HomeMy WebLinkAbout15-115 - Valley View Sewer District - Sewer Services for the Loop15-115(a)
Council Approval 4/16/18
VALLEY VIEW SEWER DISTRICT AND CITY OF TUKWILA
AMENDED SEWER SERVICE AGREEMENT
THIS AMENDED SEWER SERVICE AGREEMENT ("Agreement") is made and
entered into by and between VALLEY VIEW SEWER DISTRICT, King County, Washington
("District") and the CITY OF TUKWILA, Washington ("City"), each a Washington municipal
corporation (collectively the "Parties" and individually a "Party").
RECITALS
A. The City, a non -charter code city operating under Title 35A RCW, and the
District, a sewer district operating under Title 57 RCW, both own and operate sewer collection
systems within their respective sewer service areas.
B. Pursuant to RCW 35A.11.040, RCW 35.67.300, RCW 57.08.005(12), and
Chapter 39.34 RCW, the Parties are authorized to cooperate with each other to provide sewer
services in a manner that will best satisfy the geographic, planning, economic, financing and
development interests of the Parties.
C. An area of the City bounded generally by South 160th Street, 42nd Avenue South,
State Route 518, and 51St Avenue South, and commonly referred to as the loop area ("Loop
Area"), currently is not served by a public sewer system. The Loop Area is not within the
boundaries of the District.
D. Pursuant to RCW 57.08.005(5), the District is authorized to acquire, construct,
maintain and operate sewer systems, both within the District and outside the District. Pursuant to
this authority, the District has adopted a comprehensive plan that includes most of the Loop Area
within its sewer service area.
E. The City is constructing a street project on 42nd Avenue South, in the vicinity of
the Loop Area. In conjunction with this street project, the District is designing and planning an
eight -inch sewer pipe and manholes, together with appurtenances, at approximately 42nd Avenue
South and State Route 518 ("District Project"). The District Project, combined with extensions
and facilities, would provide sewer service to the Loop Area. In contrast, the nearest City
manhole to the Loop Area is approximately 2,000 feet east of the Loop Area.
F. The Loop Area is within the City's current Sewer Comprehensive Plan. However,
construction of a sewer system in the Loop Area is a low priority for the City, as the native soils
in the Loop Area are sufficient to infiltrate wastewater for a majority of the on-site sewer
systems in the Loop Area. The City anticipates that several large lots within the Loop Area will
be developed in the near future, before the City would be able to construct a sewer system in the
Loop Area.
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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.
H. In June of 2015, the City and the District entered into the original Sewer Service
Agreement, #15-115 providing approval for the District to construct its proposed sewer system to
serve the Loop Area, which the Sewer Service Agreement was dated effective June 22, 2015.
Since that time, the City and the District have identified additional property within the Loop
Area that would also benefit from the District's construction of a sewer system in order to
facilitate development and the City and the District desire to amend the original Sewer Service
Agreement dated June 22, 2015 to authorize the District to construct a sewer system and provide
sewer service within the extended area.
I. The original area authorized to be served by the District is legally described in
Exhibit A-1 and depicted in Exhibit B-1. The extended area authorized to be served by the
District pursuant to this amended Agreement is legally described in Exhibit A-2 and depicted in
Exhibit B-2.
J. The Parties desire to set forth in this amended Agreement both the original and
amended terms and conditions relating to the District's authority to construct a sewer system to
serve the Loop Area. The Parties intend that this amended Agreement shall supersede and
replace the Sewer Service Agreement dated June 22, 2015 upon its approval and full execution
by the Parties.
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 manholes, together with appurtenances ("District Project"),
in conjunction with the City street project for 42nd Avenue South ("City Project"). The City will
process any permits and approvals for the District Project in a timely manner. in the event the
District fails to complete the installation of the sewer system in the Loop Area by January 1,
2021, the City shall in its sole discretion be authorized to construct the sewer system in order to
facilitate the provision of sewer service to the Loop Area and to seek reimbursement from the
District for the costs incurred by the City in accordance with the terms provided in this
Agreement. In the event the City constructs and completes the sewer system within the Loop
Area, the District and the City shall enter into a reimbursement agreement pursuant to which the
District will impose and collect for the benefit of the City an appropriate local facility connection
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charge from each property owner or customer seeking to connect to the District's sewer system
within the Loop Area. The local facility connection charge will include interest charges applied
from the date construction of the sewer system within the Loop Area is complete until the
connection, or for a period not to exceed ten (10) years, whichever is shorter. The interest rate
shall be commensurate with the rate of interest applicable to the City at the time of construction
but shall not exceed LThree 1 percent (3%) per annum. The amount of the local facility
connection charge to be imposed for the benefit of the City shall be based on the City's actual
expenses incurred in constructing the sewer system, excluding any portion of the sewer facilities
paid for by grants or other donated facilities, so that property owners and customers seeking to
connect to the District's sewer system shall pay for their equitable share of the cost of the sewer
system within the Loop Area. Any sewer facilities constructed by the City within the Loop Area
shall be deemed to be District property upon final acceptance of the sewer facilities by the City
and the City shall provide the District with a bill of sale to evidence the District's ownership of
such sewer facilities.
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 on Exhibits A-1
and A-2 and depicted in Exhibits B-1 and B-2 ("Loop Area"). Upon full execution of this
Agreement, the District shall become the approved provider of sewer service for the Loop Area.
3. District as Sewer Service Provider. Upon becoming the approved 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, except as otherwise provided for
in this Agreement. 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. Upon full execution of this amended Agreement, the Agreement
shall supersede and replace the original Sewer Service Agreement dated June 22, 2015. The
effective date of this amended Agreement shall be retroactive to June 22, 2015, the effective date
of the original Sewer Service Agreement.
6. Amendment of Laws and Plans. As soon as reasonably possible following the
District's becoming the sewer service provider for the Loop Area, the Parties shall amend their
respective plans, ordinances, and resolutions that relate to the ownership, operation and
maintenance of a sewer system in and sewer service for the Loop Area. The` City shall support
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and approve any amendments to the District's comprehensive plan for the Loop Area.
7. Cooperation. The Parties shall cooperate with each other with regard to the
District's issuance of permits and approvals for and contracts relating to construction of
extensions and connections to the District's sanitary sewer system in the Loop Area, and the
City's issuance of permits and approvals for development of property and construction of
buildings and structures in the Loop Area.
8. District ULID's and District Annexation. The Parties acknowledge that the
construction of the sewer system, or any portion thereof, for the Loop Area may involve the
creation of a District utility local improvement district, and that the District lacks authority to
form a utility local improvement district outside of its territory or boundaries. The City shall
support any District proposed annexation of the Loop Area, or any portion thereof. Upon
District annexation of the Loop Area, or portion thereof, the City shall support the District's
formation of a utility local improvement district in the annexed area.
9. Dispute Resolution. The Parties shall first attempt to resolve any dispute arising
under the Agreement by discussions among a City representative or representatives selected by
the Mayor and a District representative or representatives selected by the President of the Board
of Commissioners. If the discussions are not successful, the Parties shall engage in mediation
within forty-five (45) days of termination of discussions, according to a process and before a
mediator agreed upon by the Parties. The Parties shall not resolve a dispute by mandatory
arbitration. The Parties reserve their rights to pursue any available Court remedies at any time
after the conclusion of the mediation.
10. Records review. Upon three (3) business days' notice, or upon notice agreed
upon by the Parties, a Party shall have the right to inspect and copy, without charge, all records
of the other Party relating to this Agreement or its subjects.
11. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officers, officials, employees
and volunteers, from any and all claims, injuries, damages, losses or suits, including attorney
fees, arising out of or resulting from any negligent acts, errors, omissions of the indemnifying
Party and its officers, officials, employees and volunteers in performing obligations under this
Agreement. However, if any such injuries and damages to persons or property are caused by or
result from the concurrent negligence of the District or its officers, officials, employees and
volunteers, and the City or its officers, officials, employees and volunteers, each Party's
obligation hereunder applies only to the extent of the negligence of such Party or its officers,
officials, employees or volunteers.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each
Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity
of claims made by the indemnitor's employees. This waiver has been mutually negotiated.
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This Section 11 shall survive the termination of this Agreement.
12. Notices. All notices and other communications under this Agreement shall be in
writing by regular U.S. mail or certified mail, return receipt requested.
If to the City, the notice shall be sent to:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188-2544
Attention: Public Works Director
or to such other person or place as the City shall furnish to the District in writing. If to the
District, the notice shall be sent to:
Valley View Sewer District
3460 S. 148th Street, Suite 100
Seattle, WA 98168
Attention: Manager
or to such other person or place as the District shall furnish to the City in writing. Notices shall
be deemed given upon delivery or, if mailed, upon the earlier of actual receipt or three (3)
business days after the date of mailing.
13. Waiver. Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other or subsequent breach and shall not be construed to be a modification
of the terms of this Agreement, unless stated to be such through written approval of the non -
breaching Party and attachment of such written approval to this Agreement.
14. Severability. If any section or part of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, such action shall not affect the validity or
enforceability of any other section or part of this Agreement, and the Parties agree to work in
good faith to reform this Agreement to conform it to the Parties original intent.
15. Agreement Administration. The Parties do not by this Agreement create any
separate legal or administrative entity. The City's Mayor, or designee, and the District's
Manager, or designee, shall be responsible for the administration of this Agreement. The Parties
do not intend to jointly own any real or personal property as part of this undertaking. The Parties
will work cooperatively together to further the intent and purpose of this Agreement. Pursuant to
RCW 39.34.040, the City shall list this Agreement on the City's website.
16. Entire Agreement; Exhibits; Amendment. This Agreement contains the entire
written agreement of the Parties and supersedes all prior discussions. The recitals and the
Exhibits attached hereto are incorporated into this Agreement as though fully set forth herein.
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This Agreement may be amended only in writing, signed by both Parties.
17. Successors. All of the provisions, conditions, regulations and requirements of this
Agreement shall be binding upon the successors and assigns of the Parties.
18. No Third Party Rights. This Agreement is solely for the benefit of the Parties and
gives no right to any other party or person.
19. No Joint Venture. No joint venture or partnership is formed as a result of this
Agreement. No employees or agents of one Party or any of its contractors or subcontractors
shall be deemed, or represent themselves to be, employees of the other Party.
20. Jurisdiction and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of Washington. The Superior Court of King County, Washington, shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
21. Prevailing Party Costs. If either Party incurs attorney fees, costs or other legal
expenses to enforce the provisions of this Agreement against the other Party, all such fees, costs
and expenses shall be recoverable by the prevailing Party.
22. Counterparts. This Agreement may be signed in counterparts and, if so signed,
shall be deemed one integrated agreement.
23. Further Documents. The Mayor and the President of the Board of
Commissioners, or their designees, are authorized to execute or furnish such documents as may
be necessary to implement and consummate this Agreement and the actions, duties or
responsibilities of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their authorized representatives.
CITY • F TUKWI
� V/11
Ma M bcn�
Date: t; In I 11, /84
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VALLEY VIEW - EWER DISTRICT
Date: -yob !el
Attested to:
Secretary Board of Commissioners
Approved as to form: Approved as to form:
CAtLiMiOrGb1/4.
-
City Attorney Eric C. Frimodt, District Attorney
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Exhibit A-1
Valley View Sewer District
Tukwila Loop Boundary Description
That portion of the Southeast Quarter of Section 22, Township 23 North, Range 4 East, W.M.
Tying southwesterly of the southwesterly margin of State Route No. 518, as shown on Sheet 7
and 8 of approved Washington State Department of Transportation Right of Way plans for State
Route No. 518, Mile Post 0.39 to Mile Post 3.10, Riverton Heights, State Route No. 509 to State
Route No. 5, approved March 6, 1969.
Except the East half of the Southeast Quarter of the Southeast Quarter of said Section 22.
And Except Lot 64, Plat of Sunnydale Gardens Division No. 1, recorded in Volume 25 of Plats,
Page 50, records of King County, Washington;
And Except that portion of the South half of said Southeast Quarter of said Section 22 lying west
of Lot 34 of said plat, and it's southerly extension to the south line of South 158th Street;
And Except Lots 107 through 109 in said plat of Sunnydale Gardens Division No. 1;
And Except the North Half of South 160th Street;
Together with that portion of Lot 106, of said plat, Tying south of said southwesterly margin of
said State Route No. 518.
Situate in the City of Tukwila, County of King, State of Washington.
Exhibit A-2
Valley View Sewer District
Tukwila Loop Boundary Description
That portion of the Southeast Quarter of the Southeast Quarter of Section 22, Township 23
North, Range 4 East, W.M. and the Southwest Quarter and the Southwest Quarter of the
Southwest Quarter of Section 23, Township 23 North, Range 4 East, W.M. Tying south of the
southerly margin of State Route No. 518, as shown on the approved Washington State
Department of Transportation Right of Way plans for State Route No. 518, Mile Post 0.39 to
Mile Post 3.10, Riverton Heights, State Route No. 509 to State Route No. 5, approved March 6,
1969, More particularly described as follows:
Beginning at a point on the east line of the Southeast Quarter of said Section 22, said point
being 30 feet northerly of the southeast corner of said section;
Thence westerly parallel with the south line of said section to the west line of the east half of the
Southeast Quarter of the Southeast Quarter of said Section 22;
Thence northerly along said west line to the southerly margin of said State Route No. 518;
Thence southeasterly along said southerly margin to the west line of the Southwest Quarter of
said Section 23;
Thence continuing southeasterly, northeasterly, southeasterly and southerly along said margin
to the south line of Lot 10, Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page
47, records of King County Washington;
Thence westerly along said south line and its westerly extension the west margin of 53rd Avenue
South.;
Thence south along said westerly margin to a line 30' north and parallel with the south line of
the Southwest Quarter of said Section 23;
Thence westerly along said line to the west line of the Southwest Quarter of said Section 23 and
the Point of Beginning.
Situate in the City of Tukwila, County of King, State of Washington.
Mar 6, 2018
EXHIBIT C
City of Tukwila
Washington
Ordinance No 4224'7
AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF
TtiKWILA, WASHINGTON, ESTABLISHING SEWER CONNECTION
REQUIREMENTS FOR THS DUWAMXSH AREA; DEFINING
SERVICE AREA BOUNDARIES; PROVIDING FOR BEVERABUITY;
AND ESTABLLSHING AN EFFECTIVE DATE.
'WHEREAS, a sewer plan adenbfying seven residential and two commeraai
areas has been prepared with a prioritized construction schedule; and
WHEREAS, the Qty of Tukwila has granted the Val Vue Sewer Distract the tight
to install and operate the saattary sewer system for the Duwanuah neighborhood; and
WHEREAS, sewer lines meet Washington State Department of Ecology
standards; and
•
WHEREAS, a Sewer Connection Charge will be paid at the tune of connecting or
before final building permit approval to the Val Vue Sewer District for new faalthes
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS.
Section 1. Duwamish Sewer Connection Charges.
Duwamish area homes - as spelled out by Section 2 of trios ordinance, existing on
November S0, 2002 - will be required to connect to the sewer and pay the
associated connection charges of any portion of any budding is situated within
250 feet of a sanitary sewer lire or lateral, and sF
a) 'septic or health problems are identffted by king County Health Department
that require repair of the septic teak system, or
b) the home changes ownership, or
c) remodeling occurs, adding a bathroom or bedroom
Section 2. Service Area Boundaries. The Dewamish service area is bordered
by the Dawanush Elver on the north and the east Best Marginal Way South on the
west; and Interurban Avenue South on the south, as shown on the map attached to this
ordinance (Bialubit A).
Section 4. SeverabiItty. If any sectio:, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be Heid
to be Invalid or nnconatituttonat for any reason by a court of competent tunsdiction,
such invalidity or lmconstrtutionality shall riot affect the vandaty or constitutionality of
the remaining portions of this ordinance or its application to any other person or
ntuataon.
Section 9. Effective Date. T'lus ordinance or a summary thereof =an be published
in the official newspaper of the sty, and shall take effect and be in full force five days after
passage and publication u provided by law.
PASSED 8Y THE CITY COUNCIL OF THE CITY OF TUKWU.A,
WAGtUN'GTON, at a Regular Meeting thereof . this .2.-'i .1 day of
.t 4,,s.rr✓N-of-<4J ,2002
� e tivliV'uSX2i.1-'
Steven ht. Mullet; Mayor
ATTEST/AttrHBNTICATBDi
L..J I e -id'27.4.
tie E Cantu, CMC, Qty Clerk
APPROVED AS TO FORMBY
ty Atto:
Filed with the city Clerk*
Passed by the City Council
Published*
Effective Date:
Orduiauce Number
20030213002124.002
27
15-115
Council Approval 5118115
VALLEY VIEW SEWER DISTRICT AND CITY OF TUKWILA
SEWER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into by and between VALLEY VIEW SEWER
DISTRICT,King County, Washington("District") and the CITY OF TUKWILA, Washington
("City"), each a Washington municipal corporation (collectively the "Parties" and individually a
"Party").
RECITALS
A. The City, a non-charter code city operating under Title 35A RCW, and the
District, a sewer district operating under Title 57 RCW,both own and operate sewer collection
systems within their respective sewer service areas.
B. Pursuant to RCW 35A.11.040, RCW 35.67.300, RCW 57.08.005(12), and
Chapter 39.34 RCW, the Parties are authorized to cooperate with each other to provide sewer
services in a manner that will best satisfy the geographic,planning, economic, financing and
development interests of the Parties.
C. An area of the City bounded generally by South 160th Street, 42nd Avenue South,
State Route 518, and 51St Avenue South, and commonly referred to as the loop area("Loop
Area"), currently is not served by a public sewer system. The Loop Area is not within the
boundaries of the District.
D. Pursuant to RCW 57.08.005(5), the District is authorized to acquire, construct,
maintain and operate sewer systems, both within the District and outside the District. Pursuant
to this authority,the District has adopted a comprehensive plan that includes most of the Loop
Area within its sewer service area.
E. The City is designing and planning a street project on 42nd Avenue South, in the
vicinity of the Loop Area, with construction anticipated in 2016. In conjunction with this street
project,the District is designing and planning an eight-inch sewer pipe and a manhole,together
with appurtenances, at approximately 42nd Avenue South and State Route 518 ("District
Project"). The District Project, combined with extensions and facilities, would provide sewer
service to the Loop Area. In contrast, the nearest City manhole to the Loop Area is
approximately 2,000 feet East of the Loop Area.
F. The Loop Area is within the City's current Sewer Comprehensive Plan.
However, construction of a sewer system in the Loop Area is a low priority for the City, as the
native soils in the Loop Area are sufficient to infiltrate wastewater for a majority of the on-site
sewer systems in the Loop Area. The City anticipates that several large lots within the Loop
Area will be developed in the near future, before the City has constructed a sewer system in the
Loop Area.
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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-
perpetual.
6. Amendment of Laws and Plans. As soon as reasonably possible following the
District's becoming the sewer service provider for the Loop Area,the Parties shall amend their
respective plans, ordinances, and resolutions that relate to the ownership, operation and
maintenance of a sewer system in and sewer service for the Loop Area. The City shall support
and approve any amendments to the District's comprehensive plan for the Loop Area.
7. Cooperation. The Parties shall cooperate with each other with regard to the
District's issuance of permits and approvals for and contracts relating to construction of
extensions and connections to the District's sanitary sewer system in the Loop Area, and the
City's issuance of permits and approvals for development of property and construction of
buildings and structures in the Loop Area.
8. District ULID's and District Annexation. The Parties acknowledge that the
construction of the sewer system, or any portion thereof, for the Loop Area may involve the
creation of a District utility local improvement district, and that the District lacks authority to
form a utility local improvement district outside of its territory or boundaries. The City shall
support any District proposed annexation of the Loop Area, or any portion thereof. Upon
District annexation of the Loop Area, or portion thereof,the City shall support the District's
formation of a utility local improvement district in the annexed area.
9. Dispute Resolution. The Parties shall first attempt to resolve a dispute by
discussions among a City representative or representatives selected by the Mayor and a District
representative or representatives selected by the President of the Board of Commissioners. If the
discussions are not successful, the Parties shall engage in mediation within forty-five (45) days
of termination of discussions, according to a process and before a mediator agreed upon by the
Parties. The Parties shall not resolve a dispute by mandatory arbitration. The Parties reserve
their rights to pursue any available Court remedies at any time after the conclusion of the
mediation.
10. Records review. Upon three (3)business days notice, or upon notice agreed upon
by the Parties, a Party shall have the right to inspect and copy, without charge, all records of the
other Party relating to this Agreement or its subjects.
11. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officers, officials, employees
and volunteers, from any and all claims, injuries, damages, losses or suits, including attorney
fees, arising out of or resulting from any negligent acts, errors, omissions of the indemnifying
Party and its officers, officials, employees and volunteers in performing obligations under this
Agreement. However, if any such injuries and damages to persons or property are caused by or
result from the concurrent negligence of the District or its officers, officials, employees and
volunteers, and the City or its officers, officials, employees and volunteers, each Party's
obligation hereunder applies only to the extent of the negligence of such Party or its officers,
officials, employees or volunteers.
466038.3 1 089539 1 0001 -3-
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each
Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity
of claims made by the indemnitor's employees. This waiver has been mutually negotiated.
This Section 10 shall survive the termination of this Agreement.
12. Notices. All notices and other communications under this Agreement shall be in
writing by regular U.S. mail or certified mail,return receipt requested.
If to the City, the notice shall be sent to:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188-2544
Attention: Michael Cusick
or to such other person or place as the City shall furnish to the District in writing. If to the
District,the notice shall be sent to:
Valley View Sewer District
3460 S. 148th Street, Suite 100
Seattle, WA 98168
Attention: Manager
or to such other person or place as the District shall furnish to the City in writing. Notices shall
be deemed given upon delivery or, if mailed, upon the earlier of actual receipt or three (3)
business days after the date of mailing.
13. Waiver. Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other or subsequent breach and shall not be construed to be a modification
of the terms of this Agreement, unless stated to be such through written approval of the non-
breaching Party and attachment of such written approval to this Agreement.
14. Severability. If any section or part of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, such action shall not affect the validity or
enforceability of any other section or part of this Agreement, and the Parties agree to work in
good faith to reform this Agreement to conform it to the Parties original intent.
15. Agreement Administration. The Parties do not by this Agreement create any
separate legal or administrative entity. The City's Mayor, or designee, and the District's
Manager, or designee, shall be responsible for the administration of this Agreement. The Parties
do not intend to jointly own any real or personal property as part of this undertaking. The Parties
will work cooperatively together to further the intent and purpose of this Agreement. Pursuant to
466038.3 1 089539 I 0001 -4-
RCW 39.34.040, the City shall list this Agreement on the City's website.
16. Entire Agreement; Exhibits; Amendment. This Agreement contains the entire
written agreement of the Parties and supersedes all prior discussions. The recitals and the
Exhibits attached hereto are incorporated into this agreement as though fully set forth herein.
This Agreement may be amended only in writing, signed by both Parties.
17. Successors. All of the provisions, conditions,regulations and requirements of this
Agreement shall be binding upon the successors and assigns of the Parties.
18. No Third.Party Rights. This Agreement is solely for the benefit of the Parties and
gives no right to any other party or person.
19. No Joint Venture. No joint venture or partnership is formed as a result of this
Agreement. No employees or agents of one Party or any of its contractors or subcontractors
shall be deemed, or represent themselves to be, employees of the other Party.
20. Jurisdiction and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of Washington. The Superior Court of King County, Washington, shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
21. Prevailing Party Costs. If either Party incurs attorney fees, costs or other legal
expenses to enforce the provisions of this Agreement against the other Party, all such fees, costs
and expenses shall be recoverable by the prevailing Party.
22. Counterparts. This Agreement may be signed in counterparts and, if so signed,
shall be deemed one integrated agreement.
23. Further Documents. The Mayor and the President of the Board of
Commissioners, or their designees, are authorized to execute or furnish such documents as may
be necessary to implement and consummate this Agreement and the actions;duties or
responsibilities of this Agreement.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by
their authorized representatives.
CITY OF TUKWIL A VALLEY VIEW SEWER DISTRICT. liij412et/2.
Ovt
Mayor // Boar Presiders
Date: le%/9 Date: �e y
Attested to: Attested to:
466038.3 1 089539 1 0001 -5-
iCity Clerk Cle to Board of Commissioners
Approved as to form: Appro '4 as to •
City Attorney Rod P. Kaseguma, D,~rict Attorney
466038.3 1 089539 1 0001 -6-
Exhibit A
Valley View Sewer District
Tukwila Loop Boundary Description
That portion of the Southeast Quarter of Section 22, Township 23 North, Range 4 East, W.M.
lying southwesterly of the southwesterly margin of State Route No. 518, as shown on Sheet 7
and 8 of approved Washington State Department of Transportation Right of Way plans for State
Route No. 518, Mile Post 0.39 to Mile Post 3.10, Riverton Heights, State Route No. 509 to State
Route No. 5, approved March 6, 1969.
Except the East half of the Southeast Quarter of the Southeast Quarter of said Section 22.
And Except Lot 64, Plat of Sunnydale Gardens Division No. 1, recorded in Volume 25 of Plats,
Page 50, records of King County, Washington;
And Except that portion of the South half of said Southeast Quarter of said Section 22 lying west
of Lot 34 of said plat, and it's southerly extension to the south line of South 158th Street;
And Except Lots 107 through 109 in said plat of Sunnydale Gardens Division No. 1;
And Except the North Half of South 160th Street;
Together with that portion of Lot 106, of said plat, lying south of said southwesterly margin of
said State Route No. 518.
Situate in the City of Tukwila, County of King, State of Washington.
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J:\Data\VSD1115-005\SW Loop(Codd-Tapio)and Tukwila Loop SewePGIS\Exhibit B.mod By zschrempp Plot Date:5/21/2015 Coordinate System.NAD 1983 StatePlane Washington North FIPS 4601 Feet
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20030213002124.002
EXH I BIT C
raos
City of Tulcvvila
Washington
Ordinance No. 44'4'7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA,WASHINGTON,ESTABLISHING SEWER CONNECTION
REQUIREMENTS FOR THE DUWAMISH AREA; DEFINING
SERVICE AREA BOUNDARIES;PROVIDING FOR SEVERAPRITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, a sewer plan identifying seven residential and two commercial
areas has been prepared with a pnoribzed construction schedule;and
WHEREAS,the City of Tukwila has gninted the Val Vue Sewer Distract the right
to install and operate the sanitary sewer system for the Duwamish neighborhood;and
WHEREAS, sewer lines meet Washington State Department of Ecology
standards;and
WHEREAS,a Sewer Connection Charge will be paid at the time of connecting or
before final building permit approval to the Val Vue Sewer District for new facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON,HEREBY ORDAINS AS FOLLOWS.
Section 1. Duwamiab Sewer Connection Charges.
Duwaaush area homes—as spelled out by Section 2 of this ordinance,existing on
November S0, 2002—will be required to connect to the sewer and pay the
associated connection charges if any portion of any building is situated within
250 feet of a sanitary sewer lire or lateral,and if
a) septic or health problems are identified by icing County Health Department
that require repair of the septic tank system,or
b) the home changes ownership,,or
c) remodeling occurs,adding a bathroom or bedroom
Section 2. Service Area Boundaries. The Duwamish service area is bordered
by the Duwamrsh River on the north and the east,East Marginal Way South on the
west;and Interurban Avenue South on the south,as shown on the map attached to this
ordinance(Exhibit A).
Section 4. Severability. If any section,subsection,paragraph,sentence,clause
or phrase of this ordinance or its application to any person or situation should be held
to be invalid or unconstitutional for any reason by a court of competent Jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
the remaining portions of this ordinance or its application to any other person or
situation.
Section S. Effective Date. This ordinance or a summary thereof shall be published
in the officud newspaper of the Qv,and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASI TGTON, at a Regular Meeting thereof _this .min.1 day of
6L,. ,�s�vrr�Qe+J ,2002.
S�tw.i P.e lv.w..<12r.%--
Steven M.Mullet;Mayor
ATTEST/AUTHENTICATED:
t_f t.(?f .
gliE Cantu,CMC,City Clerk Filed with the City Clerk.ii/t7/41 2
Passed by the City Council /22/497,1-1
APPROVED AS TO FORM BY Published:
.� Effective Date: .� •2
Ordinance Number. "
fhce o ty Attorney
27