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HomeMy WebLinkAboutCAG1988-0053 - Original - Soos Creek Water and Sewer District - Sanitary Sewer and Water Service Franchise Area - 04/07/1988 INTERGOVERNMENTAL AGREEMENT day of THIS AGREEMENT made and entered into this / of Kent , hereinafter gay, 1988 , by and between the City referred to as the "City" and the Soos Creek Water and Sewer District, hereinafter referred to as the "District" ; WITNESSETH: WHEREAS , the parties heretofore mentioned have agreed to designate the District as the legal entity responsible for providing water service to the property described in Exhibit "A" incorporated by reference herein a portion of which is located within the City ' s franchise area for both sanitary sewer and water service as approved by the King County Council in Motion 1118 on April 9 , 1973 and Motion 1315 dated October 23 , 1973 ; and WHEREAS , the District presently owns , operates , and maintains a sanitary sewer and water utility immediately adjacent to the property described in Exhibt "A" ; and WHEREAS, the owner (s) of the property described in Exhibit "A" have requested the City to allow the District to provide water service only to the property in its entirety; and WHEREAS , the City consents and agrees to the District providing such requested service and the District has agreed and is prepared to provide water service to said properties; and WHEREAS, sanitary sewer service will be provided to the properties described in Exhibit "A" in accordance with the present franchise limits of the City, the parties enter into this Agreement pursuant to RCW Chapter 39 .34 , as amended , subject to the following terms and conditions : - 1 - 1. Duration. The duration of this Agreement shall run in perpetuity until and unless terminated by mutual consent of both parties . 2. Considerations. The parties agree that this Agreement shall be subject to the continued franchise authority granted the City of Kent in King County Motion 1118 of April 9 , 1973 and through Motion 1315 dated October 23 , 1973 . The consent given by the City of Kent is subject to the termination provisions contained above. The District agrees to provide water service at its sole cost without recourse from the City of Kent for payment of any fees , expenses , costs , or charges related to providing such service to such properties . 3 . Indemnification . The District agrees to defend , indemnify , and hold harmless the City of Kent , its elected officials , appointed officials , officers , and employees from and against any and all claims , demands and causes of action of any kind or character whatsoever arising out of or related to the water services provided the property or third party claims of alleged personal injuries , death, or damage to their persons or property to the extent caused by the negligent acts , errors , or omissions of the District , its agents , subcontractors , employees, or representatives ; PROVIDED that no duty to indemnify or defend shall extend to or arise by reason of the sole negligence of the City as determined by a trier of fact. 4. Joint Access and Rights—of Way. To the extent that any water service activities , repairs , construction or development activities related to the District in providing water service to said property under this Agreement conflicts with the sewerage service provided by the City to said property , the District agrees that its service shall be subject to the priority interest of the City of Kent in the planning, construction, operation, and repair of sewerage facilities . The District agrees at all times to provide reasonable access to the City for purposes of sewer system inspection, maintenance, operation, and construction. The District acknowledges the priority utility use of the City under - 2 - these circumstances and no costs , fees , or charges shall otherwise be imposed upon the City for conducting its sewerage services and activities within any applicable rights-of-way: PROVIDED, however, nothing herein shall authorize the City to interrupt water service provided by the District in accordance with this Agreement : and PROVIDED further, that any relocation by the City of the District ' s water facilities from the locations permitted by this Agreement shall be at the City' s sole expense , and shall be coordinated with the District to limit the interference with provision of water service to as little as is practicable under the circumstances . 5 . District Water Service to Properties. The City and District agree that the District is solely responsible for the design , planning , construction , operation, and maintenance of water utility service provided for said property. The District shall first consult with and receive the approval of the City of Kent before beginning construction of such water utility system to said property . The District warrants that it has the financial capacity through general obligation bonds , revenue bonds , or other security to complete construction of any water utility improvements , and that it is financially able to operate and maintain said system within the City. 6 . Arbitration. It is understood and agreed that all claims , demands , disputes , differences , and misunderstandings concerning this Intergovernmental Agreement and its interpretation that may arise between the parties until the termination of this contract shall be determined and settled by the rules of the American Arbitration Association and Washington State law. 7 . Permits and Regulations . The District shall be responsible for obtaining any and all necessary permits , maintaining records , and reporting to any applicable federal , state , and local agencies related to the design , planning , construction , operation , and maintenance of the water utility system. Under no circumstances shall the City incur any liability for the District ' s operation of the water system and - 3 - compliance with federal , state , and local permits and regulations , including the Washington State Environmental Protection Act, RCW 43 . 21C and implementing regulations at WAC Chapter 197-11 . 8. Annexation By Soos Creek Water and Sewer District. The parties hereto acknowledge that permanent water service may be provided by the District only upon approval by the Boundary Review Board of said service and/or annexation to the District. The parties hereto agree to annexation of the property to the District: PROVIDED, however , such annexation will be restricted to be for provision of water service only. Entered into and adopted this _-7 day of , 1988 . City of Rent Soos eek Water and Sew ' stri X\ BY --- �� '. �_ By DAN KLRLLEHER rRAI M N MAYOR, CITY OF KENT , r MMISSIO Witness : ATTEST: ATTEST: 4 u MARIE JENSEN A DITOR/CLERK OF THE BOARD CITY CLERK APPROVED AS TO FORM: r SXNDRA DRISCOLV CITY ATTORNEY C- MICHAEL M. IiA IS ATTORNEY FOR SOOS CREEK WATER AND SEWER DISTRICT - 4 -