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<br />A G R E E M E N T <br />THIS AGREEMENT entered into this A,) day <br />1979, by and between the CITY OF KENT, hereinafter referred to <br />as "Kent" and the CITY OF TUKWILA, hereinafter referred to as <br />"Tukwila <br />WHEREAS Municipal Corporations are given the power to <br />contract under RCW 39.34 for cooperative services, and <br />WHEREAS it is necessary for Tukwila and Kent to enter into <br />this Agreement to provide a water intertie system, and <br />WHEREAS it is mutually beneficial to both parties to enter <br />into this Agreement to provide emergency water flow and water <br />supply to meet Kent's needs during periods of peak demand and for <br />emergency flow and fire protection in both cities, <br />NOW, THEREFORE, IN CONSIDERATION of the mutual benefits <br />conveyed hereby do agree as follows: <br />1. Both parties agree to cooperate in the construction of <br />a water flow intertie system uniting the water supplies of the <br />City of Kent and the City of Tukwila at a point on the West Valley <br />Highway. <br />2. The intertie system will be constructed by the City of <br />Kent at the City of Kent's expense and ownership of said facility <br />shall remain with the City of Kent. The City of Kent hereby agrees <br />to operate and maintain said facility. <br />3. Both parties agree that the intertie system will not be <br />operated except during periods when either party desires to obtain <br />