizes Ecology to perform remediation and restoration activities on the Property(henceforth referred to as both"the Project"and"the Work") and grants Ecology and its agents and contractors access to the Property for this purpose. The Work is detailed in a project manual and design documents. By signing this Owner Agreement,the City accepts that the Property will be remediated and restored by Ecology in accordance with the terms and conditions described herein. The City understands and accepts that once the Owner Agreement is signed, Ecology will award the contract for the Work based upon the signed Owner Agreement and its terms and conditions. It can be very costly to Ecology to make any changes to the Owner Agreement after it is signed. Therefore,upon signing this , . Owner Initials: