HomeMy WebLinkAboutCAG1979-001 - Original - City of Tukwila - Water Intertie System - 06/28/1979 r 0
A G R E E M E N T
THIS AGREEMENT entered into this day of 7Y'
1979 , by and between the CITY OF KENT, hereinafter referred to
as "Kent" and the CITY OF TUKWILA, hereinafter referred to as
"Tukwila" .
WHEREAS Municipal Corporations are given the power to
contract under RCW 39 . 34 for cooperative services , and
WHEREAS it is necessary for Tukwila and Kent to enter into
this Agreement to provide a water intertie system, and
WHEREAS it is mutually beneficial to both parties to enter
into this Agreement to provide emergency water flow and water
supply to meet Kent' s needs during periods of peak demand and for
emergency flow and fire protection in both cities ,
NOW, THEREFORE , IN CONSIDERATION of the mutual benefits
conveyed hereby do agree as follows :
1. Both parties agree to cooperate in the construction of
a water flow intertie system uniting the water supplies of the
City of Kent and the City of Tukwila at a point on the West Valley
Highway.
2. The intertie system will be constructed by the City of
Kent at the City of Kent' s expense and ownership of said facility
shall remain with the City of Kent. The City of Kent hereby agrees
to operate and maintain said facility.
3. Both parties agree that the interne system will not be
operated except during periods when either party desires to obtain
water from the other party. Whenever either party wishes to
operate the intertie, ten days notice shall be given to the other
party , except that in the case of an emergency , such notice shall
not be required. Whenever operated, the operating party agrees
to notify the other party ' s Fire Department and Water Department
immediately.
4 . Both parties agree that the rate to be charged for water
used under this Agreement will be at the rate of $0. 33 per 100 cubic
feet of water used. Billing for said charge shall be made in the
normal course of business and paid by the other party promptly upon
receipt of the invoice. Failure to pay for water utilized under this
Agreement or for use for other than emergency purposes , unless other-
wise agreed upon , shall be grounds for termination of this Agreement.
5. Either party may cancel this Agreement for material breach
of its terms by written notice served upon the other party at least
twenty (20) days prior to the proposed termination date. If the
breaching party removes the breach and performs under terms of this
Agreement before the termination date, the Agreement shall remain in
full force and effect. However , if the breach is not removed and
continues , then the Agreement shall be null and void in all respects
except for the obligation to make payments as defined for water used
prior to the termination date.
CITY OF TTUKWILA CITY RENT
By_
Mayor Mayor
2.
Attest: Attest: =
By
City Clerk y Clerk �- ;~
Appr6ved as to Form: p roved as to Form: �
City Attorney for City Attorney for
City of Tukwila City of Kent
3 .