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Home My WebLink About07-045 - King County Water District #125 - Water Facilities Foster Point (Interurban) D ppp INTERLOCAL AGREEIMENT This Agreement "Agreement is entered into by and between the City of Tukwila, a Washington municipal corporation "City and King County Water District No. 125, a Washington municipal corporation "District (individually a "Party" and collectively the "Parties for the purposes set forth below. SECTION 1: RECITALS 1.01 Pursuant to Title 57 RCW, the District owns and operates a water system and provides water service to an area located within King County, Washington. The District obtains its water supply through a wholesale water supply agreement from the City of Seattle. 1.02 Pursuant to Title 35 RCW, the City owns and operates a water system and provides water service to an area located within King County, Washington. The City obtains its water supply from the Cascade Water Alliance "CWA 1.03 The District's corporate and water service area boundaries overlap or are adjacent to the City's corporate boundary and water service area. 1.04 The District owns and operates a water transmission main and appurtenances "Water Main in the area of 56th and 57th Avenues South known as Foster Point "Foster Point Area which is located within the City's corporate and water service area boundaries. The Foster Point Area and Water Main are depicted on Exhibit A attached hereto and incorporated herein by this reference. The City desires that the District now transfer ownership of the Water Main to the City for monetary and other consideration so that the City may serve existing City water customers from the Water Main. 1.05 The District also owns and operates water supply facilities including water mains, meters, meter boxes and appurtenances "Water Facilities in the area east of I -5, west of Interurban Avenue South and south to South 144th Street "Interurban Area as depicted on Exhibit A which is located within the District's water service area. The City desires that the District now transfer ownership of the Water Facilities to the City for monetary and other consideration. The City also desires that the District transfer its water service customers in the Interurban Area as depicted on Exhibit A to the City so that the City may provide water service to such customers and water service area. However, various approvals may be required as a precondition to the District's transfer of its customers in the Interurban Area to the City including approval by the City of Seattle, CWA and other governmental agencies. 1.06 Pursuant to Chapter 70.116 RCW, the District and the City and other water purveyors previously determined and agreed upon the water service areas between the parties as set forth in the South King County Coordinated Water System Plan. However, the Parties desire that the water service area boundary between the Parties be 2! 14/ 20079:34:10 AM 350037 .011358829j0027;7S3901!.DOC -I- modified and amended to be in accordance with this Agreement. Determining future service area boundaries between the City and the District will provide for maximum efficient use of existing and future facilities and orderly and efficient water system planning. 1.07 The purpose of this Agreement is to provide for the District's transfer and conveyance of all of its right, title and interest in the Water Main and the Water Facilities to the City in consideration of the City's payment to the District of certain monetary and other consideration and that the water service area boundary between the Parties be later modified and amended to provide for the transfer of the Interurban Area to the City's water service area. 1.08 The City and the District have the legal authority to cooperate with other municipalities on the basis of mutual advantage and efficient provision of municipal services pursuant to Chapter 39.34, the Interlocal Cooperation Act. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree as follows: SECTION 2: AGREEMENT 2.01 Upon the Effective Date of this Agreement, the District shall transfer and convey all of its right, title and interest in the Water Main and the Water Facilities to the City without warranty, express or implied, "as is" and "where is provided the District shall assign to the City any warranties it may have relating to such facilities from third parties. 2.02 In consideration of the District's transfer of the Water Main and the Water Facilities to the City, City agrees to pay the District the amount of Two Hundred Forty Three Thousand Six Hundred and Forty One Dollars ($243, 641.00) within 30 days of the Effective Date of this Agreement. 2.03 Following the transfer and conveyance of the ownership of the Water Main and the Water Facilities by the District to the City, the Interurban Area shall remain and continue to be in the District's water service area where the customers located within that area shall continue to be the District's water service customers. The maintenance responsibility of the service lines and meters will remain with the District throughout the duration that the District continues to bill said customers. The City shall be responsible for maintenance of the mains, valves, hydrants and appurtenances. The District shall have the right to continue to bill such customers for water service provided based on the meter readings for water service supplied from the Water Facilities to such customers; provided that the Parties agree to cooperate to obtain all approvals necessary from the City of Seattle, CWA and any other governmental agencies or associations (collectively "Agency" or "Agencies with jurisdiction relating to such customers and service area to transfer such area and customers to the City. 2/14/20079:34.10 AM 350037.0113588291002717S3901 !.DOC -2- 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- 3.05. Severabilitv. If any one or more sections, sub sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. 3.06. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City and the District, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire agreement between the Parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 3.07. Approval. Each Party shall approve this Agreement by appropriate resolution or ordinance and provide the other Party with a certified copy of same. below. 3.08. Effective Date. This Agreement will take effect on the last date signed APPROVED BY Motion of the City Council of the CITY OF TUKWILA, Washington, at is regular meeting held on the day of 'Le .a (zi 2007. 2/14/20079:34:10 AM 350037.01 I358829j0027i7S3901!.DOC -4- CITY OF TUKWILA: vv N,„0 0 V Steve Mullet, Mayor Date: ATTEST: gi o XAte-- etg/k&<_, Jaeantu, CIT$ CLERK Approved as to Form Office of the City Attorney Its: X6"F 4- Dated: 7 7-:s 7 iv l- c�23- t t{ aVo APPROVED BY RESOLUTION No. of the Board of Commissions of KING COUNTY WATER DISTRICT NO. 125 of King County, Washington, adopted at its regular meeting held on the day of f'p P& j 11 Y� 2007. KING COUNTY WATER DISTRICT NO. 125 1 Its Date: i By Date /j Approved as to Form Office of the District Attorney Its. Dated: z% /v /-7 P• Civil'FILES ".OpenFilr 096S'•%%'aterSen'iecArealnterlo al.DRAFT.1020u5.doc 2114i20079:34 :10 Aft 350037 01 {358829;0027753901 f.DOC -5- CPAC S. 144th ST. e vi 29 2 enm WI o l5 v0 dy v y w. 1 Exhibit A FOSTER POINT AREA II RBA AR A S. 142nd vi ai tic I 466 vi 300 0 150 300 ea 1 SEATTLE RENDERINO WORKS Arr,4 df7S$ ER /o m in TUKW II A INTy;TIE I! 144th sT t t�lE, Hill. 22 46'1 S. Z Pte] C-rw"t, f f...ax._ya -3 fa L L:::: t S S'?•• 3 3 L 71 vi King County Water District Number 125 a