15-115 - Valley View Sewer District - Sewer Services for the Loop

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G. The District is willing to construct and install the District Project, and to investigate and plan for sewer service to the Loop Area, as long as the City supports the construction and installation of the District Project, authorizes the District to provide and control sewer service to the Loop Area, and authorizes the property owners who connect to the sewer system to become District customers. The City is willing to allow the District to construct, install and plan for a sewer system to serve the Loop Area, in order to facilitate development of the Loop Area and to eliminate on-site sewer systems, as necessary. The Parties desire to set forth in this Agreement the terms and conditions of such an arrangement and authorization. AGREEMENT In furtherance of the foregoing and in consideration of the following terms and conditions,the District and the City agree as follows: 1. District Construction of Sanitary Sewer Facilities. The District shall design and construct a sanitary sewer pipe and a manhole,to:ether with appurtenances ("District Project"), in conjunction with the City street project for 42"Avenue South("City Project"). The City Project is anticipated to be constructed in 2016. The City will process any permits and approvals for the District Project in a timely manner. 2. Designation of and Provider for Sewer Service Area. The District Project will allow for eventual sewer service to the area of land within the City described in Exhibit A and shown on Exhibit B ("Loop Area"). After the District Board of Commissioners by resolution accepts the District Project, the District shall become the provider of sewer service for the Loop Area. 3. District as Sewer Service Provider. Upon becoming the provider of sewer service for the Loop Area,the District shall have the sole responsibility, power and authority to construct, condemn,purchase, acquire, maintain and operate the sewer system,together with any additions, extensions and betterments thereto. The District further shall have the sole responsibility, power and authority to fix, alter,regulate and control the charges and rates. Any District work in the City streets or right-of-way shall be subject to City ordinances,rules and regulations. After the District has become the provider of sewer service, property owners who connect to the sewer system shall be District customers, and shall be subject to all District laws and regulations. 4. Sewer Connection Ordinance. Upon request of the District,the City shall present to the Tukwila City Council an ordinance that requires the owners of property and buildings in the Loop Area to connect to the District's sewer system and to pay the District's sewer connection charges, in accordance with terms and conditions that are similar to Tukwila Ordinance No. 2007 at Exhibit C but that are established by the District. 5. Effective Date. The effective date of this Agreement shall be the date on which the last person of both Parties has executed this Agreement. The term of this Agreement shall be 466038.3 1 089539 1 0001 -2-