91-041 - King County Water District #25 - Dissolution and Assumption of Responsibilities

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Section 6. Documents. Information and Access to be Furnished by the District. District shall deliver to the City legible copies of all books, records, documents and other information relating to the operation and maintenance of Water District No. 25 and relating to the real property described on Exhibits "C" and 'D" including, but not limited to (as available to District and in existence): (a) all records, source logs, flow records, (b) all records, manuals and information relating to the transmission/distribution system including pipe, pumps, meters and appurtenances thereto, including location of the distribution system, (c) list of inventory and supplies, (d) copies of all easements, (e) customer lists, including names and addresses and billing records, (f) all warranties and guarantees as applicable and relating to the system, (g) plans and specifications for the water system as available to the District, including as- builts, and including but not limited to drawings and specifications, (h) governmental inspection reports. The District shall also grant the City at reasonable times within thirty (30) days following the date of execution of this Agreement by District and City, the opportunity to inspect and examine the property described on Exhibits "C" and "D ". District shall assist the City in identifying and inspecting the real property to be assumed. Section 7. Indemnification. Water District No. 25 shall indemnify, defend and hold harmless the City from any and all costs, claims, losses, expenses or other damage suffered or incurred by the City resulting from, or arising out of the breach of any representation, warranty, covenant or agreement made by the District herein. Each party shall indemnify, defend, and hold harmless the other against all costs, claims and demands, including attorneys fees and costs, incurred as a result of any act or omission arising out of the terms of this Agreement. Section 8. Entire Agreement. This Agreement constitutes the entire agreement between the two parties hereto with respect to assumption or other transaction contemplated herein and shall not be modified or amended in any way except in writing and signed by all parties hereto. Section 9. Further Action. The District and City agree to execute all other instruments and documents as may be required in order to consummate the assumption contemplated herein and shall use their best efforts to accomplish this assumption in accordance with the provisions of this Agreement. Section 10: Recording. This Agreement shall be recorded with the King County Auditor /Office of Records immediately upon its execution by the parties herein. Section 11. Effective Date of Agreement. This Agreement shall be in force and effect upon approval by the Washington State Boundary Review of King County and the King County Superior Court in accordance with the requirements of RCW 36.93 and RCW 35.13A.020. The City's first billing date will be on the last day of a month following said Effective Date of Agreement and will include all water consumed between the last reading date done by Water District No. 25 personnel and the City's commencement date for the meter reading and the first billing. The Tukwila base meter charge will be applied to all City of Tukwila billings. A'1 "PEST /AUTHENTICATED: ane E. Cantu, City Clerk WATER DISTRICT 25 ommission6r, Water District 25 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: B " T WATER DISTRICT 25 etAL Commissioner, Water Distr t 25