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HomeMy WebLinkAboutRes 1302 - Agreement for Transfer of Water System Facilities and Customers from City of Seattle to City of Tukwila �!A:.. wq Q 1908 it o Washington Resolution No. 1302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR TRANSFER OF WATER SYSTEM FACALITIES AND CUSTOMERS FROM THE CITY OF SEATTLE TO THE CITY OF TUKWILA. WHEREAS, Seattle has been providing water service to certain areas outside its corporate boundary, including the areas generally known as and referred to herein as Ryan Hill, East Marginal Way South, and Oxbow areas; and WHEREAS, Seattle has provided such water service under the terms and conditions of King County Franchise No. 617, a twenty -five year franchise which expired on May 5,1994; and WHEREAS, King County Franchise No. 617 specifically identifies Tukwila's authority to assume water system facilities and responsibility for service subsequent to annexation of these areas into the City of Tukwila; and WHEREAS, the Ryan Hill, East Marginal Way South and Oxbow areas have been annexed to Tukwila and Tukwila has become the legal provider of government services; and WHEREAS, it is in the best interest of the property owners lying within the Ryan Hill, East Marginal Way South, and Oxbow areas, and the City of Tukwila, for Tukwila to be the provider of water service, as this will facilitate uniform administration of public service to its residents, streamline various permit processes and government services, and provide for comprehensive planning; and WHEREAS, in accordance with RCW 35.22.280, Tukwila has the right to provide water service to areas lying within Tukwila and desires to do so; and WHEREAS, the City of Tukwila is in the process of providing the necessary infrastructure to service the new customers through a $4,000,000 Bond Issue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Mayor of Tukwila is hereby authorized to sign an interlocal agreement with the City of Seattle upon approval by the City of Seattle to allow the transfer of assets and customers to the City of Tukwila. See Attachment A. PASSED BY THE CITY COiYNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this s day of ,1994. Q S L ^r. 4N. tee Steve Mullet, Council President ATTEST /AUTHENTICATED: r neE. Cantu, City Clerk APPROVED AS TO FORM: By: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number Attachment A 2/24/95 AGREEMENT FOR TRANSFER OF WATER SYSTEM FACILITIES AND CUSTOMERS FROM THE CITY OF SEATTLE TO THE CITY OF TUKWILA THIS AGREEMENT made this(; day of 1995, between THE CITY OF SEATTLE, a municipality hereinafter referred to as "Seattle and THE CITY OF TUKWILA, a municipality hereinafter referred to as "Tukwila WHEREAS, Seattle and Tukwila are municipal corporations organized under Title 35 RCW (Cities Towns) of the laws of the State of Washington; and, WHEREAS, Seattle has been providing water service to certain areas outside its corporate boundary, including the areas generally known as and referred to herein as Ryan Hill, East Mar- ginal Way South, and Oxbow areas; and, WHEREAS, Seattle has provided such water service under the terms and conditions of King County Franchise No. 617; and, WHEREAS, King County Franchise No. 617 specifically identifies Tukwila's authority to assume water system facilities and responsibility for service subsequent to annexation of these areas into the City of Tukwila; and, WHEREAS, the Ryan Hill, East Marginal Way South and Oxbow areas have been annexed to Tukwila and Tukwila has become authorized to provide government and water utility services; and, WHEREAS, Tukwila has the right to provide water service to areas lying within Tukwila and desires to do so; and, WHEREAS, Municipal Corporations are given the power to contract for cooperative ser- vices under of the laws of the State of Washington; and, NOW, THEREFORE, in consideration of the mutual benefits and covenants contained here- in, THE CITY OF SEATTLE and THE CITY OF TUKWILA hereby agree to the following: Section 1. Assumption of Responsibility. Tukwila hereby assumes by this agreement, all rights and the responsibility to provide water service to those areas generally known as Ryan Hill, East Marginal Way South and Oxbow area, which are specifically described by legal description and depicted by map in Exhibit A (Transfer Area Maps). System improvements indicated on Exhibit A are conceptual only and may not depict the actual improvements to be constructed in order to provide adequate service to the transfer areas. Additionally, Tukwila assumes ultimate service responsibility to all customers lying within these areas but as described in Section 5, may not directly provide such service to all customers immediately. Known customers at the time of this agreement are identified in Exhibit B (Customer Transfer List). Subject to Section 5 of this agreement, Seattle agrees to transfer all customers in the area shown in Exhibit A, and Tukwila agrees to all responsibility therefore. Responsibility for service includes all municipal responsibili- ties for providing domestic water service and fire protection, including distributing reclaimed water, in accordance with policies and practices of the Tukwila Water Utility as required by State Law, including the collection of bills, assessments and other charges. Tukwila assumes these responsibilities at no cost to Seattle. Section 2. Existino Citv Boundaries. This agreement does not alter the legal boundaries of either Seattle or Tukwila in any way and merely provides a contract for the transfer of facilities and future service responsibilities to certain customers as indicated on Exhibits A and B. Section 3. Wholesale Water Suor)ly Adiustment for Transferred Customers. Seattle agrees to sell water to Tukwila as a wholesale customer as set forth in the existing Seattle Purveyor Con- tract with Tukwila dated April 8, 1982. In accordance with the Purveyor Rate Structure portion of the Water Purvevor Contract between the City of Seattle and Tukwila, Tukwila shall be granted an "Old Water Allowance The annual amount of the Old Water Allowance is 71,697,600 cubic feet, distributed by month as follows: Month Allowance (cubic feet) January 5,777,800 February 5,862,900 March 5,556,500 April 5,752,500 May 5,596,700 June 5,970,500 July 6,777,100 August 7,556,900 September 6,893,500 October 5,870,200 November 5,835,700 December 6,051,800 After one year of billings by Tukwila, Seattle Water Department and Tukwila staff's will meet and review the one year consumption data. If the old water allowance set forth herein is determined to be low, based on one year of increased readings resulting from the use of new meters or missed meters (not- shown on Exhibit B), then the old water allowance will be increased accordingly. This adjustment will only occur if a monthly usage is 50,000 cubic feet or more than that listed in this, agreement. However, in no case shall the allowance for these transferred cus- tomers be greater than their average consumption measured from January 1, 1979 through De- cember 31, 1982. Section 4. East Marainal Wav Area. Tukwila will construct at its expense a new eighteen inch 0 8 distribution main along East Marginal Way South and provide service to all customers within the transfer area which are currently served by Seattle's existing facilities in this area. Existing Seattle services and distribution mains, exclusive of the Seattle transmission main in East Marginal Way South, as further defined in Section 8 and Exhibits B and C of this Agreement, will be transferred to Tukwila and reconnected to the new Tukwila water main along East Marginal Way South. Tukwila agrees to negotiate a franchise agreement with Seattle for continued opera- tion of Seattle's existing water main along East Marginal Way South as a transmission line. Tukwila further agrees to connect the new distribution main to Seattle's existing system at a point near 7755 East Marginal Way South in order to provide a back -up transmission intertie. Tukwila agrees to pay all costs associated with construction and maintenance of this interconnection. Any repair, maintenance or rehabilitation work by Seattle on the existing main in East Marginal Way South in Tukwila will only be allowed in accordance with the terms of a Tukwila street use permit or franchise. Open cutting of East Marginal Way South will not be allowed for a period of five years following Tukwila's completion of street improvements in the area. Both parties agree to mutual review and comment on any proposed water system facilities which provide intercon- nection of the two water systems and to mutual use of each other's facilities in the area insofar as such use is in accordance with the terms of said franchise agreement. Both parties agree that, to facilitate the construction of the new distribution main with minimum disruption of service, it may be prudent to switch some services from Seattle's existing main to Tukwila's new main prior to the transfer date. Such customers would continue to be considered Seattle's customers until the the transfer date provided herein despite being served via Tukwila's new main. Tukwila will not charge Seattle any "wheeling" charge for using Tukwila's new line in this manner during the construction period, nor thereafter as a back -up transmission intertie. Any water used by Seattle will be metered and adjusted against water metered into the Tukwila system. There will be no demand charge imposed by Seattle on Tukwila for any water Seattle draws from the Tukwila sys- tem. Section 5. Rvan Hill Area Service Provisions. In the Ryan Hill area, it is not feasible initial- ly to transfer all services lying inside the City of Tukwila to Tukwila, nor all services inside the City of Seattle to Seattle facilities. Therefore it is agreed that until additional facilities for each munici- pality are constructed, and additional individual service transfers are agreed upon, the following will occur. A. The premises listed below lying inside the City of Seattle will be provided water service by Tukwila. Seattle shall continue to bill such premises at its rates and, in compensation to Tukwila for providing such service, shall remit such proceeds minus any reasonable charge for collection to Tukwila on an annual basis. Tukwila shall maintain the watermains and facilities needed to pro- vide such service. 10404 M.L. King Jr. Way S. 4460 So. Ryan Way 11333 51 st Avenue S. 11321 51 st Avenue S. 5015 So. 113th St. (Avon) Others as may be later discovered. B. The premises listed below lying inside the City of Tukwila will continue to be served and billed by Seattle. Seattle shall maintain the watermains and facilities needed to provide such service. 10205 51st Avenue S. 10225 51 st Avenue S. 10307 51 st Avenue S. Others as may be later discovered. C. Fire hydrants in the Ryan Hill area may be used by either municipality for emergency use. All hydrants located on Tukwila water mains will be maintained by Tukwila, and all hydrants located on Seattle water mains will be maintained by Seattle. Section 6. Rvan Hill New Facilities. Certain new facilities are required to improve sub- standard facilities in the Ryan Hill Area. Seattle will grant Tukwila permission at no cost for the construction of the new facilities along Beacon Avenue South inside Tukwila. Tukwila agrees to assume responsibility for the design and construction of all required facilities and to pay all re- maining costs for system improvements within the Ryan Hill Area. Section 7. Oxbow Area. Service to the Oxbow area will be provided by Tukwila through a master meter connected to the existing 20 -inch Seattle main along West Marginal Way and 27th Avenue South. Seattle agrees to transfer all services and mains, exclusive of the 20 -inch main to Tukwila and to allow future connections to this facility. Tukwila agrees to negotiate a franchise with Seattle for the future operation of water system facilities along West Marginal Way and 27th Avenue South. Tukwila at its cost will provide the master meter for Seattle billing purposes at the time of the transfer of services. Section 8. Transfer of Assets. Under this agreement, Seattle conveys ownership, use and PAGE operation of all properties, facilities and services listed in Exhibit C (Facility Transfer List), and any facilities unknown but within the subject area, including all Seattle water line facilities and appur- tenances (except Seattle's transmission main facilities and other facilities specifically defined herein) within the area outlined in Exhibit A, to Tukwila. Seattle hereby certifies and warrants that there are no liens or indebtedness associated with any of the assets and facilities conveyed through this agreement and agrees to provide free and clear title to all such facilities. All such facilities transferred to Tukwila will be assumed in an "as is" condition. Section 8a. Transfer. of.Transmission Main. If Seattle decides to transfer all or any part of it transmission main along East Marginal Way South within 5 years of the signing of this agree- ment, Tukwila agrees to accept the main (or any part designated by Seattle) in an "as is" condi- tion and agrees to accept all responsibility for the transferred main after the date of the transfer, provided that Seattle must notify Tukwila of its decision within 5 years of the signing of this agreement. The date of transfer will be 30 days after Seattle notifies Tukwila of a decision to transfer. Section 9. Rates and Fees. Upon transfer of Seattle service connections to Tukwila, service customers transferred under this agreement will be charged rates and fees for provision of water service in accordance with Tukwila's rate ordinances, provided that no transfer of service customers will occur prior to January 1, 1996. Tukwila's rates shall be effective at the time of transfer as specified in Section 16 of this agreement. Section 10. Documents. Information and Access to be Furnished by Seattle. Seattle shall provide legible copies of all books, records, documents, and other information relating to the operation and maintenance of the facilities identified for transfer (Exhibit C). This includes all information relating to the consumption history of the service connections designated for transfer in Exhibit B including, but not limited to (as available from Seattle or in existence): a) all mainte- nance and flow records; b) all records, manuals and information relating to the transmis- sion /distribution system including pipe, meters and appurtenances thereto, and location of the distribution system; c) meter and consumption records associated with the services being trans- ferred; and, d) asbuilts, design drawings and other maps. Section 11. Customer Notification. Tukwila will be responsible for all notification of customers affected by this agreement and shall at least 30 days but not more than 90 days prior to actual customer transfer, inform each transferred customer of Tukwila's usual rates and fees to be charged for the provision of water service and the date which the transfer is to become effec- tive. Section 12. No Warrantv of Transferred Facilities and Indemnification. Seattle makes no warranty with respect to the condition of the facilities being transferred to Tukwila. Tukwila shall indemnify and defend Seattle against all costs, claims, or liability arising out of any damages or losses that are alleged to occur in connection with such facilities after the date of the transfer. Section 12a. Collection of Outstandino Bills. Tukwila and Seattle agree to a transfer of billing responsibilities at the time of transfer of services as specified in Section 16 of this agree- ment. Tukwila further agrees to assist Seattle insofar as possible in the collection of any cus- tomer billings which have occurred prior to the billing cut -off dates established. This shall include billing for metered water service charges and outstanding water main assessments. Section 13. Costs of Transfer. Seattle and Tukwila shall pay their respective costs for gathering information, preparing documentation, and preparing this agreement, including staff, legal and consultant costs. In consideration of the terms of this agreement, Tukwila agrees to pay Seattle $200,000. Payment of this amount is due on the transfer date established per Section 16. Section 14. Entire Aoreement. This agreement constitutes the entire agreement between the two parties hereto with respect to the transfer or other transaction contemplated herein and shall not be modified or amended in any way except in writing and signing by all parties hereto. Section 15. Further Action. Seattle and Tukwila mutually agree to execute all other instruments and documents as may be required by either party in order to consummate the as- sumption contemplated herein and shall use their best efforts to accomplish this transfer in accor- dance with the provisions of this agreement. Section 16. Effective Date of Aareement and Transfer Date. This agreement shall be in full force and effect upon signature by both parties. The transfer of responsibilities, customers, facili- ties and payments described in this agreement, and the first billing date from Tukwila to the trans- ferred customers, shall be on the first day of a calendar quarter following notice given by Tukwila to Seattle at least 90 days prior. The transfer date for water service shall coincide with the trans- fer date for wastewater service responsibility contained in a separate agreement. The transfer shall not occur until Tukwila has completed its East Marginal Way Watermain Project and is able to begin water service from the new watermain to the transferred customers in the East Marginal Way area, and Tukwila has made the payment to Seattle pursuant to Section 13. In no event shall the transfer occur before January 1, 1996. CI OF SEATTLE CITY OF TUK by by (OIJ� Z 9 /j�'S Norman B. Rice, Ma r n W. Rants, Mayor ATTEST /AUTHENTICATED: ATTEST /AUTHENTICATED: Q 4 1 Judith 41 p en, Cit Jerk Jane E. Cantu, City Clerk A ROVED AS M: APPROVED AS TO FORM: OFFICE OF THr CITY ATTORNEY FF1ICE OF THE CITY ATTORNEY PAGE LIST OF EXHIBITS EXHIBIT A TRANSFER AREA MAP AND LEGAL DESCRIPTIONS EXHIBIT B CUSTOMER TRANSFER LIST EXHIBIT C FACILITIES TRANSFER LIST EXHIBIT A LEGAL DESCRIPTION FOR TRANSFER OF SERVICE FROM SEATTLE TO TUKWILA All of those portions of Sections 28, 32 and 33 in Township 24 North, Range 4 East, W.M., and all of those portions of Sections 3, 4, 5, 9 and 10 in Township 23 North, Range 4 East, W.M., in King County, Washington generally described as follows: BEGINNING at the intersection of the East margin of East Marginal Way South with the North line of Section 33, Township 24 North, Range 4 East, W.M.; Thence along said North line which is also the Seattle City Limit Line S 89 0 17'40" E 868.00 feet more or less, to the centerline of the filled riverbed of the Duwamish River; Thence following Southerly and Easterly along this curving centerline of said filled riverbed, which is also the Seattle City Limit Line, a distance of approximately 3,400.00 feet to the North line of the Southeast quarter of Section 33, Township 24 North, Range 4 East, W.M.; Thence along said Sub Division Line which is also the Seattle City Limit Line S 88 0 32'07" E 1,895.00 feet more or less to the Westerly margin of Airport Way South; Thence Southerly along said Westerly margin of Airport Way South 2040 feet more or less to the East line of said Section 33; Thence Southerly along said East line which is also the Seattle City Limit Line and continuing Southerly 3125 feet more or less along said Seattle City Limit Line and the East line of Section 4, Township 23 North, Range 4 East, W.M. to the Southeast corner of the Northeast quarter of said Section 4; Thence East along the North line of the South half of Section 3, Township 23 North, Range 4 East, W.M. 3235 feet more or less to the Easterly boundary of Primary State Highway No. 2 now known as State Route 900 (Empire Way South /Martin Luther King Jr. Way South); Thence South along said Easterly boundary 620.00 feet more or less to the Northerly margin of South 107th Street (Also known as S. Ryan Way); Thence in a Southeasterly and Easterly direction along said Northerly margin 750 feet more or less to the East Line of the Northwest quarter of the Southeast quarter of Section 3, Township 23 North, Range 4 East, W.M.; Thence North along the East line of .said subdivision 940.00 feet, more or less, to the North line of said subdivision, also known as the North line of the Southeast quarter of said Section 3; Thence East along said North line 1320 feet more or less to the Westerly margin of 51st Avenue South; Thence South along said Westerly margin of 51st Avenue South 2530 feet more or less to the centerline of South 1 12th Street, being the North line of Section 10, Township 23 North, Range 4 East, W.M. being 30 feet more or less West of the Northeast corner of said Section 10; Thence running West along the North line of said Section 10, approximately 4730 feet more or less to the West line of East Marginal Way South; Thence South along said West line 850 feet more or less to the thread of the Duwamish River; I EXHIBIT A Thence Westerly and Northerly along said thread 2815 feet more or less to the line common to Sections 4 and 9 Township 23 North, Range 4 East, W.M.; Thence N 89'18'51" W along said common line 455 feet more or less to the Westerly limited access line of Primary State Highway No.1 (S.R.99); Thence Northerly and Northwesterly along said Westerly line and its northwesterly extension thereof across said Section 4 and Section 5, Township 23 North, Range 4 East, W.M., 6915 feet more or less to the North line of said Section 5; Thence easterly along said North line of said Section 5 and continuing along the North line of said Section 4, 2015 feet more or less to the thread of the Duwamish Waterway also being the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence Northerly along said thread of the Duwamish River, and waterway, 4915 feet more or less to the Southwesterly extension of the Easterly margin of 16th Avenue South in the Northeast quarter of Section 32, Township 24 North, Range 4 East, W.M.; Thence Northerly along said Easterly margin 1695 feet more or less to an intersection with the Westerly line of East Marginal Way South; Thence Southeasterly along said Westerly line 1 170 feet more or less to the North line of Section 33, Township 24 North, Range 4 East, W.M. (Also being the existing Tukwila City Limit Line); Thence S 89 °17'40" E along said North line 225 feet more or less to the POINT OF BEGINNING. Lori /013 2 EXHIBIT A i LEGEND g TWO WAY EMERGENCY INTERTIE TUKWILA CITY LIMITS PROPOSED IMPROVEMENTS REQUIRED FOR TRANSFER OTHER FACILITIES SEATTLE FACILITIES TO BE TRANSFERED TO TUKWILA BOUNDARY OF TRANSFER AREA Q SEATTLE ADDRESSES TO TUKWILA ADDRESSES TO BE SERVED BY TUKIMLA BE SERVED BY SEATTLE (D 11333 QA 11307 11321 Q 11225 (2 5015 11205 �i 4460 10404 N EAST MARGINAL WAY R� CEDAR RIVER S TRANSMISSION LINES 1,2 d 3 2 SO {i N o 1N l ..i•::::::. e::: WHOLESALE''' B METER OXBOW s y ..:ty;:::. AREA m 9, A So. BOUNG ACSS r S'O z CE I fTy .�p,N PR ?c I y 1 RYAN ti{? o 1 CI HILL I t CITY SEAT TRANS. L Y INE w SEAT cA r S)PP i j iiiii:•i:•i:i: :ii 4 Q 4 p0. 11 1 z GRAPHIC SCALE 0 0 90 1600 '�•f ?':�LES 1 1 I 1 WHOLESALE METER INTERCONNECT TO SEATTLE– TUKWILA SYSTEM I IN r= 1 L wDZS METER RELOCATE AND UPSIZE WHOLESALE METER CITY OF TUKWILA CITY OF SEATTLE TRANSFER AREA Penhallegon Associates Consulting Engineers, Inc. Page 3 EXHIBIT B CUSTOMER TRANSFER LIST EAST MARGINAL WAY SOUTH WATER METERS SWD Acct. Customer Name Service Address Number Joe Carrossino 111269 E Marginal Wy S 1 1666490 RJ Magda Torghele 111245 E Marginal Wy S 1 1668740 Yellow Freight Systems 111231 E Marginal Wy S 1 1666520 Yellow Freight Systems 111231 E Marginal Wy S 1 1666530 Yellow Freight Systems 111231 E Marginal Wy S 1 1666520 Ingsol- Rand /SPE/E A Halberg 111224 E Marginal Wy S 1 1752020 Ingsol- Rand /SPE/E A Halberg 111224 E Marginal Wy S 1 1752030 Val Vue Sewer District 111200.5 E Marginal Wy S I 1665310 Farwest Taxi 111180 E Marginal Wy S I 1666510 Sea Tac Ford Truck Sales 111065 E Marginal Wy S 1 1666540 Seattle Police Athletic Assoc. 111026 E Marginal Wy S 1 1752050 Seattle Police Athletic Assoc. 111026 E Marginal Wy S 1 1752060 Ben- Ko -Matic /McConkey Dev 111022 E Marginal Wy S 1 1752040 Bernard Imports /McConkey Dev 111020 E Marginal Wy S 1 1752080 BJ Enterprises /McConkey Dev 111004 E Marginal Wy S 1 1752090 Truck Trailer Sales /Robblee Ind 111001 E Marginal Wy S 1 1666560 Seattle Police Athletic Assoc. 111000 E Marginal Wy S I 1752070 Tuxedo Cafe /McConkey Dev 110990 E Marginal Wy S I 1666550 Evergreen Food /Rainier Prop. 110849 E Marginal Wy S 1 1668250 Evergreen Food /Rainier Prop. 110849 E Marginal Wy S 1752120 Janco- United /McConkey Dev 110850 E Marginal Wy S 1 1753520 Janco- United /McConkey Dev 110850 E Marginal Wy S I 1753530 Eastern Electric 110831 E Marginal Wy S I 1752140 Eastern Electric 110831 E Marginal Wy S I 1752130 Paul Nicewonger 110825 E Marginal Wy S I 1668840 Mrs. T W Traverso 110819 E Marginal Wy S I 1666590 Marie Medica 110802 E Marginal Wy S I 1666580 Val Vue Sewer District 110710.5 E Marginal Wy S I 1665300 Checker Towing 1 10800 E Marginal Wy S I 1666600 Skagen Marine 110615 E Marginal Wy S I 1667160 Associated Grocers 110450 E Marginal Wy S I 1666610 Annex Tavern/Robert Massa 110327 E Marginal Wy S 1 1667150 Fernando's Rest. /E. Schuehle 110315 E Marginal Wy S I 1752720 Strick Leasing /John Roach 110301 E Marginal Wy S 1 1667140 Factoria Auto Sales /S C Haaola 110300 E Marginal Wy S 1 1752220 NW Auto Wrecking 110228 E Marginal Wy S I 1666630 Credit Union of the Pacific 110208 E Marginal Wy S 1 1666640 Associated Grocers 110056 E Marginal Wy S I 1666650 Anna Josie 110035 E Marginal Wy S 1 1667120 Randy's Restaurant/Rilu Inc. 110016 E Marginal Wy S I 1724960 Boeing Military Airplane 1 10001 E Marginal Wy S I 1752710 Boeing Aerospace /Electro 110000 E Marginal Wy S I 1752230 Boeing Aerospace /Electro 1 10000 E Marginal Wy S 1 1752240 Page 1 EXHIBIT B CUSTOMER TRANSFER LIST EAST MARGINAL WAY SOUTH WATER METERS SWD Acct. Customer Name Service Address Number Associated Grocers 13301 S Norfolk St I 1724970 Metro 19960 E Marginal Wy S 1 1666660 Boeing Aerospace /Electro 19800 E Marginal Wy S 1 1752250 Boeing Aerospace /Electro 19800 E Marginal Wy S I 1752260 Boeing Military Airplane 19797 E Marginal Wy S I 1752700 Boeing Military Airplane 19797 E Marginal Wy S I 1752690 Boeing Military Airplane 12630 S 98th St I 1752670 Boeing Military Airplane 12401 S 98th St I 1752680 Boeing Military Airplane 19417 E Marginal Wy S I 1752660 Boeing Military Airplane 19417 E Marginal Wy S I 1752650 Boeing Military Airplane 19407 E Marginal Wy S 1 1753760 Museum of Flight Foundation 19404 E Marginal Wy S 1 1753490 Boeing Military Airplane 19403 E Marginal Wy S 1 1752630 Boeing Military Airplane 19335 E Marginal Wy S I 1752610 Boeing Military Airplane 19265 E Marginal Wy S I 1752600 King County Airport 19230 E Marginal Wy S I 1753480 Rhone Poulenc 19229 E Marginal Wy S I 1752570 9100 Company 19120 E Marginal Wy S 1752300 King County Airport 19100 E Marginal Wy S 1752310 Kenworth Truck Co. 19021 E Marginal Wy S I 1752540 Kenworth Truck Co. 19021 E Marginal Wy S I 1752530 Boeing Military Airplane 18701 E Marginal Wy S 1752520 Boeing Military Airplane 18701 E Marginal Wy S I 1752510 Boeing Military Airplane 18620 E Marginal Wy S I 1752320 King County Airport 18600 E Marginal Wy S 1 1752330 King County Airport 18600 E Marginal Wy S 1 1752330 Boeing Military Airplane 18541 E Marginal Wy S 1 1752490 Boeing Military Airplane 18531 E Marginal Wy S I 1752500 E M Jorgensen Forge Co. 18531 E Marginal Wy S 1 1752470 E M Jorgensen Forge Co. 18531 E Marginal -Wy S I 1752460 E M Jorgensen Forge Co. 18531 E Marginal Wy S I 1752480 E M Jorgensen Forge Co. 18501 E Marginal Wy S I 1752540 -5 Boeing Commercial Airplane 18443 E Marginal Wy S 1752440 Boeing Commercial Airplane 18421 E Marginal Wy S 1752430 Boeing Commercial Airplane 18235 E Marginal Wy S 1752420 Boeing Commercial Airplane 18233 E Marginal Wy S I 1752410 Boeing Commercial Airplane 17985 E Marginal Wy S 1 1752400 Boeing Commercial Airplane 17939 E Marginal Wy S I 1724790 Boeing Commercial Airplane 17901 E Marginal Wy S 1724740 Boeing Commercial Airplane 17900 E Marginal Wy S I 1724810 Boeing Commercial Airplane 17900 E Marginal Wy S I 1724800 Boeing Commercial Airplane 17815 E Marginal Wy S I 1724760 Boeing Commercial Airplane 17815 E Marginal Wy S I 1724780 Boeing Commercial Airplane 17815 E Marginal Wy S I 1724770 Page 2 EXHIBIT B CUSTOMER TRANSFER LIST EAST MARGINAL WAY SOUTH WATER METERS SWD Acct. Customer Name Service Address Number Boeing Headquarters 17801 E Marginal Wy S 1724730 Boeing Commercial Airplane 17755 E Marginal Wy S 1724720 Boeing Cafeteria 17755 E Marginal Wy S 1820447 Holiday Inns Operations 111244 Pacific Hwy S 1752000 Ace Electric 111234 Pacif ic Hwy S 1752010 Peerless Corporation 111210 Pacific Hwy S 1667180 Peerless Corporation 111210 Pacific Hwy S 1667190 Boeing Commercial Airplane 111201 Pacific Hwy S 1753610 Boeing Commercial Airplane 111201 Pacif ic Hwy S 1753610 Val Vue Sewer District 111063.5 Pacific Hwy S 1665320 George Brazil Services 11061 -65 Pacific Hwy S 1665530 Six Robblee's /Robblee Inv. Co. 11010 Pacific Hwy S 1666570 Archie Carrossino 10835 Pacif ic Hwy S 1752730 A B Speed 110831 Pacific Hwy S 1752740 Suburban Propane 110823 Pacific Hwy S 1667170 Page 3 EXHIBIT B CUSTOMER TRANSFER LIST RYAN HILL WATER METERS SWD Acct. Customer Name Service Address Number Lindal Corp. Park 112886 Interurban I 663290 Lindal Corp. Paris Peoples Bank 110401 Empire Way S. I 687490 Public Storage 110404 Empire Way S. 74040 WA State Highway Dept. 110451 Empire Way S. 1 687480 Seagull USA, Inc. 14453 S. 107th St. I 1750780 Lindal Homes 14300 S. 104th St. 1 1748650 Beacon Homes, Inc. 1 11121 51 st Ave. S. 1 1748850 Shirley L Bumpus 110428 47th Ave. S. 1 668790 Creston Water District 110610 47th Ave. S. I 1748870 Lindal Corp. Park 110401 Empire Way S. I 687500 Lindal Cedar Homes 14300 S. 104th PI 1 1748640 Terrance Johnson 14700S. 104th PI I 1821341 Terrance Johnson 14714 S. 104th PI 1 1821342 Terrance Johnson 14715S. 104th PI I 1821343 Terrance Johnson 14724 S. 104th PI 1821344 Terrance Johnson 14725S. 104th PI 1 1821345 Effie Rivers 110834 48th Ave. S. 1 1748860 Thomas Tobubu 1 10806 48th Ave. S. 1 668640 Robert Neese 110831 47th Ave. S. 1 668660 Allen Schubert 1 10830 47th Ave. S. 668650 Romilio Osses 110739 47th Ave. S. 668630 E. J. Washington (10617 47th Ave. S. I 668750 Paul S Ducken 110602 47th Ave. S. I 668780 Kay Hawley 110408 47th Ave. S. I 668840 Customer 110406 47th Ave. S. 1 668830 Pac. Sunset Properties 15001 S Avon St. I 820030 Rainier View Comm. Club 110915 51 st Ave. S. 1 668530 Sampson Epps 110905 51 st Ave. S. I 668540 Harry E. Miller 110901 51st Ave. S. I 668550 Ray Babula 110405 51st Ave. S. 1 668690 Ray Babula 110401 51st Ave. S. 1 668760 Clifton Wyatt(Owner) 110349 51 st Ave. S. I 668870 Roosevelt Hubbard 110335 51 st Ave. S. I 668890 Dorothy Glen 110333 51 st Ave. S. I 668900 Edgar Gary Borbe 110327 51 st Ave. S. 1 668920 MF Degrate 110321 51 st Ave. S. 668930 Willie Janice McGee 110313 51 st Ave. S. 1 668940 Arthur C. Vannoy 110307 51 st Ave. S I 668960 Mr. Mrs Albert Hirsch 110225 51 st Ave. S. I 687960 Customer 110223 51st Ave. S. 1 669050 James Giri 110217 51 st Ave. S. 669040 Neil E. White 110205 51st Ave. S. l 669030 Lorenzo Nuezca 110821 Beacon Ave. S: 1 668590 Page 4 EXHIBIT B CUSTOMER TRANSFER LIST RYAN HILL WATER METERS SWD Acct. Customer Name Service Address Number G. Gegantenio 110421 Beacon Ave. S. 668720 J. Michael D. Held 110397 Beacon Ave. S. 1 668850 Jack Eng 110358 Beacon Ave. S. 687720 Dawn Eliason 110357 Beacon Ave. S. 1 668860 Cheryl Montgomery 110349 Beacon Ave. S. 1 668880 Paul Toni McNicholas 110341 Beacon Ave. S. 1 668910 Delores E. Boycan 110308 Beacon Ave. S. 1 668950 Nobuyoshi Hamasaki 110235 Beacon Ave. S. 1 687250 Eugene Bailey 110231 Beacon Ave. S. 669000 Joe Y. Yabu 110229 Beacon Ave. S. 1 668970 James Cook 110224 Beacon Ave. S. 1 668980 William Arrigoni 110220 Beacon Ave. S. 668990 Owner 110216 Beacon Ave. S. 1 669010 Rudolph Beyersdorf 110212 Beacon Ave. S. 1 669020 Ryan Way Congregation 110201 Beacon Ave. S. 1 669060 Draper Machinery Co. 15009 S. 112th St. 1 668490 Joyce H. Harris 15001 S. 112th St. 668440 Paul D. Neuss 4917 S. 112th St. 1 668480 Dollie Collins 4916 S. 112th St. 1 668470 Jane C. Gese 14820 S. Fountain St. 1 668510 David R. Potter 15016 S. 109th St. I 668620 Mrs. Clyde Hinkle 15012 S. 109th St. 1 668600 Hamoop /Judy Singh 15008 S. 109th St. 1 668610 Paul Garrett 14908 S. 109th St. 1 668560 Jeanette Bertles 111125 50th Ave. S. 1 668500 Harvey Andrea Drake Jr. 111121 50th Ave. S. 1 668430 Harold Licht 111115 50th Ave. S. 1 668450 Russell Arwine 110912 50th Ave. S. I 668570 Russell Millie Arwine 110904 50th Ave. S. 1 668580 Daniel C. Chaney 111108 49th Ave. S. 1 687090 Owner 110932 49th Ave. S. 1 668520 Lee Clayson 11090849th Ave. S. 668670 Glen A. Eagleson 110904.49th Ave. S. 668680 David S. Chu 110710 49th Ave. S. 668810 H. G. Thomson 14925 S. 107th St. 1 668740 Roy Bishop 14921 S. 107th St. 668700 Deborah McMeyer 14905 S. 107th St. 1 668730 David H. Wood 14926 S. 107th St. 1 668800 James Miller 14900 S. 107th St. 1 668820 Wilson E. Moore 14920 S. 107th St. 668770 John Ravenhill 14910 S. 107th St. 687710 Donavon Thuerk 14735 S. 107th St. 1 668710 Page 5 EXHIBIT B CUSTOMER TRANSFER LIST OXBOW WATER METERS SWD Acct. Customer Name Service Address Number Thomas Kent j 10054 W Marginal PI S i 1668790 Constructors Pamco 110161 W Marginal PI S 1 1753570 Boeing Defense Space Group 110500 W Marginal PI S 1753580 Boeing Defense Space Group 110620 W Marginal Way S 1 1753590 Boeing Defense Space Group 110640 W Marginal Way S 1 175360& Robert Pontius 111202 W Marginal Way S I 1667250 Ray Wilson 111004 27th Ave S 1 1667300 Sabey Corporation 111008 27th Ave S j 1667290 Metro 111019 27th Ave S 1 1667210 Jim Crouse 111024 27th Ave S 1 1667280 King County Parks 111028 27th Ave S 1 1667270 Robert Pontius 111036 27th Ave S 1 1667260 Page 6 EXHIBIT C Facilities Transferred to Tukwila FACILITY SIZE TYPE MAP LOCATION CODE VALUE Water Main 8' Cast Iron 305.4 S 112 TH 51st AVE 4816 $994 Water Main 8' Ductile Iron 305.4 S Hazel/ 47th AVE S 48TH AVE S 882627 $16,951 Water Main 2' Galvinized Iron 305.4 S 107TH/ Beacon AVE S 458 $6 Water Main 8' Cast Iron 305.4 47 TH AVE S/ S 107TH to S HAZEL ST 6079 $4,844 Water Main 4' Cast Iron 305.4 Beacon AVE S/S 104TH ST to S Creston 1460 $178 Water Main 4' Ductile Iron 305.4 S 104 TH PL/ 47TH AVE S 882611 $5,047 Water Main 8' Cast Iron 305.4 47TH AVE S/ S Victor to s 107TH 6097 $14,893 Water Main 12' Ductile Iron 305.4 S 107 TH MLK to 47TH S 5475 $10,598 Water Main 12' Galvinized Iron 305.4 MLK S Victor to S 107TH 5664 $8,254 Water Main 2' Galvinized Iron 305.4 Beacon AVE S/ S 107 TH SWD $27 Water Main 12' Ductile Iron 305.4 S 104 TH PL/ MLK 90942 -75 $7,646 Water Main 12' Ductile Iron 304.4 HWY 99/ E. Marginal to S 112 TH 880101 $85,908 Water Main 4' Cast Iron 304.4 HWY 99/ E. Marginal to S 112TH 1147 $154 Water Main 2' Galvinized Iron 304.4 HWY 99/ E. Marginal to S 112TH 1147 La. Water Main 12' Ductile iron 304.4 HWY 99/ S 112 TH 6019 $24,897 Water Main 12' Cast Iron 304.4 HWY 99/ S 112 TH 6019 i.a. Water Main 8' Cast Iron 304.4 HWY 99/ S 112 TH 6019 La. 3 Hydrants 6' HYD 304.4 HWY 99/ S 112 TH 6019 La. Pressure Valve 6' PRV 304.4 HWY 99/ S 112 TH 6019 La. Water Main 12' Cast Iron 315.1 E Marginal/ S 112 TH 3764 $991 Gate Valve 12' GV 315.1 E Marginal/ S 112 TH 3764 I.a. TOTAL VALUE $181.387 'i.a.' Value is included in the amount listed above. Attachment B 2/1 //Y:) AGREEMENT FOR TRANSFER OF WASTEWATER RESPONSIBILITIES, FACILITIES AND CUSTOMERS AND STORMWATER DRAINAGE FACILITIES FROM THE CITY OF SEATTLE TO THE CITY OF TUKWILA THIS AGREEMENT made thiq� day orRAte& 1995, between THE CITY OF SEATTLE, a municipality hereinafter referred to as "Seattle and THE CITY OF TUKWILA, a municipality hereinafter referred to as "Tukwila WHEREAS, Seattle and Tukwila are municipal corporations organized under Title 35 RCW (Cities Towns) of the laws of the State of Washington; and, WHEREAS, Seattle has been providing wastewater service to certain areas outside its corporate boundary, including the areas generally known as and referred to herein as Ryan Hill and East Marginal Way; and, WHEREAS, in 1989 the Ryan Hill and East Marginal Way areas were annexed to Tukwila; and, WHEREAS, Tukwila has the right to provide wastewater service to areas lying within Tukwila and desires to do so; and, WHEREAS, it is in the best interest of the utility customers within the Ryan Hill and East Marginal Way areas for Tukwila to be the provider of wastewater service as this will facilitate uniform administration of public service to its residents, streamline various permit processes and government services, and provide for comprehensive planning; and, WHEREAS, Seattle has constructed the Empire Way South Sanitary Sewer Interceptor facility, herinafter referred to as the "Interceptor in affiliation with King County to provide wastewater service in a portion of southeast Seattle and in unincorporated King County, a portion of which is now in Tukwila; and, WHEREAS, it is mutually beneficial to both parties to define the responsibilities of each party for the operation, maintenance, cost sharing of maintenance and operation for shared facilities, and the future construction of local collection sewers tributary to said Interceptor; and, WHEREAS, Seattle and Tukwila have collaborated to develop Seattle's Norfolk Drainage Project to build new stormwater drainage facilities in Seattle and Tukwila which will improve the handling of stormwater in a drainage basin that includes portions of both cities; and WHEREAS, municipal corporations are given the power to contract for cooperative services under the laws of the State of Washington; NOW, THEREFORE, in consideration of the mutual benefits and covenants contained herein, THE CITY OF SEATTLE and THE CITY OF TUKWILA hereby agree to the following: 1 Attachment B 2/17/95 AGREEMENT FOR TRANSFER OF WASTEWATER RESPONSIBILITIES, FACILITIES AND CUSTOMERS AND STORMWATER DRAINAGE FACILITIES FROM THE CITY OF SEATTLE TO THE CITY OF TUKWILA THIS AGREEMENT made thi� day of 1995, between THE CITY OF SEATTLE, a municipality hereinafter referred to as "Seattle and THE CITY OF TUKWILA, a municipality hereinafter referred to as "Tukwila WHEREAS, Seattle and Tukwila are municipal corporations organized under Title 35 RCW (Cities Towns) of the laws of the State of Washington; and, WHEREAS, Seattle has been providing wastewater service to certain areas outside its corporate boundary, including the areas generally known as and referred to herein as Ryan Hill and East Marginal Way; and, WHEREAS, in 1989 the Ryan Hill and East Marginal Way areas were annexed to Tukwila; and, WHEREAS, Tukwila has the right to provide wastewater service to areas lying within Tukwila and desires to do so; and, WHEREAS, it is in the best interest of the utility customers within the Ryan Hill and East Marginal Way areas for Tukwila to be the provider of wastewater service as this will facilitate uniform administration of public service to its residents, streamline various permit processes and government services, and provide for comprehensive planning; and, WHEREAS, Seattle has constructed the Empire Way South Sanitary Sewer Interceptor facility, herinafter referred to as the "Interceptor in affiliation with King County to provide wastewater service in a portion of southeast Seattle and in unincorporated King County, a portion of which is now in Tukwila; and, WHEREAS, it is mutually beneficial to both parties to define the responsibilities of each party for the operation, maintenance, cost sharing of maintenance and operation for shared facilities, and the future construction of local collection sewers tributary to said Interceptor; and, WHEREAS, Seattle and Tukwila have collaborated to develop Seattle's Norfolk Drainage Project to build new stormwater drainage facilities in Seattle and Tukwila which will improve the handling of stormwater in a drainage basin that includes portions of both cities; and WHEREAS, municipal corporations are given the power to contract for cooperative services under the laws of the State of Washington; NOW, THEREFORE, in consideration of the mutual benefits and covenants contained herein, THE CITY OF SEATTLE and THE CITY OF TUKWILA hereby agree to the following: 1 Section 1. Transfer of Responsibilities. Seattle agrees to transfer, and Tukwila agrees to accept, all rights and responsibilities to provide wastewater service for the areas generally known as Ryan Hill and East Marginal Way, which are depicted by map on Exhibits A and B, and associated sewer facilities listed on Exhibit C, under the terms and conditions of this agreement. Known Seattle wastewater customers to be transferred to Tukwila under this agreement are listed on Exhibit D. Responsibilities transferred from Seattle to Tukwila includes all municipal responsibilities for providing wastewater services required by State law, in accordance with the policies and practices of the Tukwila Sewer Utility, including but not limited to: collection of bills, assessments and other charges; the planning, construction, maintenance and repair of sanitary sewers; collection and conveyance of sewage and other wastewater to the Metro system; regulation of connections to public sewers; and other usual responsibilities of municipal wastewater utilities, except treatment. Tukwila assumes these responsibilities and facilities at no cost to Seattle. Section 2. Existine Citv Boundaries. This agreement does not alter the legal boundaries of either Seattle or Tukwila in any way and merely provides a contract for the transfer of certain wastewater facilities, cost sharing on shared facilities, and future wastewater service responsibilities as contained herein. Section 3. Wastewater Treatment Charges and Responsibilities. For the wastewater service areas and customers transferred under this agreement, Tukwila agrees to assume Seattle's responsibilities and rights under the Agreement for Sewage Disposal between Seattle and the Municipality of Metropolitan Seattle (now King County/Metro), dated January 26, 1961, and subsequent amendments. Effective on the date of transfer under Section 14, Tukwila and Seattle shall adjust their sewage disposal payments to King County/Metro to reflect the transfer of customers. Quarterly reports of customer counts and volumes submitted to King County/Metro that are the basis for payments made on and after the transfer date shall be adjusted accordingly by Tukwila and Seattle. Tukwila will also assume responsibility for the high strength industrial surcharge on any transferred customers, new connection reporting, and all other current and future King County/Metro requirements on component agencies for the transferred areas. Section 4. East Marginal Wav Area. Seattle agrees to transfer, and Tukwila agrees to accept the sewer facilities identified in Exhibit C presently serving the East Marginal Way area, including the 84" Norfolk Street pipe from Metro's Norfolk Street Regulator Station to and including the outfall into the Duwamish River. Seattle hereby assigns to Tukwila Seattle's rights and responsibilities for this outfall under the Seattle -Metro Comprehensive Outfall Agreement dated July 27, 1982 and supplemented on September 8, 1982. Section 5. Rvan Hill Area. The Seattle and Tukwila wastewater service areas in Ryan Hill shall be as follows: Category A (Blue)_ All area within the Seattle city limits, and the properties in Tukwila fronting on the west side of 51st Avenue South and north of South Leo (112th) Street shall continue to be served by Seattle. Seattle shall provide wastewater service to the properties in Tukwila fronting on the west side of 51st Avenue South and north of South Leo (112th) Street on the same basis as it serves other Seattle customers and, after the transfer date established in Section 14, will not charge higher rates or limit service connections based on these properties being outside the Seattle city limits. 2 Cateeorv_ B (Green) All other customers and areas of Ryan Hill that are inside Tukwila shall be transferred from Seattle to be served by Tukwila. Seattle agrees to transfer, and Tukwila agrees to accept the sewer facilities identified in Exhibit C presently serving this portion of the Ryan Hill area. These transferred and future Tukwila facilities may connect to the Interceptor (defined in Section 5.1), but Tukwila's total discharge to the Interceptor shall not exceed 2.64 million gallons per day without Seattle's written agreement. The planning and extension of sanitary sewers. within this area shall be the responsibility of Tukwila. Section 5.1. Maintenance and Ooeration.Cost Sharine. The Ryan Hill area makes up a portion of the area served by the "Empire Way South Sanitary Sewer Interceptor Facility" herein referred to as the "Interceptor The service area for the Interceptor is defined by the Seattle -King County Agreement, dated April 2, 1975 and amended August 22, 1985, Tukwila shall pay Seattle annually three percent (3 of the total cost to operate and maintain the Interceptor's .storage, pump station, and emergency overflow facilities. If Tukwila constructs new sewer facilities tributary to the Interceptor, Tukwila shall notify Seattle, and the cost sharing shall be adjusted accordingly by mutual written agreement to reflect the additional service area and wastewater volumes. Seattle shall bill Tukwila annually for these costs, and make its records available to Tukwila for inspection or audit upon request. Maintenance and operation costs may include: electricity, telephone, water and other utility charges; maintenance labor, supervision, equipment, parts and materials; capital improvement or rehabilitation costs approved in advance by Tukwila in writing; and billing costs. The following costs shall not be included: administrative costs not directly related to operation of the system; or capital improvements or rehabilitation not approved by Tukwila in advance in writing in advance of construction; or any other fees, charges or costs not directly associated with the operation and maintenance of the Interceptor's storage, pump station and emergency overflow facilities. Payments to be made by Tukwila to Seattle under this section are due and payable within sixty (60) days of receipt of a bill. Interest shall be added at the rate of one percent per month if overdue. Section 6. Transfer of Assets. Under this agreement, Seattle conveys ownership, use and operation of all properties, easements, facilities and services listed in Exhibit C (Facility Transfer List), and any Seattle sewer line facilities unknown but within the East Marginal Way and Ryan Hill areas shown in Exhibits A and B. Customers being transferred are listed on Exhibit D. Seattle hereby certifies and warrants that it owns and is entitled to transfer the assets and facilities conveyed through this agreement, and that there is no indebtedness associated with any of them, but makes no other warranties or representations. Seattle also agrees to construct the stormwater drainage facilities listed in Exhibit E, and to transfer them to Tukwila upon completion of Seattle's Norfolk Drainage Project. Seattle shall be solely responsible for the construction of this project. Seattle shall obtain and comply with applicable Tukwila permits. Seattle must obtain Tukwila's written approval of the design of these facilities in Tukwila prior to construction, and Tukwila's written acceptance of the construction of these facilities prior to transfer to Tukwila. Tukwila agrees to not unreasonably withhold permits, approvals and acceptances related to these facilities. Tukwila agrees to accept transfer of these facilities and to own, operate and maintain them thereafter. Section 7. Information and Access to be Furnished by Seattle. Seattle shall make available legible copies of all books, records, documents, and other available information 3 relating to the operation and maintenance of the facilities identified for transfer in Exhibit C. This includes all information relating to the flow rate history of the service connections designated for transfer in Exhibit C including, but not limited to: a) all maintenance and flow records; b) all records, manuals and information relating to the sewer system including pipes and appurtenances thereto; c) consumption records associated with the services being transferred; and d) as- builts, design drawings and other maps. Section 8. Rates. Fees and Collection of Outstanding Bills. Upon transfer of Seattle service connections to Tukwila, service customers transferred under this agreement will be charged rates and fees for provision of sewer service in accordance with Tukwila's usual rates for such service. This rate change is effective at the time of transfer as specified in Section 14 of this Agreement. Tukwila further agrees to assist Seattle insofar as possible in collecting from customers transferred under this agreement any outstanding wastewater bills owed Seattle, including terminating water service for nonpayment. Section 9. Customer Notification. Tukwila will be responsible for all notification of customers affected by this agreement and shall, at least 30 days but not more than 90 days prior to actual customer transfer, inform each transferred customer of Tukwila's usual rates and fees to be charged for the provision of sewer service and the date on which the transfer is to become effective pursuant to Section 14. Section 10. Indemnification for Sewers and Storm Drains.. Seattle shall indemnify Tukwila against all costs, claims and demands arising out of any acts or omissions of Seattle and its officers, agents, contractors or employees occurring before the transfer date established under Section 14. Tukwila shall indemnify Seattle against all costs, claims, or demands arising out of any acts or omissions of Tukwila and its officers, agents, contractors, or employees occurring on or after the transfer date established under Section 14. In the event of an overflow, backup, environmental cleanup or similar event caused solely by one city or the other, or solely within one city or the other, the city which caused the problem, or in which the problem arose, shall be liable for the cleanup, claims or any other associated cost or liabilities, and shall hold the other city harmless. In the event of an overflow, backup, environmental cleanup or other similar event that is not caused either totally by Seattle or totally by Tukwila, but is the result of an area -wide problem with contributory causes from areas of both cities, the liability shall be split in proportion to each city's relative areas which are likely to have contributed to the problem. Section 11. Cost of Transfer. Seattle and Tukwila each shall pay their respective costs for gathering information, preparing documentation, and preparing this agreement, including staff, legal and consultant costs. In consideration of the terms of this agreement, Tukwila shall pay to the Seattle Drainage and Wastewater Fund the sum of one hundred thirty-five thousand dollars ($135,000) on the transfer date established per Section 14. This payment shall represent fair market value for the facilities transferred to Tukwila herein, and Tukwila's share of the Interceptor construction cost. In addition, Tukwila shall pay to the Seattle Drainage and Wastewater Fund the sum of one hundred thousand dollars ($100,000) for the stormwater drainage facilities described in Exhibit E constructed by Seattle in Tukwila as part of the Norfolk Drainage Project. This payment to Seattle shall be made at the time of acceptance of the stormwater drainage facilities by Tukwila. Section 12. Entire Agreement. Notwithstanding any other verbal or written 4 representations, this document, including the exhibits hereto, constitutes the entire agreement and understanding between Seattle and Tukwila with respect to the transfers and other transactions contemplated herein, and shall not be modified or amended in any way except in writing and signing by both parties. The execution of this agreement by the parties hereto shall constitute acceptance and approval of the elements herein as fulfillment of comprehensive sewer planning for the areas addressed herein. Section 13. Further Action. Seattle and Tukwila mutually agree to execute all other instruments and documents as may be required by either party in order to consummate the actions contemplated herein and shall use their best efforts to accomplish this transfer in accordance with the provisions of this agreement. Section 14. Effective Date of Agreement and Transfer Date. This agreement shall be in full force and effect upon signature by both parties. The transfer of responsibilities, customers, facilities and payments described in this agreement, and the first billing date from Tukwila to the transferred customers, shall be on the first day of a calendar quarter following notice given by Tukwila to Seattle at least 90 days prior. The transfer date for wastewater service shall coincide with the transfer date contained in a separate "Agreement for Transfer of Water System Facilities and Customers from the City of Seattle to the City of Tukwila The transfer shall not occur until Tukwila has completed its East Marginal Way Watermain Project and is able to begin water service from the new watermain to the transferred customers in the East Marginal Way area, and Tukwila has made the $135,000 payment to Seattle pursuant to Section 11. In no event shall the transfer occur before January 1, 1996. CITY OF S ATTLE CITY OF TUKW� IL� A Y b b Y �Xorman B. Rice, or Mayor ATTEST /AUTHENTICATED: ATTEST /AUTHENTICATED: J dith ippen, City Clerk OJ e E. Cantu, City Clerk AP OVI A OR M: APPROVED AS TO FORM: i Attorne C i Atto tY Y tY Y 5 LIST OF EXHIBITS EXHIBIT A EAST MARGINAL TRANSFER AREA MAP EXHIBIT B RYAN HILL TRANSFER AREA MAP EXHIBIT C WASTEWATER FACILITIES TRANSFER LIST EXHIBIT D CUSTOMER TRANSFER LIST EXHIBIT E STORMWATER DRAINAGE FACILITIES TRANSFER LIST 6 EXHIBIT E STORMWATER DRAINAGE FACILITIES TRANSFER LIST These facilities are shown in detail on sheets 8, 18, and 22 of plan number 777 -452, and include the associated Washington State Department of Transportation permit: 1. Approximately two hundred feet of storm drain pipe and associated inlets, catch basins, maintenance holes, connections, and easement, along SR 900 immediately north of Boeing Access Road and along Ryan Way. 2. Approximately two hundred feet of drainage swale connecting the storm drain described above to the existing ditch along the Interstate 5 ramp. 'ACE:2618- F2A.DWG 2 -6 -95 I o O SCALE 1 1"= 1000' `11 UXWZL 1 1 11 4� 1 No I 1 I Ste' I' 1 i I 1 1 l :ti 84" MET R 4EE' 0 S UTFALL lip I1� N 1 �0 TTLlfl;' 7CU WE BOEING 'i� j j OXBOW I SO{ pOEING AREA AC ASS x 0 11 W E TIRIIOT o C I EATTLE TRA L INE i S 1 15th g�v r 8 RIV�c r LEGEND Iiiiiiiiiiiim i TUKWILA CITY LIMITS VAL VUE SEWER DISTRICT BOUNDARY METRO SEWER LINE i EXISTING SEATTLE OR PRIVATE SEWER CITY OF TUKWILA FIGURE 2 EAST MARGINAL WAY SEWER TRANSFER AREA Penhallegon Associates Consulting Engineers, Inc. EXHIBIT B N 3 o EMPIRE WAY INTERCEPTOR SERVICE AREA I g W BOUNDARY ux N !0 S0. BOEING ACCESS RD. O I -5 �\r �a z SCALE 1 600' CITY OF SEATTLE R LIN r F /L SO. 115th sr. o 'A111IShr RI i��,R� I -5 o LEGEND r o o TUKWILA CITY OMITS p� C J EXISTING SEATTLE OR PRIVATE SEWER CATEGORY A SERVED BY SEATTLE�� CATEGORY B SERVED BY TUKWILA 1 CITY OF TU WILA RYAN HILL SEWER TRANSFER AREA Penhallegon Associates Consulting Engineers, Inc. EXIIIBIT C WASTEWATER FACILITIES TRANSFER LIST 1 SSC# I Year Built I Approximate Address Length Diameter 14876 -3 1 1934 17760 E Marginal Wy S 10'+ or 12" 14876 -3 1 1934 17760 E Marginal Wy S 19.59' 12" j 14876 -10 1 1938 18620 E Marginal Wy S 1111.96 1 12" 1 14876 -8 1 1943 18531 E Marginal Wy S 1110' 1 8" 1 14876 -8 1 1950 18531 E Marginal Wy S 1262' or 1 8" 1 14876 -8 1 1950 8531 E Marginal Wy S 1307.5' 1 8" 1 14876 -8 1 1950 8531 E Marginal Wy S 1113.4' I 8 14876 -8 1 1943 8531 E Marginal Wy S 135' 1 8" 14877 1 1963 110000 E Marginal Wy S 195' I 12" 1 11659 1 1953 110016 E Marginal Wy S 155' 84" 1 11659 1 1953 110016 E Marginal Wy S 125'+ or 84" .11659 1 1953 110016 E Marginal Wy S 140' 1 84" 1 14877 -7 I 1953 110016 E Marginal Wy S 11464' 1 84" 11552 -3 1 1976 147th Av S 1716' I 8 14037 I 1980 14800 S 114th St 11650' 1 8" 15566 -10 I 1976 14700 S Ryan Way 1433' 1 8" 14032 -40 1 1977 (Empire Way Interceptor 14406' 1 36" tol8" 02/17/95 FACILITY.WK4 EXHIBIT D CUSTOMER TRANSFER LIST 1 Acct f Customer Name I Service Address 1 101724960 Randy's 1 110016 E Marginal Wy S 101724800 Boeing Commercial Airplane 1 17900 E Marginal Wy S 1 101724730 1 (Boeing Commercial Airplane 1 17801 E Marginal Wy S 1 101724740 1 jBoeing Commercial Airplane 1 17901 E Marginal Wy S 1 101820447 1 1The Boeing Company 1 17755 E Marginal Wy S 1 1 01667150 1Annex Tavern 1 110327 E Marginal Wy S 1 01752720 (Evelyn Schuehle 1 110315 E Marginal Wy S I 1 101752220 1 1S Crevin- Haapla 1 110300 E Marginal Wy S 1 101666640 1 CCredit Union of the Pacific 1 110208 E Marginal Wy S 1 1 101752710 1 (Boeing Military Airplane 1 110001 E Marginal Wy S 1 1 101752230 1 Boeing Aerospace/Electro 1 10000 E Marginal Wy S 1 1 101753640 I Boeing Defense Space Grp 1 19797 E Marginal Wy S 1 101753650 1 (Boeing Defense Space Grp 1 19797 E Marginal Wy S 1 101753660 1 (Boeing Defense Space Grp 1 19797 E Marginal Wy S 1 1 101753670 BBoeing Defense Space Grp 1 19797 E Marginal Wy S 1 1 101753680 BBoeing Defense Space Grp 1 19797 E Marginal Wy S 1 1 101753690 1 (Boeing Defense Space Grp 1 19797 E Marginal Wy S 1 1 101753700 (Boeing Defense Space Grp 1 19797 E Marginal Wy S 1 1 101753760 (Boeing Military Airplane 1 19407 E Marginal Wy S 1 1 101752660 11 Boeing Military Airplane 1 19417 E Marginal Wy S 1 1 101752630 (Boeing Military Airplane 1 19403 E Marginal Wy S 1 1 101753490 1Museum of Flight Foundation 1 19404 E Marginal Wy S 1 1 101753480 1 1King County Int'1 Airport 1 19230 E Marginal Wy S 1 101752580 1Rhone- Poulenc 1 19229 E Marginal Wy S 1 1101752300 1 19100 Company 1 19120 E Marginal Wy S 1 101752310 1 1King County Int'1 Airport 1 19100 E Marginal Wy S 01752550 1Kenworth Motor 1.19021 E Marginal Wy S 1 1 01752560 IKenworth'Motor 1 19021 E Marginal Wy S 1 1 01752510 1 (Boeing Military Airplane 1 18701 E Marginal Wy S i 01752320 1 (Boeing Military Airplane 1 18620 E Marginal Wy S 1 1 101752330 1 IKing County Int'1 Airport 1 18600 E Marginal Wy S 1 1 101752490 1 jBoeing Military Airplane 1 18541 E Marginal Wy S I 1 101752470 1 JE M Jorgenson 1 18531 E Marginal Wy S 1 1 101752450 1 1E M Jorgenson Co 1 18501 E Marginal Wy S 1 1 101752420 1 (Boeing Commercial Airplane 1 18235 E Marginal Wy S 1 1 101724770 1 (Boeing Commercial Airplane 1 17815 E Marginal Wy S 1 1 101724760 1 (Boeing Commercial Airplane 1 17815 E Marginal Wy S 1 1 101752670 1 lBoeing Military Airplane 1 12630 S 98th ST 1 1 101755230 1 1King Cnty Airport 1 18200 E Marginal Wy S 1 1 100074040 1 IPSMI WA 24512 1 110404 Empire Wy S 1 1 100663290 1 ILindal Corp Park 1 110401 Empire Wy S 1 1 101750780 1 IRaisbeck Engineering 1 14411 S Ryan Wy I 1 101748650 1 ILindal Cedar Homes 1 14300 S 104th PI 1 1 100668750 1 1E J Washington 1 110617 47th Av S 1 02/17/95 1 CUSTLIST.WK4 EXHIBIT D CUSTOMER TRANSFER LIST 1 Acct 1 Customer Name f I Service Address J f 00668780 J JRussell Ritter 110602 47th Av S 1 100668840 JKay Robert Gilbert ;10408 47th Av S 1 1 00668830 J JMr Mrs Damian Mendoza 110406 47th Av S 00687720 J !Jack Eng 110358 Beacon Av S 1 100668950 1 IDolores Boycan 10308 Beacon Av S J 1 100668570 1 1Howard Edna Gue 10912 50th Av S J 1 100668580 1 1Russell Millie Arwine 1 110904 50th Av S J 1 100687310 1 1Don Nevin. 1 110610 47th Av S J 1 100688580 1 IRuel Priscilla Missmer 1 110456 47th Av S J 1 100688590 1 1Estate of Edward Jones 110436 47th Av S J 100687020 1 jHarold R Babula 110405 47th Av S 1 100688320 1 1Milan Janet Dukich 15001 S 114th St J 1 100668750 J JEmanuel Wahington/T Lewis Hilliard 1 110617 47th Av S J 1 100688030 J Jackie Erwin Rosin 1 14936 S 114th St J 02/17/95 2 CUSTLIST.WK4