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HomeMy WebLinkAboutCAG1969-001 - Supplement - King County - Mill Creek Relief Sewer Alternate Relief System Agreement - 08/20/1998 MILL CREEK RELIEF SEWER ALTERNATE RELIEF SYSTEM AGREEMENT THIS AGREEMENT is entered into between the CITY OF KENT, a Washington Municipal Corporation, and KING COUNTY, a Washington County Corporation. RECITALS WHEREAS, on or about August 22, 1969, the City of Kent ("City"); a Washington Municipal Corportation; the Cascade Sewer District, predecessor in interest to the Soos Creek Water& Sewer District, a Washington Public Utility District ("District"); and the Municipality of Metropolitan Seattle, predecessor in interest to King County, a Washington County corporation ("County"), entered into an"Agreement for Joint Use and Oversizing of Sewerage Facilities ("1969 Agreement"); and WHEREAS, Section 6 of the 1969 Agreement provided for the construction of a Relief Sewer, or"alternate relief system" at such time as the sewer downstream from the Mill Creek Interceptor was approaching its maximum capacity, estimated in the 1969 Agreement at 8.6 million gallons per day; and WHEREAS, said downstream sewer has approached or is exceeding its maximum capacity; and WHEREAS, Section 6 of the 1969 Agreement also established that the City and the District would jointly pay the County's cost to construct the Mill Creek Relief Sewer or an alternate relief system with no cost to the County; and WHEREAS, the County and the City have determined that engineering limitations make construction of the Mill Creek Relief Sewer, as originally contemplated under the 1969 Agreement, technically unfeasible; and WHEREAS, the City has obtained the right-of-way and is currently constructing an arterial roadway, know as the 277th Street Corridor, with its eastern terminus at the intersection of the Kent Kangley Highway (SR 516) and 116th Avenue Southeast (in the City's "East Hill" area) and with its western terminus at the intersection of Auburn Way North/East Valley Highway and Southeast 277th Street in the Green River Valley; and WHEREAS, a major component of the City's 277th Street Corridor Project is a bridge that links the region's East Hill area to the valley floor by crossing over the Green River; and WHEREAS, most of the area being served by the Mill Creek Interceptor and planned to be served by the Mill Creek Relief Sewer lies in the vicinity of the East Hill area and the District's service area; and WHEREAS, the County is contemplating the design and construction of a regional sewer interceptor project, which will serve the City of Auburn, City of Black Diamond, City of Kent and the District by providing increased regional capacity and the relief envisioned in Section 6 of the aforementioned 1969 Agreement; and WHEREAS, construction of any new crossings over or under the Green River is potentially damaging to the river environment and necessary permits are extremely difficult to obtain; and WHEREAS, the City is amenable to designing and constructing two (2) twenty-four inch sewer transmission facilities as part of its 277th Street Corridor Green River Bridge construction project to provide the County the option to utilize this river crossing for its new regional interceptor system, should the County's final planning incorporate that river crossing as part of its ultimate design; and WHEREAS, in consideration of the City's payment at all costs of design and construction of these two (2) twenty-four inch sewer transmission facilities on its 277th Street Corridor Bridge construction project, the County agrees to accept the various costs expended by the City on this project as full and complete payment of the obligation to pay for construction of the Mill Creek Relief Sewer or alternate relief system under the 1969 Agreement, and the County further agrees to release both the City and the Soos Creek Water& Sewer District from any additional financial obligation to construct the Mill Creek Relief Sewer or alternate relief system under the 1969 Agreement; NOW, THEREFORE, the County and the City agree as follows: Section 1. The City will design and construct two (2) twenty-four inch sewer transmission facilities as part if its overall 277th Street Corridor Green River Bridge construction project. These facilities will be designed so that they can be connected to a regional sewer interceptor should the County, upon further review, determine to construct a regional sewer interceptor system from the County's East Hill area to connect to the County's main sewer interceptor system in the Green River Valley that leads to the County's sewage treatment plant in Renton, Washington. Section 2. In consideration of the City's payment of all costs for design and construction of these two (2) twenty-four inch sewer transmission facilities on its 277th Street Corridor Bridge construction project, the County agrees to accept the various costs expended by the City on this project as full and complete payment of the City and District's obligation to pay for construction of the Mill Creek Relief Sewer or alternative relief system under the 1969 Agreement, and the County further agrees to release both the City and the Soos Creek Water & Sewer District from any additional financial obligation to pay for Mill Creek Relief Sewer or alternate relief system under the 1969 Agreement. 2 Section 3. The respective parties shall comply with all provisions of the agreement for sewage disposal dated May 18, 1967, between Metro/County and the City, as amended, without qualification or condition by reason of any provision or interpretation of this agreement. It is the intention of the parties that the above-referenced agreements shall not be affected or modified by this agreement. Section 4. This Agreement may not be modified, altered or amended unless first approved in writing by the City and the County. Section 5. This Agreement contains the entire agreement between the parties regarding the matters described herein and in executing it, the City and the County do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this agreement. IN WITNESS, the County and the City execute this agreement, which shall become effective on the last date signed below. KING COUNTY CIT KENT nn By: A �7� Asn2.zn� By' Its: era {eor - f e-F AkIL✓Qj 1R�eSeurrl.�j Its: lM N '► A-1 YL.- Date: C_ __ Date 401 m* , 2r ATTEST: APPROVED AS TO FROM: G �-2m THOMAS C. BRUBAKER Assistant City Attorney 3