US Army Corps of Engineers 8/15/2016

CITY DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY Subtidal Cap Repair 00-4801-001-001-00 Wyckoff/Eagle Harbor Superfund Site 00-5169-001-011-00 (Project, Installation or Activity) (Tract Number or Other Property Identification) The undersigned City of Everett, hereinafter called the "City", in consideration of the following, hereby grants to the Government and/or its contractors, hereinafter called the "Government", a permit or right-of-entry upon the following terms and conditions: RECITALS: WHEREAS, a temporary easement was acquired on the City's property by the Port of Everett on December 17, 2007 for use as a disposal area by the U.S. Army Corps of Engineers for dredged material from the Everett Harbor and Snohomish River Maintenance Dredging Project; and WHEREAS, dredged material was deposited by the U.S. Army Corps of Engineers within the easement area as a result of Project dredging; and WHEREAS, the Environmental Protection Agency and the U.S. Army Corps of Engineers desire to make beneficial use of the dredged material by removing some of the material in the easement area for the purpose of constructing a soil cap as part of the remedial action for the Wyckoff/Eagle Harbor Superfund Site; and WHEREAS, the City is willing to grant access to the U.S. Army Corps of Engineers to remove material for this purpose; NOW, THEREFORE, 1. The City hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time from August 15, 2016 to April 30, 2017 as a borrow site area including the right to install a convenor belt for transportation of the borrow/dredged material to a river barge and performing any other such work which may be necessary and incident to the removal of dredged material on said lands. The Government may only use the Property in conjunction with the Wyckoff/Eagle Harbor Superfund Project. 2. All tools, equipment, building, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right-of-entry. 3. If any action of the Government's employees or agents in the exercise of this right-of-entry result in damage to the real property, the Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other than those provided for herein.