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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. �.J -1- 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. -2- 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 -3- 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 -4- 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 -5-