HomeMy WebLinkAbout94-064 - Boeing - Storm Water System Use•
FOR
USE OF BOEING -OWNED STORM WATER SYSTEM BY CITY OF TUKWILA
The Boeing Company ("Boeing") owns an extensive storm water sewer
system in the area of Boeing Field. For many years, Boeing has
allowed the City of Tukwila ("City") and its predecessor in
interest, King County, to tie into Boeing's storm water sewer
system. Storm water from both sources then flows together through
Boeing's NPDES-authorized outfalls. Boeing and the City have
discussed the possibility of either (a) detaching the City's storm
water sewers from Boeing's storm water sewer system or (b) allowing
the present system to continue.
After detailed consideration of the issues involved, Boeing is
prepared to allow the City to continue to tie its storm water lines
into Boeing's storm water sewer system, subject to the following:
1. The City shall use best practices to minimize and/or eliminate
the collection by and/or discharge through its storm water
lines of contaminants, wastes, and other materials which would
contaminate the waters which receive the storm water outfall.
2. Nothing in this agreement is intended to require either party
to assume any liability or obligation which would otherwise be
the responsibility of the other party. The City will
indemnify and hold harmless Boeing from and against any and
all claims of third parties, including individuals,
corporation, and governments and governmental agencies,
relating to or in any way arising out of any discharge by the
City through Boeing's storm water system of any hazardous
substances, wastes, toxic materials, contaminants, or
chemicals.
3. Boeing will not require any severing of the City's storm
water lines from Boeing's storm water sewer system prior to
January 1, 2020 so long as the City has not discharged through
Boeing's storm water system any hazardous substances, wastes,
toxic materials, contaminants, or chemicals in violation of
applicable law. Boeing reserves the right after January 1,
2020 to reconsider its decision and to require the City to
detach its storm water lines from Boeing's storm water sewer
system.
4. Neither party is authorized to record this document. This
agreement does not grant a property interest of any kind to
the City.
DATED THIS
CITY OF TUKWILA
day of
. Rants, Mayor
Attest/Authenticated:
(//ja a Cantu, City Clerk
BOEING
1994.
Approved as to form:
Office of the City Attorney