HomeMy WebLinkAboutCAG1991-0576 - Original - City of SeaTac - Sewer Service Agreement - 12/31/1991 SEWER SERVICE AGREEMENT
CITY OF RENT -- CITY OF SEATAC
THIS AGREEIKENT, executed this day of , 1991, by
and between the City of Kent, a Washington municipal corporation
(hereinafter "Kent") , and the City of SeaTac, a Washington
municipal corporation (hereinafter "SeaTac") ;
W I T N E S E T H:
WHEREAS, portions of the Kent sanitary sewer system are
situated so as to be capable of affording sewer service on a
gravity basis to property in some areas of SeaTac; and
WHEREAS, provision of sewer service to these areas by SeaTac
would require that SeaTac utilize a pumping system; and
WHEREAS, the parties desire to allow Kent to construct,
reconstruct, repair and maintain sewer facilities as necessary, and
to authorize connections to its sewer system for service to that
property, or portions thereof; and
WHEREAS, both Kent and SeaTac are public agencies authorized
by law to engage in the provision of sanitary sewer service, and to
that end, may, through their legislative bodies, enter into a
contract with respect to the rights, powers, duties and obligations
of the parties with regard to the use and ownership of property,
the providing of services, the maintenance and operation of
facilities, the right to promulgate rules and regulations, the
collection of special assessments, rates, charges, service charges
and connection fees, the performance of contractual obligations and
any other matters arising out of the provision of sanitary sewer
service to areas within SeaTac, all pursuant to and in accordance
with the Revised Code of Washington (RCW) 35 . 67 . 020, 35. 67 .300 and
39 . 34 . 080; NOW, THEREFORE:
In consideration of the terms and conditions contained herein,
the parties hereto covenant and agree as follows:
Section 1. AUTHORIZATION TO FURNISH SEWER SERVICE -- AUTHORIZATION
TO CONSTRUCT SEWER FACILITIES AND ALLOW CONNECTION TO SEWER SYSTEM.
A. Authorization to Furnish Sewer Service. SeaTac does
hereby authorize Kent to furnish sanitary sewer service to certain
property, legally described in Exhibit A attached hereto and from
this reference made a part hereof as if fully set forth, as such
service shall be determined in this Agreement, within the corporate
boundaries of SeaTac, and which property is not, at this time,
economically feasible of being served by SeaTac, all in accordance
with and subject to the terms and conditions of this Agreement.
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B. Authorization to Construct Facilities and Allow
Connections. SeaTac does hereby grant to Kent the right and
privilege to lay down, construct, relay, connect, replace, operate
and maintain any and all pipes, conduits, mains and all other
appurtenances and appendages to such sewer system, in, along,
through, and under the avenues, streets, alleys, highways and other
public places and ways in that portion of the City of SeaTac as
specifically described in Exhibit A as may be necessary, convenient
and/or proper in order for Kent to provide sanitary sewer service.
All work activity located in SeaTac Right of Way shall commence
only after the issuance of a properly executed SeaTac Construction
Permit as required by SeaTac Ordinance No. 90-1023 .
Section 2 . AUTHORITY TO MANAGE, REGULATE AND CONTROL SEWER
SYSTEM.
After the construction of the sewer facilities and/or the
connections contemplated under this Agreement, Kent shall have the
sole responsibility to maintain, manage, conduct and operate its
system of sewerage as installed within the area described in
Exhibit A, together with any additions, extensions and betterments
thereto.
Section 3 . AUTHORITY TO FIX SERVICE RATES AND CONNECTION
CHARGES.
A. Permit Required. No connection shall be made to the sewer
system unless a Kent sewer connection permit is first obtained by
the consumer and the appropriate permit fee is paid for the
connection. The connection shall be subject to inspection and
approval for compliance with the Sewer Code as adopted by Kent at
the time the connection is made.
B. Rates. The rates charged to the consumers by Kent within
the area described in Exhibit A shall be fixed, altered, regulated
and controlled solely by Kent pursuant to the limitation on such
authority as set forth in Chapter 35. 67 RCW, its amendments, or any
laws or regulations promulgated thereafter on the subject of rates
and charges for sewer service.
Section 4 . COMPLIANCE WITH APPLICABLE LAWS. /
In addition to compliance with Kent code
requirements mentioned in Section 3 (A) of this Agreement,
applicants for, and owners of property served with sewer service
pursuant to this Agreement shall otherwise comply with all
applicable ordinances and policies of the City of Kent and the City
of SeaTac, and with all applicable laws, rules and regulations of
any governmental agency, as those ordinances, policies, laws, rules
or regulations now exist on this subject, and as they may be
amended from time to time.
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Section 5. SEATAC LIABILITIES.
Kent, its officers, officials, employees or agents, shall not
be deemed to assume any liability for negligence of SeaTac or any
officer, official, employee or agent thereof, nor for any defective
or dangerous condition of the streets or property of SeaTac, and
SeaTac shall hold Kent and its officers, officials, employees and
agents harmless from, and shall defend Kent, its officers,
officials, employees and agents thereof against any claim for
damages resulting therefrom. No provision of this Agreement shall
be construed so as to relieve SeaTac from any liability imposed by
law, arising from any such defective or dangerous condition of its
streets or property, and SeaTac shall protect and save Kent, its
officer, officials, employees and agents harmless from all claims,
damages and costs and assume the defense of all actions for any
such damages or injuries alleged to have arisen out of the use of
SeaTac' s streets by third parties.
Section 6 . KENT LIABILITIES.
SeaTac, its officers, officials, employees or agents, shall
not be deemed to assume any liability for negligence of Kent or any
officer, official, employee or agent thereof, nor for any defective
or dangerous condition of the sewer facilities, system, or property
of Kent, and Kent shall hold SeaTac and its officers, officials,
employees and agents harmless from, and shall defend SeaTac, its
officers, officials, employees and agents thereof, against any
claim for damages resulting therefrom. No provision of this
Agreement shall be construed so as to relieve Kent from any
liability imposed by law, arising from any such defective or
dangerous condition of its sewer facilities, system, or property,
and Kent shall protect and save SeaTac, its officers, officials,
employees and agents harmless from all claims, damages and costs
and assume the defense of all actions for any such damages or
injuries alleged to have arisen out of the use of Kent's sewer
facilities and system by third parties. Should a court of
competent jurisdiction determine that this Agreement is subject to
the Revised Code of Washington Section 4.24. 115, then, in the event
of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent
negligence of SeaTac and Kent, Kent's liability hereunder shall
only be to the extent of Kent's negligence.
Section 7. SEATAC CONSTRUCTION ADJACENT TO RENT INSTALLATION.
The laying, construction, maintenance and operation of Kent's
system of sewerage lines, pipes, conduits, mains, side sewers,
etc. , authorized under this Agreement shall not preclude SeaTac or
its authorized agents and contractors from blasting, excavating,
grading or doing other necessary road work contiguous to Kent's
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facilities, provided that Kent shall have seventy-two (72) hours
notice of said blasting, excavation or grading in order that Kent
may protect its line of pipe and property.
Section 8. DURATION OF -- TE&N33MTION.
This Agreement is for an indefinite duration, and shall remain
in effect until such time as either party gives written notice to
the other party that the Agreement is terminated.
Section 9. MODIFICATION.
Kent and SeaTac hereby reserve the right to alter, amend or
modify the terms and conditions of this Agreement upon written
agreement of both parties to such alteration, amendment or
modification.
Section 10. EFFECTIVE DATE -- FILING OF AGREEMENT.
This Agreement shall become effective sixty (60) days from the
date of the filing of an executed copy with the Washington State
Office of Community Development in accordance with RCW 39.34 . 050
and 39 . 34 . 120.
Executed copies of this Agreement shall also be filed with the
City Clerks of the Cities of Kent and SeaTac, the King County
Auditor and the Secretary of State of the State of Washington, all
in accordance with RCW 39 .34 . 040.
EXECUTED as of the date hereinabove t fort .
TH CIj OF KENT TH CITY AC
By � c.. �`..�� ....,,/
Mayor CITY MANAGER
ATTES
By -
City Cl k City rk
APPR F
Kent SeaTac City Attorney
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LEGAL DESCRIPTION
That portion of the west half of the southwest quarter of Section
10, Township 22 North, Range 4 East, W.M. in Xing County,
Washington, lying southerly of the southerly margin as S. 216th
Street, easterly of the easterly margin of Interstate Highway No.
5 and lying northerly and westerly of ezistinq Kent City Limits;
AND ALSO,
That portion of the northwest quarter of Section 15, Township 22
North, Range 4 East, W.M. in King County, Washington lying easterly
of the easterly margin of Interstate Highway No. 5, and lying
northerly and westerly of existing Rent City Limits.
EXHIBIT A
STATE OF WASHINGTON )
ss.
COUNTY OF K I N G )
I certify that I know or have satisfactory evidence that
�N kE-"ehLjC is the person who appeared before me, and
said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument
and acknowledged it as the M of the City of Kent
to be the free and voluntary act of such municipal corporation for
the uses and purposes mentioned in the instrument.
DATED: loZ-3G'c/!
NOTARY PUBLIC in and for the
State of Washington, residing
at LU�a_ my
commission expires
STATE OF WASHINGTON )
ss.
COUNTY OF K I N G )
I certify that I know or have satisfactory evidence that
Doug Sutherland is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and
acknowledge it as the City Manager of the City of SeaTac to be
the free and voluntary act of said municipal corporation, for the
uses and purposes therein mentioned.
DATED:
Y ,PM
in and for the
State of Washington, residing
at SeaTac , y
commission expires D
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