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HomeMy WebLinkAboutWTR2700230(2) WTR --3 LEGAL LATECOMERS AGREEMENT W_230 METRO-Private paid ACA : ebruary 12. 1v7. t+unoraa.e ,very arrztt, Larar iiemours of Cho �.fty Coun, ll Re. aeata+t Water Main rattoMion Atreeaent Subsitted by Metro Cewe+i: .ra;arre: of r/P/rr .+utlearn; As requested, the hoard of Public warK% has reviewed theThe w+ter win eaten�ioa +sreement submittad by Metro. new awraa vLt is neoesearrrr by Metro 'which necessitsta.i absar a result of eipanaloa fs+touwent of q action Of one of their lines, for which them late 4..,%-rx, agro#.Aert . 1s-yearr1.'+w line in e locatio:. wtt3 :o tvtruu;ad• She f Heir tort ,•n t voyers t the mev line installed plus t ;tortior of t:;c "ld main included :n thr orlA ftil alreon.rnt . The Director of itniilaeerint bts rayi wity AeyQd fate a:,rcc er.t with the ttosney .rnd Mctro officials. In accordance with action token at t%, tc.ular t:oatln� of February 1S, the rsird of Public Mara cencuratk Witth the recomaendacieef of the Olrector of ORfureerlax that the iwlreeRemt be OWOV#d with the a'sisigat st" ehas it "ohm* o lb_Poar r{we :twit. sia<arelr• O61 akMNVTT Publlc works Administrator cah cc: Director of ingimNriaa '� I V 1] a 11 I o0 \ 4it PA a Al It 4 � YI t 11 P (/I O ❑ m 1 11 ----Li- -----------��-----_--------------------- .. \ Z JD a m O h • � 0 t i ell #Gff-n 7['1M,YT � 65C h C.. . .61 YT d� ;- •lturiw+ 00/ r: 71YDS F.i/13,i•.001 ,/-3l rJL - - •.. - = 3 MEO TRO ..ua Ry of mwtroaolasn aaanl0 rv4 tary la 1972 ;4 a City Council H'���'� ....aw..... 4 ` City of Renton C � ` '- 20u Hill Avenue South Cot' Kenton, Washington 98055 Nwup"A l.0 '••^«�`•• Gentlemen: "" "` Renton WAEor Maiq Cx tendon A nement As a result of Metro's need to expatul the „enton treatment Plant we have been required to relocate a City water line that provide.l water to our plant, The nriginal line was w..w..,w also built by MtlLIO and C9vered by a previous agreement. The new line has now been completed and the al+andoha.l N.w.c"..... water lino has been salvaged by the Citp, • ,..� .. t'nclosed are ten oe,.ies of a new agreement, six of which are counterpart copies, which provides for tlis now water line to be incorporates into thu City system. This atv s- °,:,:,G,., ment, in addition to orovidiny for certain responsii;ilt.tiet_ negates the previous Renton-(tetro agreement concotnin ; !1*1 , „...� . , abandoned water line. ',,.,m +.. ",. if this now agroement meets with the City's approval, ple.ise . ,.... N— have all six countarpert copies executed anti returned for m'dY""' presentation to our Council. Please omit the. Auto on rage The ayroement will be dated on the day it is executed by the r"sue• municipality. In addition, please send us a cortifieu copy of your rux.�; . .un"`" or ordinance authorizing the execution of this agreement. e : •w.,w...w,. Thank you for your cooperation. r •..wee...... r.arta.r.. Vary truly yoUP,*,. �,.. • rs."Mrwnwm. ��� . Charles V, t>ilbb e....... ExeCwtiva Director f.y..w 4w !V� V•t'1/P1 NNi:a)w Enclosures ff •- a rf 410 Went Man,Ypn Sewt . Ssafea Wamhineton 9Hitii . ATwater 4,5100 w • METRO - RENTON WATER MAIN EXTLNSION AGREEMENT THIS AGREEMENT, made by and between the CITY OF RENTON, WASHINGTON, a municipal corporation of the State of Washington, hereinafter referred to as the "Ci.ty ', and the MUNICIPALITY CF METROPOLITAN SEATTLE, a metropolitan municipal corporation of the State of Washington, hereinafter referred to as "Metro"; 41 1 T N E 5 S E T It: WHEREAS, Metro Contract 71 for enlargement of the Metro Renton Treatment Plant (hereinafter referred to as "the Plant") will require the abandonment of an existing City water main that serves the Metro pla:.t: and W7IERLAS, the abandonment of the existing wate: line negates a previous Metro agreement with the City: and WHEREAS, it is to .he advantage of both parties con- cerned to provide a now water service to the Plant by extending an existing City water main; and WILEP,LAS, the Metro property and the proposed water main extension (hereinafter referred to as "the extension" are all within the corporate limits of the City; NOW, TIILRL'FORL, in consideration of the mutual cove- nants contained herein, it is hereby agreed as follows: 1. Metro shall construct a water main extension to servo the Plant As indicated on Exhibit I which is attached here- to and by this reference made a part hereof, accordinn to plans and specifications to be prepared by Metro and approved by the City. The City s:iall acquire all paarmanont rights of way there- for. :Intro shall let the cent:act :'o:: ,.uch construction after the Ar;arc .11 by the City of the plc:u And rpacificat,:.onn and shall be rur.;orsiLlo for cempletion r,f tho worts , including the ccnnc,"ticn of the extension to the existing public water service facilities of the City. All costs incurred in the construction of the extension shall be piid by Metro. The City shall inspect the extension Laing constructed at such reasonable tires and in such manner as the City may deem necessary and shall bear the costs of such inspection. 2. Promptly after the completion of the extension the City shall, if the extension conforms to the plans and specifications therefor, notify Metro in writing of the City's approval of such construction, and upon receiving noti4o of approval M.atro shall convey the extension to the City by deed or assignment in form satisfactory to the City and at no coat to the City, except as set forth in Section i hereof. Metro shall furnish to the City along with said conveyance as-built construction plans of the extension. The extension and otl.or water main facilities previously built by Metro from the connoction thereof with the existing City water main up to but not including the Metro water meter, shall hereinafter be referred to as "the Metre water main facilities". Upon such con- veyance the City shall own and shall be responsible for all main- tenance, operation, replacement or repair of the Metro water main facilities. In addition, after completion of the construction of the extension by tWatro and after written acceptance of the extension being received by Metro, the City shall have the right to salvage that portion of the existing water main previously built by Metro which is no longer necessary to furnisii -rater to the Plant. Said salvage work shall be completed within six (6) weeks after notifi- cation of the completion of U:v extension is given to the City by Metro, and shall be coordinated with the Contractor for Matro's Contract 71-2. The City agrees to restore any Metro property disturbed by the salvage operation to the satisfaction of aIatro and to reimLurse Motro for any damages done to Metro property or improvements which are not repaired. The City shall Also hold Metro harmless for any and all claims arising out of the �2� salvage operation due to any injuries to person or property. I. Upon approval and acceptance of the Metro water main facilities, tho City shell charge such rates for water distribut-3 therefrom as it may be authorized by law to ostarlish, provided that for the purpose of applying such rates Metro shall not be classified separately or differently from all other water users with water motors of equal size. It is agreed that the existing eight-inch W) magnetic flow motor installed by Metro shall be considered to be equivalent to the standard eight-inch (81 meter used by the City. It is further agreed that in consideration for the construction of the extension and the conveyance of the Metro water rain facilities to the City, the City shall. relieve Metro of any assessments or fees levied by the City for any future water main facilities constructed by the City in the vicinity of the plant. !. No person, firm or corporation shall be granted a permit or be authorized to be surved directly from the Metro water main facilities without first paying to the City, in addition to any and all other costs, assessments or foes made or assessed for such direct service connev.iona as proscribed by the ordinances of the City of Renton, the amount required by the provisions of this Agreement. All amounts received by the City shall be paid to Metro within the time sperificd herein. rurthermoro, in case any direct service connection is made to the Metro water main facilities without such pay-neat having first boon made as herein set forth, the City Council of the Cit., of Renton may remove, or cause to be removed, and terminste such unauthorized direct serv:ee connection IOCateO in the facility right-of-way, and dispose of the unauthorized material so removed, without any liability whatsoever to any party. It is agreed that the total cost foe construction of the Metro -3- water main facilities is $96.032.00. Such sum represents the ex- penditure incurred .)y Metro for construction of said facilities. The anount of the charge to be reimbursed to Metro by the City shall be on a per front foot of property served basis on each side of the Metro we'or main facility and represents one half of the estimated cost of constructing said facilities as based upon comparable City water main projects. The following unit casts shall be used in determining the connection charge: 1. Bet sn points A and B on Exhibit I - $5.00 2. Between points 0 and C on Exhibit I - $6.00 3. Between points D and E on Exhibit I - $9.00 Direct service connections between points C and D on Exhibit 1 shall be authorized only upon further agreement between Metro and the City. Connections to the notro water main facilities for City fire hydrants shall ho exempt from any connection charge. The airount of the charge and per front foot of property benefited 1; a direct servic, con- nection to the Metro water main facilities shall be determined by tho City, approved by netro, and shall be final anti conclusive in all respects. All amounts received by the City for direct service connections to the ?fetro water main facilities shall be paid by the City to Metro within thirty (30) d.ys after the receipt thereof. S. Neither of the parties hereto shall hdve the right to assign this agreement or any of its rights and obli�rations h-reued�r nor to terminate its obligations hereunder by dissolution a ather- wise without first securing the written corsent of the other party, and this agreement shall be binding upon and inure to the benefit of the respective nuvcassors of the parties hereto. 6. Each party hereto agrees that it will execute :_, and all ir.stru;ncnea and documants and enact any and all res3lutions or ordindnces necessary to give effect to the terms of thin agree.ent. .4. iS4; 7. No waiver by wither party of any term or condition of this agreement shall be dee.ned or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent tre.tch, whether of the same or a different provision of this agreement. 8. In addition to the ramedies provided by law, this contract shall ba sp.acifically enforceable by either party. 9. This agreement morges and supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire contract between the City and Metro concerning the financing, construction and ownership of the Metro water main facilities, but nothing herein contained shall qualify or condition the rights and duties of the parties under that certain Agreement for Sewage Disposal dated May 2, 1961. IN WITNESS WHEREOF, the parties hereto have executod this agreement as of thn day of 1971. CITY or RENToN By "Mayor ATTEST. By ty Car MUNICIPALITY OF METROPOLITAN SEATTLE By !' E.-Carey Donworth Chairman of the Council ATTEST: ny �--bra yn Sullivan Clark of the Council -5- STATE OF 'AARIIINOTON ) aa, COUNTY OF KIND: ) On this day of , 19 before me the undersigned, a Notary Pub is in anc nr tTic State of Washington, duly commissioned and swot.,, personally appeared to Pie _own toTc tSc_ respectively, of the Eric muntc pa corporation thnt executed the fore- going instrument and acknowledged the said instrument to be the free and vcluntary act and deed of said corporation for the uses and purposes therein mentioned and on cnth stated that they were authorized to execute the said instrument and chat the seal af- fixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Puy is an and for the 9tago7 Washington, residing at STATL 01' WAS:IINGTO21 1 ) ss. COUNTY OF KING ) On this day of 19 before me the undersigned, a Notary rublic in and for the State of Washington, duly commissioned and sworn, personally appeared C. CARET OONWORTII and MARALYN SULLI%'AN, to me known to be the Chairman of Cho Council and Clerk of the Council, respectively, of the 9UNICIP.ILITY OF k1VTROPOLITAN SEATTLL, Uie municipal corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and dead of said corporation for the uses and purposes therein mentioned and on oath stated that the; were authorized to execute Via said instrim:%ent and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. o a}5 ! ry FG1 -1c in an To—F737—`ta-'�f Washington, residing ..t EXTE!s.'S/oN 13 1g 2a- t9 G/TY V/47ERMA/N P,<Et�/nlStY , �W,4 15e / ,-/rV rri c •,'52-po xIF in 7 t � N k I a•� Fi y 0 LATECOMER AGREEMENT TABULATION RECIPIENT! LCA A PROJECT: P PLAN FILE PROJECT DESCRIPTION: ✓. PROJECT COST tBILL OF SALE) MATERIALS S LABOR ENGINEERING COST tIF APPLICABLE) S LESS OVERSIZING, ETC. 1 ) S TOTAL ASSESSMENT COST S TOTAL ASSESSABLE FOOTAGE (FRONTAGE/AREA) 1 TOTAL COST PER FRONT FOOT/SQ. FT. S Z'> If per counterparts of Which this is countorpart No,� Y-ETRO - PENT 3N t:A';f Mhtd CXT�ttc lny�/,rgECNEeT THIS AARE@MENT, made by and between the CiTif Of kEN;ON, ) w ASNINCT('%, a ^unlclnal c•,rpo( at Ion of the b+s•, of wasn!ngton n (heretnof !er referred to as the "City") . and th,. MUN1CIr4LITY 0" METROPOLITAN SEATTLF, a utropol l tan -�uniclpal corporation of thf NState of wash Ington theral n:-ter reterred to as "Ketro"i ; t; t T N E S S E r M: t� h HERE AS, Mot ro Coni ract 71-: for or tars c••:-nt of the Metro Renton Trwatmant plant the,oinattar r„it,, rod to as "tt.n slant") will require the abandonncn! 4 $n u+.:nt:nq Cisy water Hal, that ►orves fro Metro plant; an(: whiREA the abandonment of the os lsting wetor Iina negates a previous Metro Ogrgamo"t with the City: and wNERLAS. It is to the ddvanta a• of both par, {as concerned t8 provic� a new wn. .;r str, lu ,o -no • ,any :,y W,.ie"dinp an exit.ting City wo`or main; end MfiE11EAS, the Metro property and the propo ed f.ater main extenslOn thuru(naftor referred to as "the extet,lon") are all Within the Corpora To Iimlts of tho Clfy; NOV,, THERCrORr, In cor+sldersiIon Of tha mufunl cnvanants eontaineJ heralr., it Is h€raby sg,,aaJ as fellows: S action ( . J, esinn and Cnn«,tau c?Ir.�_ot tno Ex to as-Hen, Metro shall Construct a water main extension to SorvC the ('tant a$ Indi- cared On Exhihit I w"ith i! ,ttucbod if:rc !v and by Phis rc le, OnrO made a part hereof , accord'nn to plonr and Spec irltat {ons fo be Prepared by Metro and aapro+,,d Sy tte TrrD City saalt acoutra all ocrr„nant -I� nf5 of ,:h`; 'h,��,.f Or, ! � '. r'«' •+..+! 1 let the ConTrntt ter such c�1)65ructi011 after the .,qp,'tv:t L; ih:• ;,ivy of the plans anc sprclflcaTicns oId Shot: to ra vpcn; i;.)c 4^ Cum^1at�on Of the work, InCivding the connection of the oxtonsion io the existing Public va-or service facilltioa of the City, 1.11 Costs Incurred rO ONIn the 0^natrvetlon of the Oxtanslon shall be paid by Metro. The 4 City shall InSaect the extension being c,nstructed at such reason- eble times and in such manner as the Clty may doom neCctsory and f` shall bear the costs Of such Inspection. Setton 2. (?w ne r_ cn i��nd Malnten_t;o of thu Extension, Promptly after the Completion of the extension the City shell , If the exfonsior conforms to the, plans and a^eelflcetions therefor, notiff Metro in writing of the Cityis approval Of such construction, and upon receiving notice of approval Itotro shall convey the exi'en- Sion to the City by deed or assignment In form satiSfnctory to the City and at no cost to the City, except as set forth in Section L herec Metro shell furnish tO tho City along Ith said conveyance as-built constructio^ plans of the extension, The oxtCnslon and other water .+)in fdCill ties previously Dui It by ..,, Ir•,, fro 1 , _ wn ., mot ,�n thorco: with the existing City avatar main eo t0 but no♦ Including the Metro water Rotor, shall hereinafter bu referred to as "the Metro water main facilities". upon such Conveyance the City shell own and shall be resaonslbin for all maintenance, operation, replacement or repair of the MOIro water main facilities. In addition, after completion Of the Co^struction of the extension by Mciro and after written ac- coptance of the extension Doing received by Metro, the City shall h we the right to Salvage that portion of the existing water main Previously b:llt by Metro whlCh Is no longer necessary tc famish water to the Plant. Said salvage ork shall be COKPIC tad within six (6) weeks after notification of the completion of the extension is given to the City by "etro, ono shall t^ coordinated with the Contrector for Meirols Contract 71-2. `.PC Clty 0,1rees t0 rosto.-e any Metro brOpe-ty dlsturbed by tho Salv+_n operation to the sctis- 2 faetlon Of Matra and to reimburse Metro for any damagws done to Metro property or Improvements which are not repaired. The City shall also hold Metro harmless for any and all claims arising out p of the salvage operation due to any Injurirs to person or property. NSection 3. Lha 9e; by the City, Upon approval and acceptance of the Metro wrier main facilities, the City shall charge such rates r,j i`- for water distributed therefrom as It may be authorized by law to establish, provided that for the purpose of applying such rates Metro shell nor ba classified separately or differently from all other water urars with water meters of equal size. It Is agreed that the existing eight-inch 18") magnetic flow motor installed by Metro shall be considered to be equivalent to the standard eight- inch (8") motor used by the City. If Is fur '�or agreed that in Consideration for the construction of the rrtension and tho con- veyance of the Metro watwr main facilities to the City, the City shall relive Matro of any assessmenrs or funs leviou ey the C17y for any future water main facilities constru:ied by the City In the vlcin.ty of the Plant. Section 4. Reimbursement for Direct Service Cnnneetlons. Ro person, fl--m or corporation shall be granted a permit or be authorized to be served directly frog the Metro water main facilities Without first paying to the City, In addition to any and all other Costs, assessments or teas made or assessed for such direct service connectlons as prescribed by the Ordinances of the City of Renton, the arount required by the nrovlsions of this Agrowment All amounts received by the City shall be paid to Metro within the time specified herein. Furthermore, In Case any direct service connection Is made to ihu Vetro %ator main facilities without such payment havinq first been moue as herein set forth, the City Council of the City of Renton may r*nova, or cause to to removed, and tdrr.lnato such unauthorized 3 . direct snrvICe Connection locatad in the facility rlght-Of-ray, and dispose of the unauthorixod material so ren,ovod, without any liability whatsoever to any party. ' It .s agreed that the total cost for Construction of the Metro 1` water main facilities is S96,1432.00. Such sum represents the axpen. O� Odlture Incurred by Metro for construction of said facilities. The U: �U amount of the charge to be reimbursed to Metro by the City shall be on a per front foot of property served basis on each side of the Metro water main facility and represents one half of the estimated cost of constructing said facilities as based upon comparable City water main projects. The following unit costs shall be used In determining the connection charge: 1 . Between points A and 0 on Exhibit 1 - $5.00 2, Between points D and C on Exhibit I - $6.00 3. Betwoen points D and E on Exhibit 1 - $9.00 Direct service connections berwebn points C and f: on Exhibit 1 shall be authorized only upon further agreemont between Metro and the City. Connections to the Metro water main facilities for City fire hydrants shell be exempt from any connection ehargt . The amount of the charge and per front foot of property benefited by a direct service connection to the Metro water main facilities shall be detormined by the City. approved by Metro, and shall be final and conclusive In all respects. All amounts received by the City for direct service connections to the Metro water main facilities shall be paid by the City to Metro within thirty (30) days after the receipt thereof , except that the reimbursement charges as set forth above shell bo limited to a period Of fifteen ( 15) yeirs commencing from the date of this Agreement. Section 5, Jks. nmenf. fdeither of the parties hereto shall have the right to ussign this agreemcnt or may o} its rights and ob- ligations hereunder nor to terminate its obllgettons hereunder by 4 dissolution or otherwise without first srcuring the written consent of the other party, and this agreement shdil be binding upon and Inure to the benefit of the respective successors of the parties hereto. Section 6. Execution of Documents. Each party hereto agrees that it will ex�cut,, any and all Instruments and documents cr, C7 and enact any and all resolutions or ordinances necessary to give O nj effect to the terms of this agreement. Co Section 7, we l var. No waiver by either party of any term f� or condition of this agreement shell be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or a dif f eront provIs i on of this agreement. Se_ctlnn S. Remedies. In addition to tho remedies provided by Inw, this contract shall be specifically enforcenble by eltt.er party. Section 9. Entirety. This agreement morons an, supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subje^_t matter hereof and constitu'es the entire contract between the City and He- ^ concerning the flnanelnp, eonstruc+ion and ownership of the Metro wr main facilities. Nothing herein contained shall qualify or condition the rights and duties of the parties under that certain Agreement for Sewage Disposal dated May 2, 1961 . IN WITNESS WHEREOF, the parties hereto have cxecotOd this agreement as of the Eth day of A,r 1 1 1972. • 4F:� �`" \ CITY or REIIIDN (`�fa' �r4 D r -- Y p V�:��•Ka 5� .. MOYor • ATTEST':: ' Ry .� •s .17t 5 MUNICIPALITY OF METM_1(POLL\TITAN SEl TTLF by =ca rhi;4.� wort Chairnan of the Council ATTEST: o tT 9y * ytt-Svhhi-r— a Carol ;U Actl^ � Clerk of the Council J J G STATE or WA."HINGTOS: ) ss. COUNTY OF t:ING ) On this 24th day of March 1972 before ma the dude rcomr 1'.q a S:ot sly Public n and or—tTia"State Of t'ashinyton, duly co�;v _ sioncu and s«orn, c;;rsonall:• n;•peared Aver _}• Garrett `� and Helmie Nelson to me known to tTc — ayar an�C'itiy�Clem "-" lnllcativ.�ly, o. the C I5'! �'•C :.i:.',':;i, t(.� auni.c�v,1 cor,(-,�_ -..ti1.:: the fore-going inctrnmeLt and aekro.,ledgad tale r.c1i in:trurtcnt to le the free and voluntary set and deed of said corporation for t:v uses; and purposes therein mentioned and on ,.at:: ^,tatod that thuy were authorized to execute the said instrum„nt and that the seal af- fi>:cj is the :orporate seal of said ccrpp, ration. my hand and official senl hereto affixed the day ;, s 'n this cortiricato shove written, ' Wishill'jton, reading at STATE OP WASHINGTON ) ss. COUNTY OF F:ING ) y On this day of < 19 before me the undersigned, a Notary Public n an or tle Statoeoof Washington, duly eommiusioned and sworn, personally appeared C. CAREY LONWORTH and B. J. CAROL, to me known to be the Chairman of the Council and Acting Clerk of the Council, respectively, of the MUNICIPALITY OF METROPOLITAP7 SEATTLE, the municipal corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for tile uses and purposes therein mentioned and on oath stated that they .:are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal Ferete affixed the da••and year in this certificate above written. ' '•,�., Rotary VuMT1c in anr orb, fate o �• : .�j°�1 Washington, residing at wti4r, a l 6roO ZROZL �.y..:. L lc p,03au A 431W N w 0 0 off cl ,.. October 28, 1970 Municipality of 1latmptlitan Seattl-. 410 W. Harrison Street Seattle, Washington 98119 Attention: Hr. Jim Hawthorn Re: `., .ton, Water Late-Comar's Agmament Dear Jim: inclosed is a map shaving the Railroad Development and their water mains. Their water mains are served off an It' water main at S.W. 7th Street and Rainier Avenue. The additional rein was required for circu- lation reasons as wall as making your water supply more reliable. Revardlnn the trunk" ama charge, the City's Interpretation of our agreement was that this was an extension to, and not from, your water mein and therefoiro not subject to our agreement. if further information Is requimd please contact this office. Very truly yours, 1111.0ml Ronald L. Olsen Enc. Water Enginaer � � • ._ '�� �'r . ' --_ _._ . �' r' t .� �\ w L V i f, � ... . .,.. l__. ...�..�. � ♦._ .11 _. F` � � Y ! .1 METRO R'1t4A t1' 1 .�ET�[�J O 410 WEST MA RR ISON STREET • SE All It WANINGION gel 11 • ALvRpr MSlae chox„M„ January 19• 1271 C (PIRA W.1.71d4nen CITY OF RENTON r EC Mr. Jack Wilson REC.C.'VED Ted WA City Engineer c�.rw.a.c.,.xn C i t y o f Renton n t o n JAI\2.,t971 Cemem F. c"dra T - FAGINEERING OEM ;,,N,tI :!0) Mill Avenue South M..A"Iw.v.Lu,Ra..r Venton, Washington 98005 W.vne D.Lehi. U.Sao"h Dear > r. 41I son: Clem Fq hxl mr, i..uvew W'diwx. Metro - Renton Water Main Agreawent Co lm„, Reference is made to Ron Olsen's letter of October 28, 1970 arxnnd,e r..i. and subsequent conversations with you regarding the water lint Installation by the Railroad and their connection to txu the "Metro" water main. I believe the service area charge All.„A appl les in this case for the following reasons : 1 . That the water line In Powell Avenue S. W. falls within the defined service area which was agreed to be benefitted by the "Metro water main ant as such is subject to the acreage charge in u,. accordance with Section 48 of the agreement . 2 . That the connection made to the "Metro ' water main will not only benefit Metro, but eventually the Railroad and the City , also -- therefore the charge A.m,G...." should be paid in accordance with Section 7 of the agreement . Our legal counsel reviewed this with me quite hurriedly and it is also his opinion that the area charge should apply . Perhaps you should confer with the City Attorney for advice; it is quite possible 1 have overlooked something . intro D.b}wiluuu cxmMT e�,.m,u Possible alternate solutions might be applying the charge 11'EtU Mf%f F-1ara nn,mx.sl.r,.,awt when service tabs are made to the laterals or by amending W-:Oum N.R.,,,,,, the agreement to exempt this situation. A Rvn W'mV6,nyNn Very truly yours . F+.runs D t,,v" Chub y.Gild. ' Richard L. Hibbard Technical Assistant to R LN:mo the Executive Director cc: Mr. Gordon Conger C G Owed METRO - RENTON WATER MAM AGREE.'4ENT THIS AGREEMENT, ...ads by and between the CITY or RENTON, WASHINGTON, a municipal corporation of the State of Washington, hereinafter referred to as the "City,' anc the 3UN1CIPALITY )f METROPOLITAN ScATTLE, a Metropolitan �Aunicipol corporation o; the 4 � State of Washington, hereinafter referred to as "Metro" , W I N E S S E T n: WHEREAS, Metro owns the following described real property situated in King County, Wasbington: Parts of Government Lots 2, 5 and 6, the ::E 1/4 of the NW 1/4 and the SW 1/4 of the AL 1/4 of Section 24, Town- ship 23 North, Range 4 E.W.4,. , tang County, Washington, as more particularly described hereinbelow: Cotm,encing at the Northwest corner o£ Section 24, Township 23 North, Range 4 E.W.N. , as established by King County Aerial Survey Coordinates (i.sisting [Monument) ; thence South 87. 26' 48" East alone the north line of Section 24, a distance of 209[. ,o fee- or, ,t less, to the North 1/4 corner of said Section, estadi.she.. �y a survey and the ties therwto, togetner wv rn toe Ding County Aerial Survey Coordinates, filed with tine King County Lngincer; thence South 0. 55' 30" West along the north-soutY center line of said Section 24, the Dearing of 4hich is baseu on the angle in 'he southwest quadrant at the Borth 1/4 corner as determined frog King County Aerial Survey Subdivision of said Section 24, a distance of 609. 11d feet to the true point of beginning c° this description; thence South 890 04' 30 ' East along a lii perpendicular to said north-south center lire of Section 24, a distance of 470.)0 feet; thence South 0" 55' 30" West along a line which is 470.00 feet easterly of an" parallel with said north-south center line of Section 24, a distance of 1,402.37 feet, more or less, to the intersection thereof with the northerly line of the right of way of the Northern Pacify: Railway Company thence southwesterly, westerly, and northwesterly, along said northerly line of right of way, to the ,ntersection thereof with the northeasterly line of 72nd Avenue South; thence nortnwesterly, northeasterly and northerly along the eastern line of sail 72nd Avenue South to the intersection thereof with a line bearing North 89. 04' 30" West from said true point of beginning: thence South 89. 04' 30" East along said last mentioned line, 104 . .33 feet, more or it.*, to vau: true point of beginning 4• of this description: and WHEREAS, there are no facilities for put iic water distribution serving the said property; and WHEREAS, Metro and the City desire tnac public rater facilities be constructed to serve said property, subject to ~ certain ter'-.s and conditions: and VPRER1:A.S, the said property and the water mains necessary to serve tau property are all within the cor^orate lisuts of the City: tOM, ThEREPORE, in consideration of the mutial cnvenan:s nereinafter containeu, IT IS HEREnY AGREEII as follow!: Section 1. Metro snall construct a water main to serve the above-describes property according to plans anu specifications to be prepared by Metro and approved by the City ana shall acquire all necessary rights of way therefor. .Metro shall let the contract for such construction after the approval by the City of the plans anu specifications anu shall be responsible for completion of the work, including the connection of said water main to the existing public water service tacillt>es u. he aft . :,11 dusts incurred in the acquisition and construction ut the water main facilities shall be paid by Metro. The City shall inspect ti•.e facilities being constructeu at such reast ,able times anu in such manner as the city may deem necessary and shall bear the costs of suer, inspection. Section 2. Promptly after the completion of said facilities the City shall, if the facilities conform to the plans and specifications therefor, notify Metro in wiihin- cf the City's approval of such construction, ana upon receiving notice of approval 4etru shall convey to the City by deed or assiinne^t in Torn satisfactory to counsel for the City at no cost to the City, excep, as set forth in Section 4 hereof, that oortion of such water main facilities from the connection thereof with the City rater System up to but not including the Metro water meter (same ueini nereinafter called "the Metro water darn facilities') . Upon sucn ^onveyance the City shall own, • • ALM w� and shall be responsible for all maintenance, operation, replaoswent, repair or relocation of, the Metro water main facilities. Section 3. Upon approval and acceptance of the Metro water main facilities, the City shall charge such rates for water Jwt distributed therefrom as it may be authorized by taw to establish, prvided that for the purpose of applying such rates Metro shall not oe classified separately or differently from all other water users i with water meters of equal size. It is agreed that Metro may install an 8" magnetic flow meter and same shall oe considered to be equivalent to the standard 8" meter now used by the City. Section 4, No person, firm or corporation sh„11 be granted a permit cr be authorized to tap into, hook onto or use saia water main facility during the period of time uescribed in Section 8 of this agreement without first paying to the City, in addition to any and all other costs, assessments o. toes made or asoessed for such taps, hookup or use as prescribed by -ne ordinances of the 'ity of Renton, the amount required by the provisions of this 'agreement. All amounts received by the City shall be paid to Metro within the time specified in Section 6. Furthermore, in case any tap, hookup or connection is made into any such water main facility, without such payment loving first been -lade as herein set forth, the City Council of the City of Renton may remove, or cause to be removed, svch unauthorized tap, hookun or connection, and all connecting- tile or pipe located in the facility right-of-way, and dispose Of unauthorized material so removed, without any liability whatsoever to any party. If any person, firm or corporation wishing to connect to or tap into said water main facility is unable to pay, in :Rah, the appropriate amount described herein, then, witn the written consent of Metro, installment payments may be permitted but the City shall not incur any 3 aim nitw 0 • liability for the payment or enforcement of such installment contract except to remit the amount collected to Metro as herein provided. Furthermore, if the City, by reason of the provisions herein contained, is made a party to any litigation, then Metro agrees to indemnify the City from any and all expenses dnu costs incurred in the defense of any such action; it befn. expressly stipulated and agreed that the City's liability shall be limited solely to the collection of and remittance to Metro of the charges herein specified to be chargeu to any party wishing to connect to said water main facility. The amount of t;ie charge to be made for connection to said water main facilities shall consist of a frontage portion and an acreage portion aetermined as follows: A. FrQrtaje. 'Chose properties abutting directly on the Metro water main facilities shall pay a charge in dollars equal to the number of feet of such pruperty r.rontiny on such facilities multiplied by a rate per front foot ueterminec •,y dividinq one- half the total cost of the Metro water wain facilities by 9,000, Ute latter figure beinq the total trout feet abutting on the Metro water main facilities. U. Acreage. All properties located within the area described in Exhibit A attached hereto and by reference made a part hereof, including properties fronting on the Metro water main facilities and paying a frontage charge, shall pay a charge in dollars for each acre or fractiuh thereof equal to one-half the total cost of said fdcilitfea uivideu by 300, the latter figure being the total acreage benefiteu by said facilities. section S. For the purpose of computing the charges described in Section ♦, the total cost of the Metro water main facilities shall include all costs of construction and connection, right of way, plans and specifications, permits, administration and legal costs, and any other necessary expenses incurred in the • wit 711aG 1 203 construction of said facilities or tt >ir transfer to the City and such total cost shall be endorsed by the parties on i:xhibit B hereof following completion of the work. Section 6. All amounts received by t.ne City from, connection charges determined as provides in Sections 4 anu � snail be paia by the City to Metro within sixty (60) days after the receipt thereof. If any tap or connection shall be made into the Metro water main facilities without such charges having first been pain to the City, the _ity shall forthwith cause such unauthorizea tap or connection and all connecting pipe located in the Metro water main right of way to be removed unless such charges are innnediately paid and shall deliver no city water to the property served by such unauthorized tap from any facilities connected to the City Water System directly or indirectly. Section 7. Whenever the coat of any (.art thereof of any additional water mains, whetner local or general, are to be assessed against the owners of any real estate ocscr.ibed in exhibit A who have not paid charges as provided in Section 4, and such water mains will be connected into or will make use of the Metro water main facilities, there shall be included in the City Engineer's estimate before the hearing on any such water main improvement, separately itemized as d part of tte cost of the improvement and separately assessed, a sum equal to the charge aetermineu from Sections 4 and 5 hereol ds the pro rats share due from such properties for the water main facilities const cteu hereunder. Section P. This contract shall be in full force anc effect for a period of fifteen (15) years from the aate hereof unless sooner terminated by mutual agreement of the parties. Section 9. 14eitner of the _iarties hereto shall have the right to assign this agreement or any of its rights ano obligations i A014M w 2 hereunder nor to terminate its obligations hereunder by dissolution or otherwise without first securing the written consent of the other party, and this agreement shall be binding upon and inure to the benefit of the respective successors of the parties hereto. Section 10. Each party hereto agrees that it will execute any and all instruments, and documents ana enact any and all resolutions or ordinances necessary to give effect to the terms of this agreement. Section 11. No waiver by either party of any term or condition of this agreement ..call be deemed or construed as a waiver of any other term or condition, for shall a waiver of any breaen be deemed to constitute a waiver of any subsequent breach, whether of the same or a different provision of this agreement. Section 12. In addition to the remedies provided by law, this contract shall be specifical :; enforceable by either party. Section 13. This agressaenr merges and supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter herett and constitutes the entire contract between the City and Metres concerning the financing and construction of water main facilities, but nothing herein contained shall gr.alify or condition the rights and duties of the parties under that certain 1•greement For Sewage Disposal dated May 2, 19bl. IN WITNESS WHEREOF, the parties hereto hove executed this agreement as of the %A e,( day of _.,LL K_( 196S. OF Rr .� CITY OF RENTON A r — ---Mayor .._. .....' [F ._.._._ _. b M MICIPALITY OF METROPOLITAN SSATTLE Ey-- ! TSw't-wtE�'-- Cr-airman Of the Council ATT"T: rd ork of the Council wan W= EXHIBIT A BOUNDARY DESCRIPTION OF PROPERTIES SERVED BY METRO WATER MAIN FACILITIES Portions of Sections 1 ' ano 24, ALL in Township 23 North, Range 4 East W.M. , Xing Count} , Washington; saic portions being more particularly descr•bed as follows: Beg inaing at a point in the SW 1/4 of said Section 24 where the easterly line of the joint right of way of the Northern Pacific Railway Company and the Great Northern Railroad Company it irsects the northerly line of Primary State highway No. 1 R.E. ; thence northwesterly along said easterly line to intersection with the easterly lir ,, of the Chicago, Milwaukee, St. Paul, and Pacific Railway Right of Way: t-lence northerly and easterly along said easterly line of the Chicago, Milwaukee, St. Paul ant Pacific Railway Co. to point of intersection with the 1Sth line in the SE 1r4 of said Section 13: thence southerly along said 16th line to intersection with the north line of the South 1/2 of the SE 1/4 of the SE 1/4 of said Section 13; thence easterly along said north line to intersection with the easterly line of 83rd Avenue South extended northerly; thence southerly alot., said northerly extension and easterly line of 83rd Avenue South to intersection with the north line of Primary State Highway so. 1 R.F.; thence westerly along said northerly line to the point of beginning. EXHIBIT A EXHIBIT B TOTAL COST OF METRO WATER MAIN FACILITIES Apprcved this ' < A d+Y Of J CITY OT RtNTON i r ATTEST: -,,L.a..i- ,ld.✓� r MUNICIPALITY OF METROPOLITAN SLATTLE By IT Chairran of the Council EXHIBIT b STATE OF WASHINGTON ) COUNTY OF KING ) ae. On this 1 day of 1965, before me personally a are DONALD�' an-d-WLMIE W. NELSON, to me known to be the mayor and City Clerk, respectively, of the City of Renton, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorised to execute Said instrument and that the goal affixed is the corporate seal of said corporation. AN .WITNESS WHERLOF, I have hereuntc set my hand and affixed NW ottleial real the day and year first above written. O a Ub1It n an Dr !f a ! of Washington, residing at . t'� ..rt � STATE OF WASHINGTON j COUNTY OF KING ) $a. On this /f Ga day of k 1965, before we personally appeared C. CAM,"Moog n3�,j�qm,� SULLIVAN, to ma known to be the Chairman of the Council and Clerk of the council, respectively, of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for Vie uses and purposes therei: mentioned, and on oath stated that they were authorised to execute said instrument and that the pal affixed is the corporate seal of Baia corporation. IN WITNi:SS WHEREOF, I have hereunto set my hand and affixed my Offi-ial 6641 t..e day and year first above written. m �Fub1i`c in an or a eEa— Of Washington, residing at Seattle rl J A q.ai aamw 101N1t A MOaM4 GeN►Aab, le` r, t.. is y ' . METRO mumcipabty of metropahlan sea"Is .\cr:l 1J, 1972 cf.x.Joaw... The `:ty of Fenton :.....r.c.N.. Municipal Building 200 Mill Avenue South .,. ..ac Renton, Washington 98055 Attention: 11s. Itelmie Nelson City Clerk �;entlamen: 1_etro-Renton .Dater Main Extension Aajreement un April t , 1972 G:e •letrupolit4n t.ounc ! passed nssolution t.Y.,. a,... No. 1641 approving tl.e subject agruerwr . with the City of °i"'•r ...... Renton. Renton. '••••^'^Y^^•• Encicsed are three execu P ted copies for your record*, aloes; w..wo w... m.... ,,, wit!-, a copy of Resolution No. 1641. very truly yours. .:arcl '°"•'°Dir Aetina Clerk of the Des,II.DT. b Wes. tut.l O+r." $.JC:alw enclosure*: { w..N+�•+^•^ CC: Mr. J%ms F. k.11is w/encl . r...Iw. Y.Y.on. c.,,... frnu v.4w 410 W*st Marr.son Street . Sea"*Wasninaton %6119 . 4Twata 4-51 W RESOLUTION NO, 1641 A RESOLUTION of the Council of the k'wr•' .iial l ty Of Metropolitan Seattle authorizing the execution of an Agreement fnr the oxionslon of a water wain with the City of Renton. WHEREAS , the construction of Metro Contract 71-2, Renton rreatment Plant, Expansion I . requl red the abandonment of the City of Renton water r..ain providing water to the plant; and WHEREAS, a new connection to the Penton water system wa•. necessary In order to operate Metro's troatrent plant ; and WHEREAS , it Is in the best Interests of the City and the Municipality that an agreerent be entered into providing for the extension of a City water main on the terms and conditions provided In the agreement proposgd therefor; NOW, THEREFORE , BE IT RESOLVED by rho Council of the Municipality of Metropolitan Seattle that the Municipality shall enter into an Agreement with the City of Rent Dn providing for the extension of a City water main , such aq^eament to be substantially In the form of Exhibit A attached hereto and by this reference made a part hereof and the Chairman and Clerk of the Council are horaby authorized and directed to execute such agreement on behalf of the Municipality. ADOPTED by the Council of the Municipality of Metropolitan Seattle at a regular meetlnq thereof hold on the 6th day of April , 1972. C. Way Donworth Chairman of ♦he Council ATTEST: B. d . Carol Acting Clwrk of the Council • ^had In_ counterparts of Which this :s counterpart No...;L METRO - RENTON WATER MAIN ExTFNsl^,, e4REEMENT THIS AGREEMEI,T , made by and between the CITY OF RENTON, WASHINGTON, a municipal corporation of the Statu of Washington (hereinafter referred to as the "City"), and the MUNICIPALITY Or METROPOLITAN SEATTLE, a metropolitan municipal corporation Of the State of Washington (hereinafter referred to as "Metro") ; W I T N E S S E T H: WHEREAS, Metro Contract 71-2 for enlargement of the Metro Renton Treatment Plant (hereinafter referred to as "the Plant") will require the abandonment of an existing City water main that serves the Metro plant; and WHEREAS , the abandonment of the existing water line negates e previous Metro agreement with the City; and WHEREAS, it is to the advantage of bath portion concerned to provide a new water service to the plant by extending an existing City water main; and WHEREAS, the Metro property and the proposed water main extension (hereinafter reforred to as "the extension") are all within the corporate limits of the C11, ; NOW, THEREFORE , In consideration of the mutual covenants contained her,.$,. , It Is hereby agreed as follows: Section 1 . Design and Construction of the Extension. Metre shall construct a water main extension to serve the Plant us Indl- cared on Exhibit I which Is attached hereto and by this reference made a pert hereof , according to plans and specifications to be prepared by Metro and approved by the City. The City shall acquire all permanent right% of way tha"ofor . Metro shall lot the contract for such construction after the approval by the City of the plans and SDccIflcatipaS and shall be responsible for complotion of the work, Including "a connection of the extension to the existing public water service facilities of the City. All costs Incurred In the construction of the extension shall be paid by Metro. The City shall Inspect the extension being constructed at such reason- able times and In such manner as the City may loam necessary and shall bear the costs of such Inspection. Section Z. Ownership and Maintenance of the Extension. Promptly after the completion of the extension the City shell , if the extension conforms to the plans and specifications therefor, notify Metro In writing of the City's approval of such construction, and upon race IvIng not Ice of approval Metro shall convey the exten- sion to the City by deed or assignment In form satisfactory to the City and at no cost to the City, except as set forth in Section 4 hereof . Metro shall furnish to the City along with $aid conveyance as-built construction plans of the extension. The extension and other water main facilities previously built by Votro, from the connection thereof with fine existing City water main up to but not including the Metro water motor , shall hereinafter be referred to as "the Metro water main facilities". Upon such conveyance the CITY shall own and shall be responsible for all maintenance, operation, replacement or repair of the Metro water main facilities. In addition, after completion Of the construction of the extension by Metro and after written ac- ceptance of the extension Well received by Metro, the City shall have the right to salvage that portion of the existing water main previously built by Metro which is no longer necessary to furnish water to the Plant. Said salvage work shall be completed within six (6) weeks after notlf lcation of the completion of the extension Is given to the City by Metro, and shall be c ordlnated with the Contractor for Metro's Contract 71-2. The City agrees to restore any Metro property disturbed by the salvage operation to the sells- 2 faction of Metro and to reimburse Metro for any damajes done to Metro property or improvements which are not repaired. The City shall also hold Metro harmless for any and all claims arising out of the salvage operation duo to any Injuries to person or property. Section S. Charges by the City. Upon approval and acceptance of the Metro water main facilities, the City shall charge such rates for water distributed therefrom es It may be authorized by law to establish, provided that for the purpose of applying such rates Metro shall not be classified separately or differently from all other water users with water meters of equal size. It is agreed that the existing eight-Inch (9") magnetic flow meter Installed by Metro shall be considered to be equivalent to the standard eight- inch (b") motor used by the City. It is further agreed that In consideration for the construction of the Oxtenslon and the con- veyance of the Metro water main foci Iltios to the City, the City shall relieve Metro of any assessments or fees levied by the City for any future water main facilities constructed by the City in the vicinity of the Plant . Section a. Reimbursement for Direct Service Connections. No person, firm or corporation shall be granted a permit or be authorized to be served dl rattly from the Metro water main facilities without first paylrg to the City, In addition to any and all other costs, assessments or fees made or assessed for such direct aerylce connections as prescribed by the Ordinances of the City of Renton, the amount required by the provisions of this Agreement. All amounts received by the City shall be paid to Metro within the time specified herein. Furthermore, In case any direct service connection is made to the Metro water main facllltles without such payment having first been made as herein set forth, the City Council of the City of Renton may remove, or cause to be removed, and terminate such unauthorized 3 direct service connection located In the facility right-of-way, and dispose of the unauthorized materlal so removed, without any liability whatsoever to any party. ' It Is agreed that the total cost for Construction of the Metro water main facilities Is $96,832.00. Such sum , epresents the expen- diture Incurred by Metro for construction rr said facilities. The amount of the charge to be reimbursed to Metro by the City shall be on a per front foot of property served basis on each side of the Metro water main facility and represents one half of the estimated cost of constructing said facilities as based upon comparable City water main projects. The following unit costs shall be used In determining the connection ch.+rge: 1 . Between points A and B on Exhibit I - $5.00 2. Between points B and C on Exhibit I - $6.00 3. Between points D and E on Exhibit 1 - $9.00 Direct service connections between points C and D on Exhibit 1 shall be authorized only upon further agreement between Metro and the City . Connections to the Metro water main facilities for City fire hydrants shell be exempt frcm any connection charge. The amount of the charge and per front foot of property benefited by a direct service connection to the Metro water main iacilities shall be determined by the City, approved ky Metro• and shall be final and conclusive In all respects. All amount, received Ly the City for direct service connections to the Metro water main far.11lties shall be paid by the City to Metro within thirty t30) Jays after the receipt thereof , except that the reimbursement charges as set forth above shall be limited to a period Of , fifteen ( 15) years commencing from the oats of this Agreement. Section 5. Assignment. Neither of Yhv parties hereto shall have the right to assign this agreement or any of its rights and ob- llgatlons hereunder nor to terminate Its Obligatlons hereunder by dissolution or otherwise without first Securing the written consent of the other party, and this agreement shalt be binding upon and inure to the benefit of the respective successors of the parties hereto. Section 6. Execution of Documents. Each party hereto agrees that It will execute any and all Instruments and documents and enact any and all resolutions or ordinances necessary to give effect to the terms of this agreement. Section 7, Waiver. No waiver by either party of any term or condition of this agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitbte a waiver of any subsequent breach, whether of the same or a different provision of this agreement. Section 6. Remedies. In addition to the remedies provided by low, this contract ,hall to specifically enforceable by either party. Section 9. Entirety , This agreement merges and supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire contract between the City and Metro concerning the financing, construction and ownership of the Metro water main facilities. Nothing herein contained shell qualify or condition the richts and duties of the parties under that certain agreement for Sewage Disposal dated May 2, 1961 . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the 6th day of April 1972. CITY OF AfNTON By Mayor ATTEST; / •�/ �% By ,� t,I Clerk C � 5 MUNICIPALITY OF POLITAN SE},TTLE By Carey TUonror� Chairman of the Council ATTEST: By �SvMe. Carol Acting Clark of the Council 6 STATE OF 'WASHINGTON ) ss. COUNTY OF RING ) On this 24th day of March 1972 before me the undersigned, a Notary Public in anc. or te_State oof Washington, duly commissioned and sworn, personally appeared Avery Garrett and Helmie Nelson to me Known to e t c �Ma oran C t C erg respectively, of the CfTY OF RI-: t , the municipal corporations that executed the fore- going instrument and acknowledged the said instrument to 1,c the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they were authorized to execute the: said instrument and that the seal af- fixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day ana year in this certificate above written. Notary °ub c in an or t e State o Washington, residing at /t�'; ., STATE OF WASHINGTON ) ss. COUNTY OF RING ) } On this ' day of 19 before me the undersigned, a Notary Public n and the State of Washington, duly commissioned and sworn, per onally appeared C. CAREY OONWORTH and R. J. CAROL, to me known to be the Chairman of the Council and Acting Clerk of the Council, respectively, of the MUNICIPALITY OF METROPOLITAN SEATTLE. the municipal corporation that executed the foregoing instrument and acknowledged the sari instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they were authorised to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. __?n f i:A A'eI?n Notary Public in and for the State o Washington, residing at t WArc'R h1A/N 13 iy /ON 24 19 MAIM, y CONTn?OL EA9M r W PRFY/OUSL Y' 1�iva n W,4 r c Q MAIN t COt/STRUCrCO �' ' �FAC/L/r/E5 Z� rn sv .�ETRo aen s ` L4 WAreQ 0 1/Ib METE ', SCALE= / 400/ I F Pt sN� �� A No I �1 1 LU <'. i1a iryV i•w.t H ce :Y �A a pUNDAR% v r� E N T T. P. Jt Of I N.cA:.�CE.i FINEr!T i� ,w':4TER LM - SE=RVIGc. AREA C AV low METRE - RENTON WATER MAIN AGREEMENT y� THIS AGREEMENT, made by and between the CITY OF PENTON, Y WASHINGTON, a municipal corporation of Vie State of Washington, j hereinafter referred to as the "City," and tt_.. AUNIC1PALITY OF AETR0POLITXti SEATTLE, a .ietropOlitan ;eunicapal corporation Oj e* State of Washington, hereinafter referred to as "Metro W I T N E S S £ T H: WHEREAS, Metro owns tee following describec real property situated in King County, Washington: Parts of Government Lots 2, 5 and 6, the 4L 1/4 of the NW 1/4 and the SW 1/4 of tee NL 1/4 of Section 24, Town- ship 23 North, Range 4 E.W.N., King County, Washington, as more particularly describeu hereinbelow: Cum;aencing at the Northwest corner of Section 24, Township 23 North, Ranqe 4 E.W.M. , as established by King County Aerial Survey Coordinates (txisting Aonument) ; thence South 87. 26' 48" Last along the north line of Section 24, a distance of 2b92,5b feet , mor,• r less , to the North 1/4 corner of said Section, estaulishe, jy a survey and the ties the.eto, together wit', the King County Aerial Survey Coordinatee, filed with the King County Engineer; thence South 0. 55' 30" West along the north-scuth center line of said Section 24, the bearing Of which is based on the angle in the southwest quadrant at the 5orth 1/4 corner as determined from i;rng County Aerial Survey Subdivision of said Section 2, , a distance of 609.118 feet to the true point of beginning of this description: thence South 89. 04' 30" East 4.onq a line perpendicular to said north-south center line of Section 24, a distance of 470.00 feet, thence South 0" 55' 30" West along a line which is 470.00 feet easterly of dno parallel with said north-south center line of Section 24, a distance of 1402.37 feet, more or less, to the intersection thereof with the northerly line of the right of way of the Northern Pacific Railway Company: tnence southwesterly, westerly, and northwesterly, along said northerly line of right of way, to the intersection thereof with the northeasterly line of 72rd Avenue South; thence northwesterly, northeasterly and - northerly along the easterly line of said 72nd Avenue South to the intersection thereof with a line bearing North 89. 04' 30" Went from said true point of beginning; tnence • South 89. 04' 30" East along said last mentioned line, 104f.33 feet, more or less, to said true point of beginning 1' of this description; and WHEREAS, there are no facilities for public water distribution serving the said property; and VOW ,0mo WHEREAS, Metro and the City desire that public rater C facilities be constructed to serve said property, subject to a certain terms and conditions; and WHEREAS, the said property and the water mains necessary to serve the property are all within the corporate limits of the City; NOW, THEREPORE, in consideration of the mutual covenants hereinafter contained, IT IS HEREBY AGREED as follows; Section 1. Metro shall construct a water mein to serve the above-described property according to plans and specifications to be prepared by Metro and approved by the C_ and shall acquire all necessary rights of way therefor. Metro shall let the contract for such construction after the approval by the City of the plans and specifications and shall be responsible for completion of the work, including the connection of said water main to the existing public water service facilities of the City. All costs incurred in the acquisition and constructioa of tee water main facilities a shall be paid by Metro. The City shall inspect the facilities being constructed at such reasonable times ana in such manner as the City may deem necessary and shall bear the costs of sich inspection. Section 2. Promptly after the completion of ■aii facilities the City shall, if the facilities conform to the plans and specifications therefor, notify Metro in writing of the City's approval of such construction, and upon receiving notice of approval Metro shall convey to the City by deed or assignment in form satisfactory to counsel for the City at no coat to the City, except as set forth in Section 4 hereof, that portion of such water nain facilities from the connection thereof with the City Water System up to but not including the idetro water meter (same being hereinafter called "the Metro water main facilities ') . Upon such conveyance the City shall own, and shall be responsible for all mainteneoce, operation, replacrrent, repair or relocation of, the Metro water mai, facilities. (Z Section 3. Upon approval and acceptance of the Metro T1Y water main facilities, the City shall charge such rates for water �►'i] distributed therefrom as it may be authorized by law to establish, presided that for the purpose of applying such rates Metro shall not be classified separately or differently from all other water users > with water meters of equal size, it is agreed that Metro may install an 8" magnetic flow meter and same shall be considered to be equivalent to the standard 8" meter now used by the City. Section 1. NO person, firm or corporation shall be granted a permit or be authorized to tap into, hook onto or use said water main facility during the period of time deacribed in Section 8 of this agreement without first paying to the City, in addition to any and All other costs, assessments or tees made or assessed for such taps, hookup or use as prescribed by the Ordinances of the City of Renton, the amount regc-red by the provisions of this Agreement. All amounts received by the City shall be paid to Metro within the time specified in Section 6. Furthermore, - .ase any tap, hookup or connection is made into any such water main facility, without such payment laving first been made as herein set forth, :he City Council of the City of Renton may remove, or cause to be removed, such unauthorized tap, hookup or connection, ind all connecting tile or pipe located in the facility right-of-way, and dispose of unauthorized material so removed, without any liability whatsoever to any party. If any person, firm or corporation wishing to connect to Or tap into said water main facility is unable to pay, in cash, the apprnoriate amount described herein, then, with the written consent of Metro, i, [ailment payments may be permitted but the City shall not incur any 3 va4W ffa2 • • liability for the payment or enforcement of such installment contract except to romit the amount collected to Metro as herein provided. Furthermore, if the City, by reason of the provisions herein ccntaia d, is made a party to any litigation, then Metro Agrees to ineemr.ify the City from any and all expenses and costs incurred in the defense of any such action; it being expressly stipulated and agree.'. that the City's liability shall be limited solely to the collection of and remittance to Metro of the charges herein specified to be charyYa to any party wishing to connect to saic water main facility. The amount of the charge to be made for connection to said water main facilities shall consist of a frontage portion and sit acreage portion aeterminea as follows: A. Frontage. Those properties abutting directly or the Metro water main facilities shall pay a charge in dollars equal to the umsber of feet of such property fronting on such facilities multiplied by a rate per front foot ustarminec uy dividing one- half the total cost of the Metro water ;main facilities by 9,000, the latter figure being the total front feat abutting on the Metro water main facilities. U. Acreage. All properties located within the area described in exhibit A attached hereto and by reference ms�e a part hereof, including properties fronting on the Metro water main facilities and paying a frontage charge, shall nay a charge in dollars for each acre or fraction thereof equal to one-half the total cost of saiu facilities �iv. iau by 300, the latter figure being the total acreage bene.iteu by safe facilities. section 5. For the purpose of computing the charges described in Section 4, the total cost of the Metro water main facilities shall include all costs of construction and connection, right of way, plans and specifications, permits, administration and legal costs, and any other neces;,arc expenses incurre�i in the 4 4 construction of said facilitiea or their transfer 10 the City and such total cost shall be endorsed by the parties on Exhibit B hereof following completion of the work. Section 6. All amounts received by the City from connection charges determined as provided in Sections 4 and 5 snail be paid by the City to Metro within sixty (60) days after the receipt thereof. If any tap or connection shall be made into the Metro water main facilities without such charges having first been paid to the City, the city shall forthwith cause such unauthorized tap or connection and all connecting pipe located in the metro water mair. right of way to be removed unless such cnarges are immediately paid and shall deliver no city water to the property served by such unauthorised tap from any facilities conner d to the City water System directly or indirectly. Section 7, whenever the cost of "ny pait thereof of any additional water mains, whether local ur ,eneral, aie to be assessed against the owners of any real estate described in zxhibit A who have not paid charges as provided in Section 4, and such water mains will be connected into or will make use of the Metro water main facilities, there shall be. included in the City Engineer's estimate before the hearing on any such water main improvement, separately �- . temized as a part of the cost of the improvement and separately assessed, a sum equal to the c _e determined fror Sections and 5 hereof as the pro rata share due from such properties for the water main facilities constructed hereunder. Section B, This contract shall be in full force and effect for a period of fifteen (15) years from the date hereof unless sooner terminate ) by mutual agreement of the parties. Section 9. Neither of the paities hereto shall have the right to assign this agreement or any of -,.ts rights and obligations 5 ereunder nor to terminate its obligations hereunder by dissolution or otherwise without first securing the written consent of the other party, and tnis agreement shall be binding upon and inure to the benefit of the respective successors of the parties hereto. Section 10, Each party hereto agrees that it will execute any and all instruments, and documents ana enact any and all resolutions or ordinance, necessary to give effect to the terms of this agreement. Section 11. No waiver by either party of any term or condition of th.^ agreement shall be deemed or construed as a waiver of any c , term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent brea^h, whether of the sass or a different provision of this agreement. Section 12. In addition to the remedies provided by law, this contract shall be specifically enforceable by either party. Section 13. This agranwi,t merges and supersedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire contract between the City and Metro concerning the financing and construction of water main facilities, but nothing herein contained shall qualify or condition the rights and duties of the parties under that certain Agreement For sewage Disposal dated may 2, 1961. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the /-'A e/ day of 1 r_ , 1965. INQ i IITY OF RENTOR v is t By .Wy—cr -r Clerk MUNICIPALITY OF METROPOLITAN SEATTLE By Caairman of the Councll ATTEST; _"1LSrst�L�. c v ara yn u Ivan an -�-,-"'- e bull rk of the Counci, EXHIBIT A BOUNDARY DESCRIPTION OF PROPERTIES SERVED BY METRO WATER MAIN FACILITIES Portions of Sections 13 and 2:, ALL in Township 23 North, Range 4 East W.M. , King County, Washincton; said portions being more particularly described a, follows: Beginning at a Point in the SW 1/4 of said Section 24 where the easterly line of the joint right of way of the Northern Pacific Railway Company and the Great Northern Railroaa Company intersects the northerly line of Primary State Highway No. 1 R.E. ; thence northwesterly along laid easterly line to intersection with the easterly line of the Chicago, Milwaukee, St. Paul, and Pacific Railway Right of Way; thence northerly and easterly along said easterly line of the Chicago, Milwaukee, St. Paul and Pacific Railway Co, to point of intersection with the 16th line in the SE 1/4 of said Section 13; thencc southerly along said 16th line to intersection with the north line of the South 1/2 of the SE 1/4 of the SE 1/4 of said Section 13; thence easterly along said north line to intersection with the easterly line of 83rd Avenue South extended northerly; thence southerly along said northerly extension and easterly line of 83ra Avenue South to intersection with the north line of Primary State Highway No. 1 R.F.. ; thence westerly along sari northerly line to the point of beginning. EXHIBIT A m FW207 EXHIBIT H TOTAL COST OF METRO WATER MAIN FACILITIES $ _ 36,324.3• Approved this L +.A ddv of 1964� CITY OF RENTON By_ ATTEST: Y • MUNICIPALITY OF METROPOLITAN SEATTLE By Ca r• wor _. Chairman of the Cowicil . ape • • STATE OF WASHINGTON ) COUNTY OF RING ) sa. Y. 0^ this day of 1465, before no personally ap'pea DONALO� R and—RT1..4IE W. 4ELSON, to me known to be the Mayor and City Clerk, respectively, of the City of Renton, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and dead of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal # of said corporation. t - 12 WITNESS WHEREOF, I have hereunto set my hand and affixed a Official seal the day and year first above written. Y rToTaxy I an" for ran bt&rA� of Washington, residing at STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this /5 � day of ` 1965, before ? me personally appeared C. COMT I k' ;� YN SULLIVAN, to me known to be the Chairman of Ube Council and Clerk of the Council, respectively, of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorised to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set ray hand and affixed my official seal the day and year first above written. o y�ubTic Sri an�3Tor use-SEa}e of Washington, residing at Seattle FMe b, R«RaR,rw a /,.e v oy /� lam' "/ .M ..�1�1�. . ROMAY A mosols C."y AwYly • . _. '.ik . "r x �1� A ll�I1011 7N1 !p 6°n.;9 :,1� � � "���a, .t �82 A,.da � i�rr 144� .. Q3 ��/r � �� } �� � � Fr.s �---tea ,} �•,a ,., � rn 1 �� M1 •1 A a . ;4 E�+'cR 0 '.�t'A 7 F. R Li f � F J�a n. lsas aftra s Boat Coats, � HWAWa st the City oaooil ,$Pat of MM am Yator Corlttee 10' ftvPoftd Lto.==M t[+MaeaL rith ., Lim atre Oortle.►at the It to the ro**8=84'atloa of tlr Fir* sod wad, Coaoilttee that CSLy it aaw ^fw*"" 4P"mat a approved am apt to flyer eod Clerk be aethrlW to gig, era, Ij a lifilf IN . 4 shington 08119 #ltteatfon: Theodore M. Mallory ke: Matre-Renton hater Main Agroeoeat CAG 460.65 Mr, Mallory: artlosed to a awash for $66.36 for the Kite Lotto Marehewe Property which Its$ is the agresaest area of acreage. The property _y. was calculated out to he 1.41 acres. The following is a copy of the legal description of the proi4rtyt LMT0 MARMME •� Portion of the Southwest Quarter of the Nortnrest Quarter of Section 24, ToMmship 23 N, Range 4 E, M.M., lying west of a line RS4 feet west of the east line Of a6d1viston nerCharly of Primary S ate Highway #1 and southerly of a line running north 77e29112" east from point 343.27 fast north of Sevowest Cotner rf suhdivision, less Puget Sound Power 8 Lithe Company right-of-way. If you have any Questions plasse contact this *fries. very truly yov^s, Ronald L. Ole" eater P"Oneer RLO.■ Enc/Check ..,r�IiC ltQi • pCl?cn trt� � �..� . fl'tial'1�© 'J municipality of Patropot,tan esanna . r �5 til July14, 1972 AUSURN la,' ......R.K... F f L eEllEvut City of Renton ^`"'•""-<�' city Hall RENT 200 Mill Ave. S. '•'•••"^'•" Renton, Washington 98055 RIBR ANC "•"'••-""' Attention: Ms. Helmie W. Nelson, City Clerk `w•••0••^''" Gentlemen: "'"••6"'•^ On 'me 20th the Metro Council approved the sale of SEA Tnr water main facilities to the City of Renton. Enclosed is an executed copy of this bill of sale. Also enclosed ,....s.rw.. s....a.ca.x.. is a ca rtified copy of Resolution No. 1569 of the aa«e• „" Metropolitan. Counci_ authorisina this action. Yv...axWMN Sincerely, ,x.,R Pam'. N•.•y WNax.. �y f� C'MTR CrifFi B. • Carol R.,asa s.r..a Actino_ Clerk of the Council RING COUNtr BJC:ih S,.a•rM ar«.• w•N M,/N �...a.a... Enclosures: 2 tMY,.Ow„ Mn•aar M Mu, Ae„xa Snr UW AREAS RE NC(KP( S AR[nS ,. MNa• a w-.,h•a.aw 'Je..i RO.wx w..a 6.Xwp•w. A 0.0 Wa•,a•ew SEA fR M !CCT9 a.,ma.twn • •w tFn rq ECanoV Wr, 410 West He"Peen Street Seattle. Wash .aton 9R119 • ATw at*r 4-5100 BILL OP GALE KNOW ALL MEN By THESE PTSSE%'S: That the Municipality of Metropolitar. Seattle, a municipal corporation of the State of Washington, hereinafter called the "Municipality", for and in consideration of the sum of One and No/100 Dollars ($1.90) and other valuable consideration concerning services and assessments to it in hand paid and extended by the City of Renton, a municipal corooration of the State of washinnton, herein- w � after celled the "City", all as specified by the April 6, 1972 agree-ment between the Municipality and the Citv, the receipt and acceptance N o„ whereof is hereby acknowledned, does by these presents convey, qrant, u bargain, sell and deliver unto the City of Renton, 2,124 feet of t\ 12-inch C.I. Wa.er Main, three 12-inch valves, one 6-inch service tee, three 12-inch service tees, and one hydrant assembly, now located and installed within the following described nroperty in the City of Renton, County of King, State of Washington, to wit: A strip of land 15 feet in width in the Northwest Quarter and the Northeast Quarter of Section 24, Township 23 North, Panne 4 East, W,M. City of Renton, County of King, State of Washington; lying 10 feet southerly and 5 feet northerly of the following described center line: 1. Beginning at a point on the easterly line of the Charles E. Monster Road, also known as the Steel Hill Road, dis- tant 107.098 feet southerly alona said easterly line from the intersection thereof with the north line of said Sec- tion 24, said point hereinafter referred to as "Point A"; thence South 89"04'03" East 482.518 feet; thence south- easterly on a curve concave to the northeast with a radius of 422.460 feet through a central angle of 36057'44" an arc distance of 272.857 feet to a point of tangen:y; thenc3 South 89004'30" East 807.132 feet pore or less to inter- section with the existing 12-inch water line and the point of terminus of this center line description. 2. ALSO, in Charles E. Monster Road alena a line generally described as follews: Beainnino at nrev wusly described Point A: thence South B9004'3V Edst :r a point 10 feet easterly of the centerline of said road as measured radially from sai,'. center list- thence atherIv a,:d parallel and concentric with the cente- 'line of said ro a a distance of 537 feet, more or less; t`.cice easterly a_ right anales a distance of 12.5 feet to ;ntersection with the exi,tinq 10-inch water line orevi.ously built to surnly Ovate: to the Municipality's Renton Treatment Plant site. TO HAVF. AND TU HOLD the same to the Ci-y of Renton, its successors and assigns forever. The Municipality for itself and its successors further covenants and agrees to and with the City, its successors P. e and assigns that the Municipality is the owner of the said property, goods and < aactal.s .and nas cood richt and author tv to sell the same K and that it will warrant and defend the sale herety nade unto the City, D n its successors and assigns aaains - all and every person or persons whomscevec lawfully claiming cr to claim the same. IN WITNESS WHEREOF, the municipality has caused its corporate name and seal to be hereto affixed by its officers thereto lawfully authorized on the _ec.1 day of � � 19 2z MUNICIPALITY OF MEIROPOLITAY SEATTLE c. Carev Donwort —�-z7 Ch.iirmrn oP the Council ATTEST: ,. r c}�inq er of the lounc STATE OF WASHINGTON) Ss. COUNTY OF KING ) On this day of , 1972, before me personally aoneared C. CAR O. � _ -kn J AROL, to me kr.o%n to be the Chairman of the Council and Action Cieik of the Council, respectively, of the Municipality of Metrocol+.tan Seattle, a municipal cornoration, and acknowledoed the within and forecoino instrument to be the free .:nd voluntary act and deed of said cor- k portatio:,, for the uses and purposes therein mentioned, and on oath stated that they were authorized co execute said instrument and that the soal affixed is the corporate seal of sai,'. corporation. IN WITNESS WHEREOF, I have hereunto act my hand d affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the—State of Washinqton, residina at Seattle. • HESOLUTION NO. 1669 • A RESOLUTION of the Council of the Municipality of Metropolitan Seattle authorizing the conveyance of water main facilities to the City rf Renton. WHEREAS, pursuant to an agreement between the Municipality of Metropolitan Seettle and the City of R,,.,ton, date ' April 6, 1972, the Municipality has constructed a water main extension from existing water service fact IIti >s of the City of Renton to provide domestic a'. water for the Renton Triatment Plant; and WHEREAS, said agreement provides that the Municipality shall convey to the City the municipal water main fact l l ties constructed b, Metro, not Including the Metro water motor, In considoration for continued water service and for the relief from, and disbursement of certain assessments and fees; NOW, THEREFORE, BE IT RESOLVED by the Council .f the Municipality of Metropolitan Seattle that the Chairman and Acting Clark of the Council be and they are hereby authorized to execute on behalf Of the Municipality "he Bill of Sale attached hereto and marked Exhib r A and by this reference made a part hereof . ADOPTED by the Council of the Municipality of Metropolitan Seattle at a special meeting th,,, sof held on the 20th day of June, 1972. ��L t. W"4 - Cr-C afar-Be"worth Acting Chairman of the Council Kenneth A. Cole ATTEST: B. J . Carol A,tinq Clark of the Council n+ 1, R. J. CAROL, duly selected, qualified and Acting A ' Clerk of the Council of the Municipality of Metropolitan Seattle, DO HERESY C%RT:.FY that the foregoing resolutio is a true and correct copy of Resolution No. of said Council duly adopted at a special meeting thereof held on tho ,, C day of -Q 1972, signed by the Chairman of such Cou cil in attendance at such meeting and attested by myself in authentication of such adoption. , 15. s. .J. Carol Acting Clerk of the Council ENDING OF FILE FILE TI7U 50