07-045 - King County Water District #125 - Water Facilities Foster Point (Interurban)

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2.04 The City agrees to pay all costs and expenses relating to the disconnection of the Water Main and the Water Facilities from the District's water system, the connection of such facilities to the City's water system and to transfer the Interurban Area and the District's water service customers located therein to the City's water service area, including, but not limited to any fees, expenses, costs and charges imposed by any Agency related to or as a condition of approving such transfer of customers or water service area, provided the District shall provide personnel at District's expense for and to inspect the disconnection of the Water Main and the Water Facilities from the District's water system. 2.05 The Parties agree to cooperate to effect the purposes of this Agreement and to execute any further agreements and documents required for the immediate transfer of the Water Main and the Water Facilities to the City and the later transfer of the Interurban Area water service area and the District's water customers located therein to the City. In the event the District later transfers its customers to the City in the Interurban Area, the City agrees to provide such customers with at least forty-five days written and mailed notice before the date of such transfer. 2.06 The service areas and attendant rights and obligations of this Agreement shall be included as an amendment to the Parties' respective water comprehensive plans and any amendments thereto. 2.07 The Parties shall give notice of the adoption of this Agreement, as may be required, to King County, the City of Seattle, CWA, the Department of Ecology, the Department of Health, the WUUC, the King County Boundary Review Board and to any other agency with jurisdiction. SECTION 3: MISCELLANEOUS 3.01 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the District under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 3.02 Attorneys' Fees. In any claim or lawsuit for damages arising from the Parties' performance of this agreement, each Party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit. 3.03. Assignment. Any assignment of this Agreement by either Party without the written consent of the other Party shall be void. 3.04. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the District. 2/14/20079:34.10 AM 350037.011358829 0027j7S3901'.DOC -3-