HomeMy WebLinkAbout1981 - Seelye Connection Abandonment Agreement - City of Seattle / King County - 8104280604
MUNICIPALITY OF METROPOLITAN SEATTLE
KING COUNTY
SEELYE CONNECTION ABANDONMENT AGREEMENT
THIS AGREEMENT, made as of the j day of 4pv-; 1
1981, between King County, a legal subdivision of the State of
Washington (hereinafter referred to as "the County "), and the
Municipality of Metropolitan Seattle, a metropolitan municipal
corporation of the State of Washington (hereinafter referred to
as "Metro ");
W I T N E S S E T H:
WHEREAS, the parties have heretofore entered into a long term
agreement for sewage disposal dated July 17, 1975 (hereinafter
referred to as the "Basic Agreement "); and
WHEREAS, said Basic Agreement superseded the Agreement for
Sewage Disposal dated June 19, 1961 with Ring County Sewerage and
Drainage District No. 4 (hereinafter referred to as the "Original
Agreement "); and
AREAS, pursuant to said Original Agreement, Metro constructed
the Seelye Connection as an interim metropolitan facility to tempor-
arily connect the local sewage facilities of Ring County Sewerage
and Drainage District No. 4 to the metropolitan sewage system; and
WHEREAS, construction of the Empire Way Interceptor in 1975
permanently connected most of the above described local sewage
facilities to the metropolitan sewage system; and
WHEREAS, in 1979, the County assumed the duty to maintain,
operate, repair, relocate and replace the Seelye Connection, as
identified on Exhibit A attached hereto; and
KHEREAS, complete abandonment of the Seelye Connection in
1981 is now deemed to be in the best interest of King County
and Metro:
T t:Err,nE, in consideration of the mutual covenants
:. -d h ;r•_ ..., it is h. 3grc :.. as fo11own:
Section 1. Definitions. The defined terms used in this
agreement shall have the meanings set forth in the Basic Agree-
ment, which is hereby incorporated by reference and made fully
a part of this agreement.
Section 2. Design and Construction of Certain Facilities.
It shall be the sole responsibility of the County to disconnect
all sewage facilities now tributary to the Seelye Connection and
to connect said facilities to the Empire Way Interceptor. Engineer
ing plans, specifications, and contract documents for the construc-
tion of facilities necessary to accomplish said connection to the
Empire Way Interceptor shall be submitted to Metro for review and
written approval before advertisement for bids. It shall also be
the responsibility of the County to cap or plug the upstream terminus
of the Seelye Connection following the aforementioned disconnec-
tion of tributary facilities. The County shall take any and all
reasonable action necessary to complete the work described in
this Section 2 during 1981.
Section 3. Ownership, use, and Maintenance of New Facilities.
The County shall own, operatr, and maintain all facilities con-
structed under the terns of this agreement. Metro shall have no
responsibility for operation and maintenance of these facilities.
Section 4.. LiabilitY, The County shall indemnify and hold harm-
less Metro from and against any and all claims, litigation,
demands and suits for any personal injuries and property damage
suffered or incurred by any person arising from the construction.
operation, maintenance, repair or replacement of the facilities
described in Section 2.
Section 5. Reimbursement Acount. In consideration of the
terns and conditions of this agreement, Metro agrees to pay the
County an a ou.nt equal to 50% of the total construction cost of
t om,. f L : _ :es c ons• r uctod ursuant to Section 2, said a-:ount not
.o•nl construction cost shall mean cr,ntr.nct
engin-vr.nq • 5;.;r 3n1 insr Ct ion cosy _ sales
_r . _ i of . d: cm.: nL.-. Arld r ig!1L:. of
ATTEST:
way, legal costs, and property restoration costs. Payment of the
reimbursement amount shall be made to the County following accept-
ance of the above described work by the County and within 60 days
of receipt of a properly documented invoice submitted to Metro.
Section 6. Basic Agreement Unchanged. Except as provided
in this agreement, all provisions of the Basic Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the date and year first written above.
ING COUNTY
County Execu •ve
MUNICIPALITY OF METROPOLITAN
SEATTLE
Executive Director
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