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Home My WebLink AboutIL114 Interlocal Agreement After Recording Return to: City of Anacortes P.O. Box 547 Anacortes,WA 98221-0547 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN PORT OF ANACORTES AND CITY OF ANACORTES FOR PROJECT PIER 1 STORMWATER FACILITIES THIS INTERLOCAL COOPERATIVE AGREEMENT (the "Agreement") is made and entered into by and between the PORT OF ANACORTES ("Port") and the CITY OF ANACORTES ("City") pursuant to the authority granted by Chapter 39.34 RCW, Interlocal Cooperation Act. WHEREAS, the Port is the owner of certain real property located in the City of Anacortes, Washington and depicted on the map attached hereto as Exhibit "A" and the legal description attached hereto as Exhibit "B" (the "Site"); and WHEREAS, the Port is currently working with Dakota Creek Industries ("DCI") to redevelop and conduct an environmental clean up of the Site (hereafter the redevelopment project is referred to as "Pro1ect Pier 1"); and WHEREAS, pursuant to Chapter 35.92 RCW the City maintains the storm water sewers and facilities for property located within the City's limits; and WHEREAS, under RCW 35.92.020 and ROW 35.92.021, the City may impose a rate or charge on the Port for the Port's use of storm water control facilities maintained by the City; and WHEREAS, the Port intends to construct a new storm water treatment facilities as depicted on the map attached hereto as Exhibit "A". The storm water facilities include a vertical pipe near the shoreline (the "Drop Structure"); and 1 WHEREAS, the City will own and maintain those storm water facilities up-gradient of the North boundary of the Third Street right of way (the "City's Facilities"); and WHEREAS, the City and the Port have reached an agreement whereby as a condition to the City's issuing of the permits for Project Pier 1, the Port will install, own, and maintain certain storm water facilities located on the Site to include the Drop Structure and outfall pipe to discharge into the Guemes Channel (collectively the "Pier One Facilities"); and WHEREAS, the City desires to connect the City's Facilities to the Pier One Facilities so that the storm water from the City's Facilities shall likewise be discharge from the Pier One Facilities' Guemes Channel outfall; and WHEREAS, the City's connection to the Pier One Facilities will cause the intermingling of storm water from the City's Facilities with storm water from the Pier One Facilities. NOW, THEREFORE, the parties do agree as follows: 1. Purpose. The purpose of this Agreement is to set forth each party's respective responsibilities as to (i) City's Facilities, (ii) the Pier One Facilities, and (iii) the City's use of the Pier One Facilities. 2. Term. The term of this.Agreement shall continue until each of the respective obligations contained herein are fully performed. 3. Port to Install Storm Water Facilities and Conveyance Piping to the Drop Structure. The Port shall install the storm water facilities and associated conveyance piping as shown on Exhibit "A The City will inspect and approve the installation of the storm water facilities up gradient of the connection to the North boundary of the Third Street right of way. After installation, the Port shall transfer ownership of those storm water facilities and conveyance piping up gradient of the North boundary of the Third Street right of way not including any structure north thereof,to the City without any further maintenance or repair obligation. 4. Port to Install the Pier One Facilities. The Port shall install the Pier One Facilities in accordance with the map attached hereto as Exhibit "A." After installation, the Port shall retain ownership of the Pier One Facilities. 5. Connection of Facilities. The City and Port shall coordinate the connection of the City's Facilities to the Pier One Facilities. The City shall be responsible for the maintenance, repair and replacement of all pipes and facilities up to the North boundary of the Third Street right of way. The Port shall be responsible for the maintenance, repair and replacement of all pipes and facilities down gradient of North boundary of the Third Street right of way and including the connection to the Drop Structure, including the Drop Structure. 5.1. Port shall provide the City with a twenty foot (20') easement to for ingress and egress for the maintenance of the portion of the conveyance piping not on City property. The City will reasonably coordinate with the Port and its tenant, DCI, to schedule maintenance, if possible, so as not to unreasonable disrupt the activities of DCI. 2 The City will restore the surface of the easement to the condition it existed prior to maintenance. 6. City to Maintain the City's Facilities. The City shall take the necessary steps to reasonably operate and maintain the City's Facilities including the conveyance piping to the North boundary of the Third Street right of way in perpetuity. Both parties recognize that normal wear and tear on such facilities may from time to time cause periodic reasonable service interruptions for maintenance purposes and agree to coordinate those activities with the other party as much as reasonably possible. The City shall be responsible for ensuring that any storm water or other discharge from the City's Facilities to the Pier One Facilities complies with any and all applicable federal, state, or local laws, regulations, ordinances, or permit conditions that would apply if said storm water or other discharge were being directly discharged into the Guemes Channel from the City's Facilities. 7. Improvements by City. The parties recognize that the Port has designed the Pier One Facilities to accommodate the current tributary area of the City's Facilities and the anticipated tributary area of the Pier One Facilities. A. If at any time the City makes improvements, changes, and/or expands the City's Facilities so that there is (i) an increase in the tributary area served by the City's Facilities, or (ii) additional storm water or other discharge attributable to the City's Facilities beyond the capacity that the Pier One Facilities are designed to accommodate, the City shall be solely responsible for undertaking or making any upgrades to the Pier One Facilities, including any and all costs associated therewith, that are necessary to accommodate such improvements, changes, or expansions. The parties shall work cooperatively to give the City the necessary access to the Site in order to install or make the upgrades required under this provision, and or; B. The City has the right to: (i) abandon any portion of the storm drainage system in the tributary area, if deemed necessary, and or; (ii) divert storm water flow within the tributary area to another outfall, if deemed necessary, and or; (iii) Redirect any increase in storm water flows from the tributary area to another outfall, if deemed necessary. 8. Storm Water Permits. The City shall be responsible for obtaining and maintaining all storm water permits that are now or may become necessary for the discharge of municipal storm water from these storm water facilities including, but not limited to, any applicable National Pollutant Discharge. Elimination System applicable to municipal storm water discharge now commonly known as the Phase II Municipal Storm Water Permit. The Port and/or DCI will be responsible for obtaining and maintaining all storm water permits that are now or may become necessary for the discharge of shipyard storm water from these storm water facilities including, but not limited to, any applicable National Pollutant Discharge Elimination System applicable to shipyard activities The Port and the City shall each support each other as necessary in obtaining and maintaining the permits and if required the Port shall become a secondary permitee under the City permit. 9. Port to Maintain the Pier One Storm Water Facilities. The Port shall take the necessary steps to reasonably operate and maintain the Pier One Facilities in perpetuity. Both parties recognize that normal wear and tear on such facilities may from time to time cause periodic reasonable service interruptions for maintenance purposes and agree to coordinate those activities with the other party as much as reasonably 3 possible. Both parties further recognize that portions of the Pier One Facilities will run through property that is owned by the Port but leased to DCI; therefore, portions of the Pier One Facilities may be inaccessible at times and both parties agree that maintenance or repair of those facilities that are on property leased to DCI may require additional and/or longer service interruptions, regardless as to whether those interruptions are for regular maintenance or for emergencies. The City will make and plan for all reasonable and necessary arrangements and contingencies for handling storm water from the City's Facilities in the event of an interruption in service at the Pier One Facilities. The Port shall not be liable to the City for any such interruptions, but shall provide the City reasonable notice of such interruptions when possible. The Port shall be responsible for ensuring that arty storm water or other discharge from the Pier One Facilities to the Guemes Channel complies with any and all applicable federal, state, or local laws, regulations, ordinances, or permit conditions. 10. Administration and Notice. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed,the party making the change shall notify the other party. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to: Port of Anacortes: Port of Anacortes ATTN: Robert Hyde First and Commercial Post Office Box 297 Anacortes, WA 98221 City of Anacortes: City of Anacortes ATTN: Fred Buckenmeyer, Public Works Director_ P.O. Box 547 Anacortes;WA 98221-0547 or to such other address as the foregoing parties hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 11. Amendments. The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto, upon authorization by the legislative bodies of the City and the Port. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 12. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect 4 without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 13. Entire Agreement. This Agreement contains all terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties hereto. FOR PORT OF ANACORTES FOR CITY OF ANACORTES )1161/41t Robert . Hyde, E ecutive Director H. Dean Maxwell, Mayor DATED: S_ 2_5- -- 2_0 f 0 DATED: 6/ zalio ATTEST:lkoite City Clerk APPROV D AS TO FORM: City Attorneys Concurrence of Dakota Creek Industries, Inc. Dakota Creek Industries, Inc. hereby agrees to the terms and conditions of this Agreement to the extent that the Agreement provides for the/an easement over and across the property leased from the Port by DCI Dakota Creek Industries, Inc. By: thi kiu\s Its: 5 EXHIBIT "A" MAP OF THE SITE , At f 32.5 8'3 s --` 4 r a- -3t Id:7....:.• ....--.,,.,- a Sg10E FEET NOR H E 11:.:4".. ?-7E7'-'' Ii S # `� '' 1 P3 ; a e wye my e-4 b -" � H. • 3�" a; . o • 15 ii44. - ..:4:.1*103E",.,,,:ii....,--..: .....:._,.:,..f,--..,:,...,! . :",.--,.;.,,,,t.,.,:-_,.). ... .:.,...-...-..,!,.......:..,-:.,..,. , .:. ......::.0,-,:., ....,-:..,:i§.)!;::.-.. .„,,A, .. :•.:.:-%''',:0-igrii:::::1-4::.';:. .,':,-..i.,,,,,i,i..ii...::`,...": :" 1,- : : :.,.,*,.,. .,,,,.,,... ...•1..-1... .4t:!'"-'.''''''''''''''','' ''.--.1•'',:,.4:::,-,:::';'::':..:..,.,,,.:0: -,.'i,:-,...- :-..;'„,',,:,:.:'...i(E,,;•:41"...., 6 ,may fg -� ,y '--g'-Z';'•V' ''i':T;:::,5''';!•-':'i:-ilt4'0';'E'!'l:-':-:-:'!''.•-:L-.'-'•'-''.'-'"'°"''',..t.-,4;;;:i',,,,,,.-T,.T4kf.gf':'-'';PT.'4::'•'"'"'i:i0.'''IYt.'•'"--,' -• .'•-•?';':::-.',.•---.,,-.q.'..,•:.:4 -:'i;itef-17' .'4A t",!•;,.0!...•°,,...i.,-,A;;'F:•.'..',;•.:•`.., .i':ivL.;kii,.":it„E•:.,•_:.::n,..i.i„,;y,:,.a.....,„_,,.,.,,::-J..ip•':'•,..:•:._..::....,i:.,'.,,,.;J:..-).,-..;'-,..-....:'.!!..-.-.:-.:.,-.,-..,:,,„,.k......'-.,„i.=-- ni,,i.,i.:.,,-:.-,.i.::l::.1.1!„0:...?,,...i,..i-.......k-lii'tt..7......4.7„. i. leaneid,9oudk�otd Skodj Inc, STORM ORAIN- .ao,rs9o,,.i ww¢.ns•ww wn�+cns EXHIBIT MAP FOf2 ® °°'""°'`""'` ;� """a THE CITY OE ANACORTES i! .'. .5:.:.r-::1:,a.....�:.,...„ ,,.,,, -,r SEC. te.iWN. 35 N.,RGE.2 E.,wM. EXHIBIT "B" PORT OF ANACORTES DESCRIPTION OF STORM SEWER FACILITIES AT THE DCI SHIPYARD COVERED BY MEMORANDUM OF UNDERSTANDING BETWEEN THE PORT OF ANACORTES AND THE CITY OF ANACORTES • The Port will install a new storm sewer system beginning with a new 60-inch diameter Type 2 manhole catchbasin iri `.Q' Avenue, 150 feet north of the centerline of 4th Street; thence a 36-inch corrugated polyethylene pipe (CPP) northeasterly 135 lineal feet, more or less, to a 60-inch diameter Type 2 manhole catchbasin; thence a 36-inch CPP easterly in the right-of-way of 3'' Street 340 feet, more or less, to a 60-inch diameter Type 2 manhole catchbasin; thence a 36-inch CPP northerly passing into the Dakota Creek Industries (DCI) Shipyard site 50 feet, more or less, to a 60-inch diameter Type 2 manhole catchbasin; thence a 36-inch CPP continuing northerly 170 feet, more or less, to a 60-inch diameter Type 2 manhole catchbasin; thence a 36-inch CPP continuing northerly 114 feet, more or less, to a 60-inch manhole catchbasin; thence a 36-inch CPP westerly 208 feet, more or less, to a 60-inch manhole catchbasin; thence a 36-inch high-density polyethylene pipe (HDPE) northerly 59 lineal feet through the sheet pile bulkhead to a 36-inch diameter steel cylinder pile drop structure, City ownership and maintenance stops at the drop structure, the Port owns and maintains the drop structure and outfall which drops 31.40 feet to the marine outfall pipe. thence a 36-inch DR-17 HDPE pipe northwesterly 500 feet, more or less, to a tideflex valve and the termination of the storm sewer. Together with a Vortech's Model 9000 Storm Water Treatment Device, which will be owned and maintained by the City of Anacortes, installed in the northbound lane of `Q'. Avenue 80 feet south of the centerline of 4th Street. 7