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MEMORANDUM AGREEMENT <br />Between the City of Tukwila and CenturyLink <br />for the 53rd Avenue South — <br />(S 137' Street to S 144th) <br />THIS AGREEMENT ("Agreement"), is entered into between the City of Tukwila, a <br />Washington municipal corporation ("City" or "Tukwila"), and Qwest Corporation d/b/a <br />CenturyLink QC a Washington corporation ("CenturyLink"). <br />RECITALS <br />WHEREAS, the City is making right-of-way improvements to 53rd Ave S. between S. <br />137th St. and S. 144th St. (the "Project"); and <br />WHEREAS, Tukwila has determined that its street improvement project is a public <br />project and will necessitate the relocation and new construction of CenturyLink utility <br />infrastructure ("Facilities"), including but not limited to conduit, fiber, copper, handholes, <br />manholes, and surface markers, located within the boundaries of the Project; and <br />WHEREAS, CenturyLink currently maintains and operates its utility infrastructure within <br />the 53rd Ave. S. public right-of-way3 and <br />WHEREAS, CenturyLink acknowledges that Tukwila has given notice to CenturyLink <br />and Third -Party users of the necessity to remove existing aerial utility infrastructure along 53rd <br />Ave S.; and <br />WHEREAS, relocation requires trenching within the public right-of-way and the parties <br />recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of <br />the parties to relocate their facilities; and <br />WHEREAS, CenturyLink and Tukwila intend for this Agreement to provide a process for <br />cooperation and coordination in the design, estimating, scheduling, construction, and payment <br />for, the utility undergrounding work in an efficient and cost-effective manner; <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br />contained and other good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, to facilitate construction of a joint trench, the parties agree as follows: <br />AGREEMENT <br />1. SCOPE OF WORK <br />JOINT TRENCH AGREEMENT— Page 1 of 11 (August 20, 2018) <br />(between City of Tukwila and CenturyLink Re: 53rd Ave S. project) <br />2 <br />