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HomeMy WebLinkAboutUtility Franchise ` ) .� .�.+► b tu \J" U EXHIBIT "B'.' '87 Cl F ` UTILITY FRANCHISE f . � - THIS UTILITY FRANCHISE is given this ,=?..,ndday of , 1987, by the City of Renton, Ring County, Washington, a municipal corporation ( "Renton" or "Grantor" ) 14to Ring County Water District No. 107, a municipal corporation ( "District" or "Grantee") . V1 SECTION 1: RECITALS � 1 . 01. The District has applied to Renton for a sewer CQutility franchise to install, construct, maintain and O operate sewer lines, including mains, lateral , appurtenances and side sewers along, under and across such city roads, streets , avenues, boulevards , alleys and public places V4 hereinafter called "rights-of-way" , within the District' s service area. j� 1. 02. The Renton City Council ( "Council" ) has reviewed and considered such application for sewer utility franchise. WHEREFORE, in consideration of the terms and conditions herein, Renton hereby grants to the District a sewer utility franchise as follows: SECTION 2: SEWER UTILITY FRANCHISE 2. 01. Renton, pursuant to Resolution No. , oW9:9- duly and regularly enacted by its Council on the d�,..d day of 1987, hereby grants to the district and to its successors and assigns, for the term of twenty-five (25) years from the date hereof, the right, privilege, authority and franchise for itself, its successors and assigns, to install, construct, maintain and operate sewer lines, including mains, laterals , appurtenances, and side sewers along, under and across such City rights-of-way, together with all necessary equipment of every sort necessary, subject to all the terms and conditions herein. 2. 02. This Utility franchise shall apply to those portions of the District' s sewer lines and appurtenances within the City of Renton' s present rights-of-way as referenced in paragraph 1.01 above. CITY3: 50/10/28/87 8 x"11.-1. *L-J 7229 A RE C-,", F 11'_,7:1.00 r trl-{1i Wit_ .13. 00 11 1 rr° ver SECTION 3: GENERAL TERMS AND CONDITIONS APPLICABLE TO THE UTILITY FRANCHISE. 3. 02 Defi ni ti ons : (a) Right-of-Way. The term "right-of-way" shall be understood to include any and every Renton City road , street , avenue , alley or other public place designated or specified in this franchise in, upon, under, over, across and along which rights are , or are intended to be vested in the Grantee , its successors and assigns , under and by virtue of this franchise. (b) Director. The term "director" shall be the City of Renton Director of Public Works . (c) Utility. The term "utility" shall be understood to mean, as the context may require , either the 01 Grantee herein, or any other person, firm or corporation, either public or private , which may hold a franchise to 0 maintain and operate similar facilities in, upon, under , over, across and along any of the public rights-of-way, or portions thereof , within the area specified. (d) Other Governing Body. The term "other governing body" shall be understood to mean such public official or other public board or body as may have power and jurisdiction over the rights-of-way and be legally vested with jurisdiction and authority to permit or regulate the installation, maintenance of lines and other facilities , in, upon, under , over , across and along the rights-of-way within the specified area. 3. 02 Acceptance by Grantee of Terms and Conditions . Grantee shall be deemed to have abandoned and forfeited all the rights , privileges and authority hereby granted , unless within thirty (30) days from the date hereof Grantee shall file with the Council its written acceptance of this franchise , subject to all of the terms , conditions , stipulations and other obligations herein contained and enclosed , and in case the Grantee shall fail to do so within the time aforesaid , this franchise shall be null and void and of no effect . 3. 03 Exclusive Franchise Unconstitutional . This franchise shall not be deemed or held to be an exclusive franchise , and shall not in any manner prohibit the Council from granting other and further franchises of any kind or character that it may deem proper, in, upon, under , over, across and along any right-of-way within the area described herein, and this franchise shall in no way prohibit or prevent -2- wO. wrrr` the public from using any such rights-of-way or affect the jurisdiction of Renton over such rights-of-way or any part thereof , or its power to make all necessary improvements , repairs or changes therein. 3. 04 Jurisdiction. This document shall not be construed by Grantee , or any other person, persons or corporations , as a warrant of title or interest in City roads or rights-of-way but is intended to convey such rights-of-way and interests only as to those roads and rights-of-way in which the City has an actual interest. 3. 05 Regulation of Use and Control . The City granting this franchise does not waive any rights which it now has or may hereafter acquire with respect to City roads , rights-of-way or other City property and this franchise shall not be construed to deprive the City of any powers , rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the City roads , rights-of-way and any other City property covered by this franchise. 3. 06 Vacation. If at any time the City shall vacate any City road , rights-of-way or other City property which is subject to rights granted by this franchise , the City shall riot be liable for any damages or loss to the Grantee by reason of such vacation. 3. 07 Responsibility for Damages . The Grantee agrees GD for itself , its successors and assigns , to indemnify and hold the City harmless , its appointed and elected officials and employees from and against all loss or expense , including attorney' s fees and costs arising out of any negligent act , error or omission by the District , its agents or employees related to this Franchise. 3. 08 Requirement of Construction Permits . The said Grantee , its successors or assigns , shall have the right and authority to enter upon the City roads and rights-of-way described herein for the purpose of constructing , extending , repairing or replacing , servicing and/or operating and maintaining its lines and facilities and connecting the same with consumer service lines , upon the condition that prior to such work within the City roads or rights-of-way, the Grantee shall first obtain the necessary permits approved by the Director of Public Works. Applications for said permits shall first be presented to the Department of Public Works which may require copies of plans , blueprints , cross-sections or such further detail of the -3- work to be done as is , or may be required by ordinance in other instances . Such work, whether done by the Grantee , its contractors or third parties connecting to the Grantee ' s lines or facilities , shall include necessary paving , patching , grading and any other reasonable and necessary repair or restoration to the pre-existing City roads , rights-of-way and shall be to the satisfaction of the director. All permits shall be applied for and given in the name of the Grantee who shall be held responsible for all work done thereunder, whether the work done thereunder is by the forces of the Grantee, its contractors or by third parties connecting to the lines or facilities of Grantee. Before any work is performed under the permit , the Grantee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivision, plats , right-of-way and all other surveys within the permitted area. The reference points shall be so located that they will not be disturbed during the Grantee ' s operation under the permit . The method of referencing these monuments or other points to be referenced shall be approved by the director O before placement . The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the director. The cost of monuments or other markers lost , destroyed or disturbed and the expense of replacement by approved monuments shall be borne by the Grantee. Grantor shall be named as an additional obligee on performance bonds required by the District for any work within the franchise area herein. 3. 09 Providing "As-Built" Drawings . The developer/ contractor shall maintain on the job-site project plans marked to indicate City-approved plan revisions made in the field and other details of construction. The drawings shall be made available upon completion of the project to the District for use and preparation of "as-built" records . The developer shall be responsible for the cost of any required "as-built" drawings . A copy of these "as-built" drawings shall be provided to the City. 3. 10 Restoration of Right-of-Way. The Grantee shall be responsible for and leave all City roads and rights-of-way in good condition, after work on, under or adjacent to the City roads or rights-of-way as the same were before such work. In the event that the Grantee , its contractors or third parties connecting to Grantee ' s lines or facilities under work permit , -4- shall fail to restore the City roads or rights-of-way to the condition that pre-existed such work to the satisfaction of the director , the City reserves the right to make such repairs or restoration to such roads or rights-of-way, and upon presentation of an itemized bill for such repairs or restoration, including the cost of labor and equi mens , the Grantee shall pay the said bill within thirty (30� days . In the event that suit is brought upon failure to pay the bill within thirty (30) days , and upon judgment being entered in favor of the City, Grantee shall further pay all the actual costs , disbursements and attorney' s fees incurred thereby. 3. 11A Removal or Relocation of Facilities Installed b Grantee. Upon the relocation or change of grade by the public authorities of any right-of-way described herein, any lines or facilities , erected upon or within any portion of such right-of-way, shall , if necessary, be removed by the Grantee at its own expense so that it shall not interfere with the work of relocation or change of grade and shall be reset in accordance with the provisions above set forth so that the location and elevation of such line or facility shall conform to the new grade and location of the right-of-way. Grantee shall Q likewise , at its own expense , upon demand of the director, relocate any line or facility which shall interfere with a reasonably located driveway giving access to abutting property. The City shall in no event be held liable for any damages to said Grantee that may occur by reason of the City' s improvements , repairs or maintenance or by the exercise of any rights are reserved in this section. 3. 11B Competing Service Areas . In the event that the parties have existing sewer lines parallel to one another and subject to Chapter 35. 13A, et seq. and further subject to any assertion of jurisdiction by the Boundary Review Board and any subsequent decision of the Boundary Review Board , the parties agree that should the Water District need to replace a sewer line or perform such substantial repairs to the sewer line that the cost of repairs is equivalent to the value of the sewer line , then the City of Renton shall have the right to provide service to the customers in the City limits in that service area. 3. 11C Installation Codes . Grantee agrees that any new sewer line installation or replacement done pursuant to this agreement shall meet all requirements as set out in the current or subsequently adopted : -5- wrrr King County Water District No. 107 - Metro Service Agreement and Specifications ; King County Water District No. 107 Design and Technical Specifications : Parts II and III : Technical Specifications - Sewer Extension ; Part IV: Technical Specifications - Standard Sewer Details ; Standard Specifications for Municipal Public Works Construction of the American Public Works Association; "Criteria for Sewage Works Design," State of Washington Department of Ecology - Revised Oct . 1985 ; © Washington Administrative Code Section 173-240 , "Submission of Plans and Reports for Construction of Wastewater Facilities" (DOE) ; All other applicable state and federal regulations and statutes regarding sewage works , design and hazardous waste disposal . 3 . 12 Blasting Requirements . The laying , construction, maintenance and operation of the Grantee ' s system of lines and facilities granted under this franchise shall not preclude the City, its accredited agent , or its contractors from blasting , grading or doing other necessary roadwork contiguous to the Grantee ' s lines and facilities , provided that the Grantee shall have seventy-two (72) hours notice of said blasting or excavating in order that Grantee may protect its lines , facilities and property. 3. 13 Assignment of Rights to Third Party. The Grantee shall have the right to assign its franchise provided , however, no such assignment shall be of any force or effect unless written notice of such assignment shall be filed with the Clerk of the Council within thirty (30) days thereafter, together with an acceptance by the assignee in writing of all the terms , covenants and conditions of this franchise and an agreement of such assignee to perform and be bound by all the terms and conditions of this franchise . All the provisions , conditions , regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee , and all privileges , as -6- tow well as all obligations and liabilities of the Grantee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Grantee is mentioned. 3. 14 Expiration and Renewal . All rights granted by this franchise to City roads and rights-of-way shall apply to all existing City roads and rights-of-way whether improved or unimproved , and shall further include City roads and rights-of-way acquired by the City after the date of execution of this document . If , upon expiration of this franchise , Grantee shall not have applied for renewal of same, the City shall have the right to remove such lines or facilities of the Grantee as are reasonably necessary for the safe condition of the roads or rights-of-way or facilities of other franchise holders and such are reasonably necessary to remove for the construction, renewing , altering or improving of such roads or rights-of-way, and such as are reasonably necessary to remove for the installation of lines and/or facilities of other franchise holders. Grantee shall be liable for the costs incurred in 0 such removal including the cost of labor and equipment ; provided that such removal is affected with two (Z) years from the expiration date hereof. 3 . 15 Right to Amend . The City reserves for itself the right at any time upon ninety (90) days written notice to the (� Grantee, to so change , amend , modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or regulation relating to the public welfare , health, safety or right-of-way regulation as may hereafter be enacted , adopted or promulgated and this franchise may be terminated at any time if the Grantee ' s lines and facilities are not operated or maintained in accordance with such statutes or regulations. 3. 16 Environmental Compliance. Grantee must conform to the Washington State Environmental Policy Act and any amendments thereto. 3. 17 No Discrimination in Employment . In connection with the performance of any work by the District or its agents addressed herein, the District and its agents shall comply with all federal , state and local codes, statutes and ordinances prohibiting discrimination. 3. 18 Penalty for Violation of Conditions . If the Grantee shall violate or fail to comply with any o the terms , conditions or responsibilities of this franchise through neglect or failure to heed or comply with any notice given the -7- f Grantee under the provisions of this franchise, the Council may revoke, amend, alter, change or supplement this franchise provided, however, that the Council shall give thirty (30 ) days written notice of its intention to do so, during which, period the Grantee shall have the opportunity to remedy the failure to comply. 3 .19 Franchise Fee. The Grantee shall annually pay to the City a franchise .fee of five cents ($. 05 ) per lineal foot of transmission sewer lines owned by the Grantee, lying within City rights of way as described in paragraph 2. 02 herein. City and Grantee agree that Grantee owns transmission and service lines and is responsible for maintenance thereof. 3. 20 Severance. This agreement shall be construed to give effect to such purposes and uses under this franchise which are consistent with economical and efficient service rendered in the public interest. If any provision of this franchise, or its application is determined to be invalid by court of law, then the remaining provisions of the franchise Q� shall continue and be valid unless the dominant purpose of the franchise or the public interest herein is thwarted thereby. 3 . 21 Recording. This agreement shall be recorded with the King County Office of Records and Elections immediately upon its execution by the parties herein. SECTION 4: RESERVATION OF RIGHTS; RENTON UTILITY TAX 4 . 01 The City and the District acknowledge disagreement over the City' s right to impose water utility taxes on the District' s gross revenues derived from parties receiving service from the District located within Renton's corporate boundaries. The parties acknowledge the District' s refusal to collect and transmit such utility tax to the City. Therefore, the City hereby expressly reserves all rights to make claim against the District for the payment of such utility taxes. SECTION 5: RESERVATION OF RIGHTS ; COMPREHENSIVE PLAN APPROVAL 5. 01 The parties herein reserve all rights provided under applicable Washington law to approve, conditionally approve, or reject the general Comprehensive Plan as submitted by the other party. CITY OF RENTON ( "Renton" ) KING COUNTY WATER DI T NO. 107 ( "Di "t" ) By Its Mayor Its ATTEST: �. � 8 City Clerk The undersigned hereby accepts all the rights and privileges of the above granted franchise subject to all the terms, conditions, stipulations and obligations contained herein. KING COUNTY WATER DIST T NO 107 ( "Dist 1 ) By Its Dated this qday of November, 1987. CITY3: 51/10/30/87 C1� O 9 *Moe *AOf CITY OF RENTON, WASHINGTON RESOLUTION NO. 2692 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING UTILITY FRANCHISES WHEREAS Water District No. 107 currently owns water mains and sewer lines within the City of Renton rights-of-way, and WHEREAS Water District No. 107 has applied to the City of Renton for a water franchise and a. sewer franchise to install , construct, maintain, and operate water mains and sewer lines in the City rights-of-way, and WHEREAS the City Council has reviewed the .franchise agreements negotiated between City Staff and Water District No. 107 and finds them to be in acceptable form, now therefore, THE CITY COUNCIL OF THE CITY OF RENTON, DO RESOLVE AS FOLLOWS : SECTION I : The findings, recitals and determinations are hereby found to be true and correct in all respects. SECTION II: The Utility Franchises for Water District No. 107 as they relate to water mains, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference, and sewer lines, a copy of which is attached hereto as Exhibit "B" and incorporated by this reference, are hereby approved and adopted , subject to the laws and ordinances of the City of f t RESOLUTION NO. 2692 Renton, and the Mayor and City Clerk are hereby authorized to sign the franchise agreements . PASSED 4Y THE CITY OF RENTON this 2nd day of November, 1987. Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 2nd day of November , 1987. Barbara Y. ShiShi p, Mayor Approved as to form: 90.4nAvQ Lawrence J. Warr(t/ City Attorney CITY3 : 46/10/27/87/nd � CITY'OF RENTON Lawrence J. Warren, City Attorney WAL 9R Daniel Kellogg - David M. Dean-Mark E. Barber - Zanetta L. Fontes -Theodore R. Parry Assistant City Attorneys December 18, 1987 Mr. John Milne Inslee, Best, Doezie & Ryder , P.S . Suite 900, ONB Plaza 10800 N. E. Eighth P.O. Box C-90016 Bellevue, Washington 98009-90916 Re: Ring County Water District No. 107 - Renton Utility Franchise Dear John: I am in receipt of your letter of December 16, 1987. I will respond to your four concerns in the order in which they appear . 1. You indicated to me on the telephone that you believe that the paragraph 3.07 of the Sewer or Water Franchise, respectively, would indemnify the City from any possible claim which may arise as a result of the City issuing you a permit prior to your obtaining any necessary easements. If my understanding of that representation is incorrect, please let me know. With that assurance from the District, then it is clear to me that we will not require easements as a condition precedent to issuing permits for the sewer lines. 2. I have verified that we require mylar copies of plans for all project designs, even when the City is not intending to take ownership of the subject line. 3. I stand on the language of paragraph 3. 11 (d) . I have reiterated that language with staff. 4. The City is not requesting an intertie. However, the issue of an intertie was raised only as a matter of indicating that it 'might be a good idea and inquiring whether the District may be amenable to an intertie. Regarding your request for immediate issuance of the sewer project permit, it is my understanding that the plans were received on December 16, 1987. The normal turn around time for plans to permit is a couple of weeks. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 Ar. John Milne `December 18, 1987 Page 2 I hope I have answered all of your concerns. I will be on vacation from December 22, 1987 until January 4, 1988. Please let me know if I can answer any further questions. Very truly yours, ate . Za tta L. Fontes ZLF:nd cc: Barbara Shinpoch, Mayor Earl Clymer, Mayor-Elect Dick Houghton N8.16:34 r CITY OF RENTON FINANCE DEPARTMENT Barbara Y. Shinpoch, Mayor Maxine E. Motor, City Clerk V November 24, 198'7 Mr. Thomas Peadon, Manager King County Water District No . 107 741E 129th Avenue_ S. E. Renton, Washington 98056 Subject : Resolution No. 2692 and Utility Franchise Recordings Dear Mr . Peadon: Enclosed is a certified copy of the referenced resolution and utility franchises , filed with King County Records and Elections under the receiving number shown on the documents . If we can be of further assistance in this matter , please feel free to call . Yours truly, CITY OF RENTON Maxine E. Motor, CMC City Clerk 200 Mill Avenue South - Renton, Washington 98055 - (206) 235-2501 CY".- �ri1�1O #0728 A RE CC, F 1 .0G 110VI'I " ,` i g IBIT ..A.. CASHSL + + +12.00 11 { UTILITY FRANCHISE THIS UTILITY FRANCHISE is given this a�/Xwday of nj 1987, by the City of Renton, King County, Washington, a municipal corporation ("Renton" or "Grantor" ) to King County Water District No. 107, a municipal corporation ( "District" or "Grantee") . w� SECTION 1: RECITALS -"4 1 . 01. The District has applied to Renton for a water ` f utility franchise to install, construct, maintain and QU operate water lines, including mains, lateral, appurtenances a and service pipe along, under and across such city roads, .� streets , avenues, boulevards , alleys and public places 0 hereinafter called "rights-of-way" , within the District' s service area. 1. 02. The Renton City Council ( "Council" ) has reviewed and considered such application for water utility franchise. WHEREFORE, in consideration of the terms and conditions herein, Renton hereby grants to the District a water utility franchise as follows: SECTION 2: WATER UTILITY FRANCHISE 2.01. Renton, pursuant to Resolution No. , =26,9.Z duly and regularly enacted by its Council on the qday of 1987, hereby grants to the district and to its uccessors and assigns, for the term of twenty-five (25 ) years from the date hereof, the right, privilege, authority and franchise for itself, its successors and assigns , to install, construct, maintain and operate water mains, laterals and service lines along , under and across such City rights-of-way, together with all necessary equipment of every sort necessary, subject to all the terms and conditions herein. 2. 02. This Utility franchise shall apply to those portions of the District' s water lines and appurtenances within the City of Renton' s present rights-of-way as referenced in paragraph 1. 01 above. SECTION 3: GENERAL TERMS AND CONDITIONS APPLICABLE TO THE UTILITY FRANCHISE 3. 02. Definitions: (a) . Right-of-way. The term "right-of-way" shall be understood to include any and every Renton City road , 1 street, avenue, alley or other public place designated or specified in this franchise in, upon, under, over, across and along which rights are, or are intended to be vested in the Grantee, its successors and assigns, under and by virtue of this franchise. (b) . Director. The term "director" shall be the City of Renton Director of Public works. (c) . Utility. The term "utility" shall be understood to mean, as the context may require, either the Grantee herein, or any other person, firm or corporation, either public or private, which may hold a franchise to maintain and operate similar facilities in, upon, under, over, across and along any of the public rights-of way, or portions thereof, within the area specified. (d) . Other Governing Body. The term "other governing body" shall be understood to mean such public official or other public board or body as may have power and jurisdiction over the rights-of-way and be legally vested with jurisdiction and authority to permit or regulate the installation, maintenance of lines and other facilities, in, upon, under, over, across and along the rights-of-way within the specified area. 3 . 02. Acceptance by Grantee of Terms and conditions. Grantee shall be deemed to have abandoned and forfeited all the rights, privileges and authority hereby granted, unless within thirty (30 ) days from the date hereof Grantee shall file with the Council its written acceptance of this franchise, subject to all of the terms, conditions, stipulations and other obligations herein contained and enclosed, and in case the Grantee shall fail to do so within the time aforesaid, this franchise shall be null and void and of no effect. 3 . 03. Exclusive Franchise Unconstitutional. This franchise shall not be deemed or held to be an exclusive franchise, and shall not in any manner prohibit the Council from granting other and further franchises of any kind or character that it may deem proper, in, upon, under, over, across and along any right-of-way within the area described herein, and this franchise shall in no way prohibit or prevent the public from using any such rights-of-way or affect the jurisdiction of Renton over such rights-of-way or any part thereof, or its power to make all necessary improvements, repairs or changes therein. 3 . 04. Jurisdiction. this document shall not be construed by Grantee, or any other person, persons or corporations, as a warrant of title or interest in City roads or rights-of-way but is intended to convey such 2 rights-of-way and interests only as to those roads and rights-of-way in which the City has an actual interest. 3.05. Regulation of Use and Control. The City granting this franchise does not waive any rights which it now has or may hereafter acquire with respect to City roads, rights-of-way or other City property and this franchise shall not be construed to deprive the City of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the City roads, rights-of-way and any other City property covered by this franchise. 3. 06. Vacation. If at any time the City shall vacate any City road, rights-of-way or other City property which is subject to rights granted by this franchise, the City shall not be liable for any damages or loss to the Grantee by reason of such vacation. 3. 07. Responsibility for Damages. The Grantee agrees for itself, its successors and assigns, to indemnify and hold the City harmless, its appointed and elected officials and employees from and against all loss or expense, rl including attorney' s fees and costs arising out of any negligent act, error or omission by the District, its agents or employees related to this Franchise. 3. 08. Requirement of Construction Permits. The said Grantee, its successors or assigns, shall have the right and authority to enter upon the City roads and rights-of-way described herein for the purpose of constructing, extending, repairing or replacing, servicing and/or operating and maintaining its lines and facilities and connecting the same with consumer service lines, upon the condition that prior to such work within the City roads or rights-of-way, the Grantee shall first obtain the necessary permits approved by the Director of Public Works. Applications for said permits shall first be presented to the Department of Public Works which may require copies of plans, blueprints, cross-sections or such further detail of the work to be done as is, or may be required by ordinance in other instances. Such work, whether done by the Grantee, its contractors or third parties connecting to the Grantee' s lines or facilities, shall include necessary paving, patching, grading and any other reasonable and necessary repair or restoration to the pre-existing City roads , rights-of-way and shall be to the satisfaction of the director. All permits shall be applied for and given in the name of the Grantee who shall be held responsible for all work done thereunder , whether the work done thereunder is by the 3 forces of the Grantee, its contractors or by third parties connecting to the lines or facilities of Grantee. Before any work is performed under the permit, the Grantee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivision, plats, right-of-way and all other surveys within the permitted area. The reference points shall be so located that they will not be disturbed during the Grantee' s operation under the permit. The method of referencing these monuments or other points to be referenced shall be approved by the director before placement. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the director. The cost of monuments or other markers lost, destroyed or disturbed and the expense of replacement by approved monuments shall be borne by the Grantee. 0 Grantor shall be named as an additional obligee on performance bonds required by the District for any work within the franchise area herein. 3. 09 Providing "As Built" Drawings The developer/contractor shall maintain on the jobsite project plans marked to indicate City-approved plan revisions made in the field and other details of construction. The drawings shall be made available upon completion of the project to the District for use in preparation of "as built" records. The developer shall be responsible for the cost of any required "as built" drawings. A copy of these "as built" drawings shall be provided to the City. 3. 10. Restoration of Right-of-Way. The Grantee shall be responsible for and leave all City roads and rights-of- way in good condition , after work on, under or adjacent to the City roads or rights-of-way as the same were before such work. In the event that the Grantee, its contractors or third parties connecting to Grantee' s lines or facilities under work permit, shall fail to restore the City roads or rights-of-way to the condition that pre-existed such work to the satisfaction of the director, the City reserves the right to make such repairs or restoration to such roads or rights-of-way, and upon presentation of an itemized bill for such repairs or restoration, including the cost of labor and equipment, the Grantee shall pay the said bill within thirty (30) days. In the event that suit is brought upon failure to pay the bill within thirty (30) days, and upon judgment being entered in favor of the City , Grantee shall further pay all the actual costs, disbursements and attorney' s fees incurred thereby. 3. 11 A. Removal or Relocation of Facilities Installed by Grantee. Upon the relocation or change of grade by the 4 public authorities of any right-of-way described herein, any lines or facilities, erected upon or within any portion of such right-of-way, shall, if necessary, be removed by the Grantee at its own expense so that it shall not interfere with the work of relocation or change of grade and shall be reset in accordance with the provisions above set forth so that the location and elevation of such line or facility shall conform to the new grade and location of the right-of- way. Grantee shall likewise, at its own expense, upon demand of the director, relocate any line or facility which shall interfere with a reasonably located driveway giving access to abutting property. The City shall in no event be held liable for any damages to said Grantee that may occur by reason of the City' s improvements, repairs or maintenance or by the exercise of any rights are reserved in this section. 3 . 11 B. Competing Service Areas. The parties acknowledge that they have existing water lines parallel to one another. Subject to Chapter 35.13A, et seq and further O subject to any assertion of jursidiction by the Boundary �r Review Board and any subsequent decision of the Boundary Review Board, the parties agree that should the Water District need to replace a water line or perform such substantial repairs to the water line that the cost of repairs is equivalent to the value of the water line, then GO the City of Renton shall have the right to provide service to the customers in the City limits in that service area. 3. 11 C. Installation Codes: Grantee agrees that any new water line installation or replacement done pursuant to this agreement shall meet all fire flow and hydrant requirements as set out in the current or subsequently adopted : Uniform Fire Code; City Ordinance (current Ordinance is 4007 ) ; Insurance Service Office Standards (current edition 1974) ; National Fire Protection Association, National Fire Codes; King County Water District No. 107 Design and Technical Specifications; Parts II and III : Technical Specifications - Water Extension; Part IV - Technical specifications - Water Details; Standard Specifications for Municipal Public Works Construction of the American Public works Association; 5 Standard specifications for Municipal Public Works Construction of the American Water Works Association; Standard Specifications for Municipal Public Works Construction of the ASTM; Washington Administrative Code section 248-54, "Public Water Supplies" (DSHS) ; All other applicable county , state and federal regulations and statutes regarding water works specifications and design. All fire hydrants shall be installed by grantee in compliance with the City of Renton Department of Public Works Construction Standards. 3 . 12. Blasting Requirements. The laying, construction, maintenance and operation of the Grantee' s Q system of lines and facilities granted under this franchise shall not preclude the City, its accredited agents, or its contractors from blasting, grading or doing other necessary roadwork contiguous to the Grantee' s lines and facilities, provided that the Grantee shall have seventy-two (72) hours notice of said blasting or excavating in order that Grantee may protect its lines, facilities and property. 3. 13. Assignment of Rights to Third Party . The Grantee shall have the right to assign its franchise provided, however, no such assignment shall be of any force or effect unless written notice of such assignment shall be filed with the Clerk of the Council within thirty (30 ) days thereafter, together with an acceptance by the assignee in writing of all the terms, covenants and conditions of this franchise and an agreement of such assignee to perform and be bound by all the terms and conditions of this franchise. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee, and all privileges, as well as all obligations and liabilities of the Grantee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Grantee is mentioned. 3. 14. Expiration and Renewal. All rights granted by this franchise to City roads and rights-of-way shall apply to all existing City roads and rights-of-way whether improved or unimproved, and shall further include City roads and rights-of-way acquired by the City after the date of execution of this document. 6 If , upon expiration of this franchise, Grantee shall not have applied for renewal of same, the City shall have the right to remove such lines or facilities of the Grantee as are reasonably necessary for the safe condition of the roads or rights-of-way or facilities of other franchise holders and such are reasonably necessary to remove for the construction, renewing, altering or improving of such roads or rights-of-way, and such as are reasonably necessary to remove for the installation of lines and/or facilities of other franchise holders. Grantee shall be liable for the costs incurred in such removal including the cost of labor and equipment; provided that such removal is affected with two (2) years from the expiration date hereof. 3.15. Right to Amend. The City reserves for itself the right at any time upon ninety (90 ) days written notice to the Grantee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or regulation relating to the public �. welfare, health, safety or right-of-way regulation as may Q hereafter be enacted, adopted or promulgated and this (� franchise may be terminated at any time if the Grantee' s lines and facilities are not operated or maintained in accordance with such statutes or regulations. 3.16. Environmental Compliance. Grantee must conform to the Washington State Environmental Policy Act and any amendments thereto. 3 . 17. No Discrimination in Employment. In connection with the performance of any work by the District or its agents addressed herein, the District and its agents shall comply with all federal , state and local codes, statutes and ordinances prohibiting discrimination. 3 . 18. Penalty for Violation of Conditions. If the Grantee shall violate or fail to comply with any of the terms, conditions or responsibilities of this franchise through neglect or failure to heed or comply with any notice given the Grantee under the provisions of this franchise, the Council may revoke, amend, alter , change or supplement this franchise provided, however, that the Council shall give thirty (30 ) days written notice of its intention to do so, during which period the Grantee shall have the opportunity to remedy the failure to comply. 3.19. Franchise Fee. The Grantee shall annually pay to the City a franchise fee of five cents ( $0.05 ) per lineal foot of transmission water lines owned by the Grantee lying within City rights of way as described in paragraph 2. 02 herein. City and Grantee agree that Grantee owns transmission and service lines and is responsible for maintenance thereof. 7 3.20. Severance. This agreement shall be construed to give effect to such purposes and uses under this franchise which are consistent with economical and efficient service rendered in the public interest. If any provision of this franchise, or its application is determined to be invalid by court of law, then the remaining provisions of the franchise shall continue and be valid unless the dominant purpose of the franchise or the public interest herein is thwarted thereby. 3 . 21. Recording. This agreement shall be recorded with the King County Office of Records and Elections immediately upon its execution by the parties herein. SECTION 4: RESERVATION OF RIGHTS; RENTON UTILITY TAX 4. 01. The City and the District acknowledge disagreement over the City's right to impose water utility taxes on the District' s gross revenues derived from parties receiving service from the District located within Renton' s corporate boundaries. The parties acknowledge the O District's refusal to collect and transmit such utility tax 7J to the City. Therefore, the City hereby expressly reserves all rights to make claim against the District for the payment of such utility taxes. SECTION 5: RESERVATION OF RIGHTS; COMPREHENSIVE PLAN APPROVAL 5. 01. The parties herein reserve all rights provided under applicable Washington law to approve, conditionally approve, or reject the general Comprehensive Plan as submitted by the other party. CITY OF RENTON ( "Renton" ) KING COUNTY WATER DI RICT NO. 107 ( "District" By By Q. Its Mayor Its �-2/V S✓. The undersigned hereby accepts all the rights and privileges of the above granted franchise subject to all the terms, conditions, stipulations and obligations contained herein. KING COUNTY WATER DI RICT CITY OF RENTON ("Renton") NO. 107 ( "Di tr 'ct" ) � ATTEST: . By v Its l2,�s�o �,/� City Clerk Dated this day of November, 1987. 8 CITY OF RENTON , WASHINGTON RESOLUTION NO. 2692 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING UTILITY FRANCHISES WHEREAS Water District No. 107 currently owns water mains and sewer lines within the City of Renton rights-of-way, and WHEREAS Water District No. 107 has applied to the City of Renton for a water franchise and a sewer franchise to install , construct, maintain, and operate water mains and sewer lines in the City rights-of-way, and WHEREAS the City Council has reviewed the .franchise agreements negotiated between City Staff and Water District No. 107 and finds them to be in acceptable form, now therefore, THE CITY COUNCIL OF THE CITY OF RENTON, DO RESOLVE AS FOLLOWS : SECTION I : The findings, recitals and determinations are hereby found to be true and correct in all respects. SECTION II: The Utility Franchises for Water District No. 107 as they relate to water mains, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference, and sewer lines, a copy of which is attached hereto as Exhibit "B" and incorporated by this reference, are hereby approved and T adopted , subject to the laws and ordinances of the City of e *4000, V i t RESOLUTION NO. 2692 Renton, and the Mayor and City Clerk are hereby authorized to sign the franchise agreements . PASSED BY THE CITY OF RENTON this 2nd day of November , 1987. Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 2nd day of November , 1987. Barbara Y. Shinpoch, Mayor Approved as to form: Lawrence J. Warrn City Attorney CITY3 : 46/10/27/87/nd r 9"r CITOF RENTON Lawrence J. Warren, City Attorney 7Daniel Kellogg - David M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore R. Parry Assistant City Attorneys December 18, 1987 Mr. John Milne In Slee, Best, Doezie & Ryder , P.S . Suite 900, ONB Plaza 10800 N.E. Eighth P.O. Box C-90016 Bellevue, Washington 98009-90916 Re: Ring County Water District No. 107 - Renton Utility Franchise Dear John: I am in receipt of your letter of December 16, 1987. I will respond to your four concerns in the order in which they appear. 1. You indicated to me on the telephone that you believe that the paragraph 3.07 of the Sewer or Water Franchise, respectively, would indemnify the City from any possible claim which may arise as a result of the City issuing you a permit prior to your obtaining any necessary easements. If my understanding of that representation is incorrect, please le-t me know. With that assurance from the District, then it is clear to me that we will not require easements as a condition precedent to issuing permits for the sewer lines. 2. I have verified that we require mylar copies of plans for all project designs, even when the City is not intending to take ownership of the subject line. 3. I stand on the language of paragraph 3.11 (d) . I have reiterated that language with staff. 4. The City is not requesting an intertie. However, the issue of an intertie was raised only as a matter of indicating that it 'might be a good idea and inquiring whether the District may be amenable to an intertie. Regarding your request for immediate issuance of the sewer project permit, it is my understanding that the plans were received on December 16, 1987. The normal turn around time for plans to permit is a couple of weeks. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 Mr. John Milne ' ••ose December 18, 1987 Page 2 I hope I have answered all of your concerns. I will be on vacation from December 22, 1987 until January 4, 1988. Please let me know if I can answer any further questions. Very truly yours, a� Za tta L. Fontes ZLF:nd cc: Barbara Shinpoch, Mayor Earl Clymer, Mayor-Elect Dick Houghton N8.16:34 nn, CITE'` OF RENTON "LLfN4111p, FINANCE DEPARTMENT Barbara Y. Shinpoch, Mayor Maxine E. Motor, City Clerk November 24, 1987 Mr. Thomas Peadon, Manager King County Water District No. 107 •• 7415 129th Avenue S.E. Renton, Washington 98056 Subject : Resolution No. 2692 and Utility Franchise Recordings Dear Mr . Peadon: Enclosed is a certified copy of the referenced resolution and utility franchises , filed with King County Records and Elections under the receiving number shown on the documents . If we can be of further assistance in this matter , please feel free to call. . Yours truly, CITY OF RENTON Maxine E . Motor, CMC City Clerk 200 Mill Avenue South - Renton, Washington 98055 - (206) 235-2501 CORRESPONDENCE SECTION CITY OF RENTON, WASHINGTON RESOLUTION NO. 2692 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING UTILITY FRANCHISES WHEREAS Water District No. 107 currently owns water mains and sewer lines within the City of Renton rights-of-way, and WHEREAS Water District No. 107 has applied to the City of Renton for a water franchise and a sewer franchise to install , construct, maintain, and operate water mains and sewer lines in the City rights-of-way, and WHEREAS the City Council has reviewed the franchise agreements negotiated between City Staff and Water District No. 107 and finds them to be in acceptable form, now therefore, THE CITY COUNCIL OF THE CITY OF RENTON, DO RESOLVE AS FOLLOWS : SECTION I : The findings , recitals and determinations are hereby found to be true and correct in all respects. SECTION II: The Utility Franchises for Water District No. 107 as they relate to water mains, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference, and sewer lines, a copy of which is attached hereto as Exhibit "B" and incorporated by this reference, are hereby approved and adopted , subject to the laws and ordinances of the City of RESOLUTION NO. 2692 Renton, and the Mayor and City Clerk are hereby authorized to sign the franchise agreements. PASSED BY THE CITY OF RENTON this 2nd day of November , 1987 . Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 2nd day of November , 1987. Barbara Y. Shinpoch, Mayor Approved as to form: lip Lawrence J. Warrn City Attorney CITY3 : 46/10/27/87,/nd CA .,_- r _ _�: F -- 12. 1 ; a 1 UTILITY FRANCHISE THIS UTILITY FRANCHISE is given this oLx_Z.day of 1987, by the City of Renton, King County, Washington, a municipal corporation ( "Renton" or "Grantor" ) to King County Water District No. 107, a municipal corporation ( "District" or "Grantee") . SECTION 1: RECITALS 1 . 01. The District has applied to Renton for a water utility franchise to install , construct, maintain and Q� operate water lines, including mains, lateral , appurtenances and service pipe along, under and across such city roads. streets , avenues, boulevards , alleys and public places hereinafter called "rights-of-way" , within the District' s service area. 1 . 02. The Renton City Council ( "Council" ) has reviewed and considered such application for water utility franchise. WHEREFORE , in consideration of the terms and conditions herein, Renton hereby grants to the District a water utility franchise as follows: SECTION 2: WATER UTILITY FRANCHISE 2.01. Renton, pursuant to Resolution No. , duly and regularly enacted by its Council on the day of , 1987, hereby grants to the district and to its successors and assigns, for the term of twenty-five (25 ) years from the date hereof, the right, privilege, authority and franchise for itself, its successors and assigns , to install, construct, maintain and operate water mains, laterals and service lines along , under and across such City rights-of-way, together with all necessary equipment of every sort necessary , subject to all the terms and conditions herein. 2. 02. This Utility franchise shall apply to those portions of the District' s water lines and appurtenances within the City of Renton' s present rights-of-way as referenced in paragraph 1. 01 above. SECTION 3: GENERAL TERMS AND CONDITIONS APPLICABLE TO THE UTILITY FRANCHISE 3 . 02. Definitions: ( a) . Right-of-way. The term "right-of-way" shall be understood to include any and every Renton City road , 1 street, avenue, alley or other public place designated or specified in this franchise in, upon, under, over, across and along which rights are, or are intended to be vested in the Grantee, its successors and assigns, under and by virtue of this franchise. (b) . Director . The term "director" shall be the City of Renton Director of Public works. (c) . Utility. The term "utility" shall be understood to mean, as the context may require, either the Grantee herein, or any other person, firm or corporation, either public or private, which may hold a franchise to maintain and operate similar facilities in, upon, under , over , across and along any of the public rights-of way , or portions thereof, within the area specified. (d ) . Other Governing Body. The term "other governing body" shall be understood to mean such public C official or other public board or body as may have power and jurisdiction over the rights-of-way and be legally vested with jurisdiction and authority to permit or regulate the installation, maintenance of lines and other facilities, in, upon, under, over, across and along the rights-of-way within �• the specified area. 3 . 02. Acceptance by Grantee of Terms and conditions. Grantee shall be deemed to have abandoned and forfeited all the rights, privileges and authority hereby granted, unless within thirty (30 ) days from the date hereof Grantee shall file with the Council its written acceptance of this franchise, subject to all of the terms, conditions, stipulations and other obligations herein contained and enclosed , and in case the Grantee shall fail to do so within the time aforesaid, this franchise shall be null and void and of no effect. 3 . 03 . Exclusive Franchise Unconstitutional . This franchise shall not be deemed or held to be an exclusive franchise, and shall not in any manner prohibit the Council from granting other and further franchises of any kind or character that it may deem proper, in, upon, under, over, across and along any right-of-way within the area described herein, and this franchise shall in no way prohibit or prevent the public from using any such rights-of-way or affect the jurisdiction of Renton over such rights-of-way or any part thereof, or its power to make all necessary improvements, repairs or changes therein. 3 . 04 . Jurisdiction. this document shall not be construed by Grantee, or any other person, persons or corporations, as a warrant of title or interest in City roads or rights-of-way but is intended to convey such 2 rights-of-way and interests only as to those roads and rights-of-way in which the City has an actual interest. 3.05. _Regulation of Use and Control. The City granting this franchise does not waive any rights which it now has or may hereafter acquire with respect to City roads, rights-of-way or other City property and this franchise shall not be construed to deprive the City of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the City roads, rights-of-way and any other City property covered by this franchise. 3 . 06 . Vacation. If at any time the City shall vacate any City road , rights-of-way or other City property which is subject to rights granted by this franchise, the City shall not be liable for any damages or loss to the Grantee by reason of such vacation. 0 3 . 07. Responsibility for Damages. The Grantee agrees for itself, its successors and assigns, to indemnify and hold the City harmless, its appointed and elected officials and employees from and against all loss or expense, including attorney' s fees and costs arising out of any negligent act, error or omission by the District, its agents or employees related to this Franchise. 3. 08. Requirement of Construction Permits. The said Grantee, its successors or assigns, shall have the right and authority to enter upon the City roads and rights-of-way described herein for the purpose of constructing , extending, repairing or replacing, servicing and/or operating and maintaining its lines and facilities and connecting the same with consumer service lines, upon the condition that prior to such work within the City roads or rights-of-way, the Grantee shall first obtain the necessary permits approved by the Director of Public Works. Applications for said permits shall first be presented to the Department of Public Works which may require copies of plans, blueprints, cross-sections or such further detail of the work to be done as is , or may be required by ordinance in other instances. Such work, whether done by the Grantee, its contractors or third parties connecting to the Grantee' s lines or facilities, shall include necessary paving, patching, grading and any other reasonable and necessary repair or restoration to the pre-existing City roads , rights-of-way and shall be to the satisfaction of the director. All permits shall be applied for and given in the name of the Grantee who shall be held responsible for all work done thereunder, whether the work done thereunder is by the 3 forces of the Grantee, its contractors or by third parties connecting to the lines or facilities of Grantee. Before any work is performed under the permit, the Grantee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivision, plats, right-of-way and all other surveys within the permitted area. The reference points shall be so located that they will not be disturbed during the Grantee ' s operation under the permit. The method of referencing these monuments or other points to be referenced shall be approved by the director before placement. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the director. The cost of monuments or other markers lost, destroyed or disturbed and the expense of replacement by approved monuments shall be borne 'by the Grantee. O Grantor shall be named as an additional obligee on performance bonds required by the District for any work within the franchise area herein. 3 . 09 Providing "As Built" Drawings The developer/contractor shall maintain on the jobsite project plans marked to indicate City-approved plan revisions made in the field and other details of construction. The drawings shall be made available upon completion of the project to the District for use in preparation of "as built" records. The developer shall be responsible for the cost of any required "as built" drawings. A copy of these "as built" drawings shall be provided to the City. 3 . 10. Restoration of Right-of-Way. The Grantee shall be responsible for and leave all City roads and rights-of- way in good condition , after work on, under or adjacent to the City roads or rights-of-way as the same were before such work. In the event that the Grantee, its contractors or third parties connecting to Grantee' s lines or facilities under work permit, shall fail to restore the City roads or rights-of-way to the condition that pre-existed such work to the satisfaction of the director, the City reserves the right to make such repairs or restoration to such roads or rights-of-way, and upon presentation of an itemized bill for such repairs or restoration, including the cost of labor and equipment, the Grantee shall pay the said bill within thirty ( 30 ) days. In the event that suit is brought upon failure to pay the bill within thirty (30 ) days, and upon judgment being entered in favor of the City , Grantee shall further pay all the actual costs, disbursements and attorney' s fees incurred thereby. 3. 11 A. Removal or Relocation of Facilities Installed by Grantee. Upon the relocation or change of grade by the 4 public authorities of any right-of-way described herein, any lines or facilities, erected upon or within any portion of such right-of-way, shall, if necessary, be removed by the Grantee at its own expense so that it shall not interfere with the work of relocation or change of grade and shall be reset in accordance with the provisions above set forth so that the location and elevation of such line or facility shall conform to the new grade and location of the right-of- way. Grantee shall likewise, at its own expense, upon demand of the director , relocate any line or facility which shall interfere with a reasonably located driveway giving access to abutting property. The City shall in no event be held liable for any damages to said Grantee that may occur by reason of the City' s improvements, repairs or maintenance or by the exercise of any rights are reserved in this section. 3 . 11 B. Competing Service Areas. The parties acknowledge that they have existing water lines parallel to one another. Subject to Chapter 35.13A, et seq and further subject to any assertion of jursidiction by the Boundary Review Board and any subsequent decision of the Boundary Review Board, the parties agree that should the Water District need to replace a water line or perform such substantial repairs to the water line that the cost of repairs is equivalent to the value of the water line, then Q) the City of Renton shall have the right to provide service to the customers in the City limits in that service area. 3 . 11 C . Installation Codes: Grantee agrees that any new water line installation or replacement done pursuant to this agreement shall meet all fire flow and hydrant requirements as set out in the current or subsequently adopted : Uniform Fire Code; City Ordinance ( current Ordinance is 4007 ) ; Insurance Service Office Standards ( current edition 1974) ; National Fire Protection Association, National Fire Codes; King County Water District No. 107 Design and Technical Specifications; Parts II and III : Technical Specifications Water Extension; Part IV Technical specifications - Water Details; Standard Specifications for Municipal Public Works Construction of the American Public works Association; 5 Standard specifications for Municipal Public Works Construction of the American Water Works Association; Standard Specifications for Municipal Public Works Construction of the ASTM; Washington Administrative Code section 248-54 , "Public Water Supplies" (DSHS ) ; All other applicable county , state and federal regulations and statutes regarding water works specifications and design. All fire hydrants shall be installed by grantee in compliance with the City of Renton Department of Public Works Construction Standards. 3 . 12. Blasting Requirements. The laying, construction, maintenance and operation of the Grantee' s Q system of lines and facilities granted under this franchise shall not preclude the City , its accredited agents, or its 99-4-4 roadwork from blasting, grading or doing other necessary "4 provided contiguous to the Grantee ' s lines and facilities, "4 provided that the Grantee shall have seventy-two ( 72 ) hours notice of said blasting or excavating in order that Grantee may protect its lines, facilities and property. 3. 13 . Assignment of Rights to Third Party. The Grantee shall have the right to assign its franchise provided, however, no such assignment shall be of any force or effect unless written notice of such assignment shall be filed with the Clerk of the Council within thirty ( 30 ) days thereafter, together with an acceptance by the assignee in writing of all the terms, covenants and conditions of this franchise and an agreement of such assignee to perform and be bound by all the terms and conditions of this franchise. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee, and all privileges, as well as all obligations and liabilities of the Grantee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Grantee is mentioned. 3 . 14 . Expiration and Renewal . All rights granted by this franchise to City roads and rights-of-way shall apply to all existing City roads and rights-of-way whether improved or unimproved , and shall further include City roads and rights-of-way acquired by the City after the date of execution of this document. 6 If , upon expiration of this franchise, Grantee shall not have applied for renewal of same, the City shall have the right to remove such lines or facilities of the Grantee as are reasonably necessary for the safe condition of the roads or rights-of-way or facilities of other franchise holders and such are reasonably necessary to remove for the construction, renewing , altering or improving of such roads or rights-of-way, and such as are reasonably necessary to remove for the installation of .lines and/or facilities of other franchise holders. Grantee shall be liable for the costs incurred in such removal including the cost of labor and equipment; provided that such removal is affected with two (2 ) years from the expiration date hereof. 3.15. Right to Amend. The City reserves for itself the right at any time upon ninety (90 ) days written notice to the Grantee, to so change, amend, modify or amplify any M of the provisions or conditions herein enumerated to conform to any state statute or regulation relating to the public welfare, health, safety or right-of-way regulation as may Q hereafter be enacted, adopted or promulgated and this franchise may be terminated at any time if the Grantee' s rl lines and facilities are not operated or maintained in accordance with, such statutes or regulations. 3. 16. Environmental Compliance. Grantee must conform to the Washington State Environmental Policy Act and any amendments thereto. 3 . 17. No :Discrimination in Employment. In connection with the performance of any work by the District or its agents addressed herein, the District and its agents shall, comply with all. federal , state and local codes, statutes and ordinances prohibiting discrimination. 3 . 18. Penalty for Violation of Conditions. If the Grantee shall violate or fail to comply with any of the terms, conditions or responsibilities of this franchise through neglect: or failure to heed or comply with any notice given the Grantee under the provisions of this franchise, the Council may revoke , amend, alter, change or supplement this franchise provided, however, that the Council shall give thirty (30 ) days written notice of its intention to do so, during which period the Grantee shall have the opportunity to remedy the failure to comply. 3. 19. Franchise Fee. The Grantee shall annually pay to the City a franchise fee of five cents ( $0. 05 ) per lineal foot of transmission water lines owned by the Grantee lying within City rights of way as described in paragraph 2. 02 herein. City and Grantee agree that Grantee owns transmission and service lines and is responsible for maintenance thereof. 7 �r law 3 .20 . Severance. This agreement shall be construed to give effect to such purposes and uses under this franchise which are consistent with economical and efficient service rendered in the public interest. If any provision of this franchise, or its application is determined to be invalid by court of law, then the remaining provisions of the franchise shall continue and be valid unless the dominant purpose of the franchise or the public interest herein is thwarted thereby. 3 . 21 . Recording. This agreement shall be recorded with the King County Office of Records and Elections immediately upon its execution by the parties herein. SECTION 4: RESERVATION OF RIGHTS; RENTON UTILITY TAX 4 . 01 . The City and the District acknowledge disagreement over the City' s right to impose water utility taxes on the District' s gross revenues derived from parties receiving service from the District located within Renton' s corporate boundaries. The parties acknowledge the ;j District' s refusal to collect and transmit such utility tax to the City. Therefore, the City hereby expressly reserves all rights to make claim against the District for the payment of such utility taxes. SECTION 5: RESERVATION OF RIGHTS; COMPREHENSIVE PLAN APPROVAL 5 . 01 . The parties herein reserve all rights provided under applicable Washington law to approve, conditionally approve, or reject the general Comprehensive Plan as submitted by the other party. CITY OF RENTON ( "Renton" ) KING COUNTY WATER DI .TRICT NO. 107 ( "Distr.ict" 3 B y Z WL)o&-t( ).JJr - By3- Its Mayor Its The undersigned hereby accepts all the rights and privileges of the above granted franchise subject to all the terms, conditions, stipulations and obligations contained herein. KING COUNTY WATER DI RICT CITY OF RENTON ("Ren.ton" ) NO. 107 ( "Di tri ct" ) ATTEST: By I t s l�.�S rIJV-.i/�-� — City Clerk Dated this day of November, 1987. 8 ..El. V b EXHIBIT "B" 40 1 UTILITY FRANCHISE THIS UTILITY FRANCHISE is given this qday of 1987, by the City of Renton, King County, Washington, a municipal corporation ( "Renton" or "Grantor" ) to King County Water District No. 107, a municipal corporation ( "District" or "Grantee") . SECTION 1: RECITALS 1 . 01. The District has applied to Renton for a sewer utility franchise to install , construct, maintain and Q operate sewer lines, including mains, lateral , appurtenances and side sewers along, under and across such city roads , streets , avenues , boulevards , alleys and public places hereinafter called "rights-of-way" , within the District' s service area. 1 . 02. The Renton City Council ( "Council" ) has reviewed and considered such application for sewer utility franchise. WHEREFORE, in consideration of the terms and conditions herein, Renton hereby grants to the District a sewer utility franchise as follows: SECTION 2: SEWER UTILITY FRANCHISE 2. 01. Renton, pursuant to Resolution No. , 0W9,521- duly and regularly enacted by its Council on the �,,,,dday of 1987, hereby grants to the district and to its successors and assigns, for the term of twenty-five ( 25 ) years from the date hereof, the right, privilege, authority and franchise for itself, its successors and assigns, to install, construct, maintain and operate sewer lines, including mains, laterals , appurtenances, and side sewers along, under and across such City rights-of-way, together with all necessary equipment of every sort necessary, subject to all the terms and conditions herein. 2. 02. This Utility franchise shall apply to those portions of the District' s sewer lines and appurtenances within the City of Renton' s present rights-of-way as referenced in paragraph 1 . 01 above. CITY3: 50/10/28/87 ? 11 1 RE C=D F 1_. _10 Cis s:;y:: i•=. -ii} 11 1 SECTION 3 : GENERAL TERMS AND CONDITIONS APPLICABLE TO THE UTILITY FRANCHISE. 3. 02 Definitions : (a) Right-of-Way. The term "right-of-way" shall be understood to include any and every Renton City road , street , avenue , alley or other public place designated or specified in this franchise in, upon, under , over , across and along which rights are , or are intended to be vested in the Grantee , its successors and assigns , under and by virtue of this franchise. (b) Director. The term "director" shall be the City of Renton Director of Public Works . (c) Utility. The term "utility" shall be understood to mean, as the context may require , either the Grantee herein, or any other person, firm or corporation, either public or private , which may hold a franchise to O maintain and operate similar facilities in, upon, under , over, across and along any of the public rights-of-way, or portions thereof , within the area specified . (d) Other Governing Body. The term "other governing body" shall be understood to mean such public official or other public board or body as may have power and jurisdiction over the rights-of-way and be legally vested with jurisdiction and authority to permit or regulate the installation, maintenance of lines and other facilities , in, upon, under , over , across and along the rights-of-way within the specified area. 3 . 02 Acceptance by Grantee of Terms and Conditions . Grantee shall be deemed to have abandoned and forfeited all the rights , privileges and authority hereby granted , unless within thirty (30) days from the date hereof Grantee shall file with the Council its written acceptance of this franchise , subject to all of the terms , conditions , stipulations and other obligations herein contained and enclosed , and in case the Grantee shall fail to do so within the time aforesaid , this franchise shall be null and void and of no effect . 3. 03 Exclusive Franchise Unconstitutional . This franchise shall riot be deemed or held to be an exclusive franchise , and shall not in any manner prohibit the Council from granting other and further franchises of any kind or character that it may deem proper , in, upon, under , over, across and along any right-of-way within the area described herein, and this franchise shal 1 in no way prohibit or prevent -2- err the public from using any such rights-of-way or affect the j uri sdi cti on of Renton over such rights-of-way or any part thereof , or its power to make all necessary improvements , repairs or changes therein. 3. 04 Juri sdi cti on. This document shall not be construed by Grantee , or any other person, persons or corporations , as a warrant of title or interest in City roads or rights-of-way but is intended to convey such rights-of-way and interests only as to those roads and rights-of-way in which the City has an actual interest . 3. 05 Regulation of Use and Control . The City granting this franchise does not waive any rights which it now has or may hereafter acquire with respect to City roads , rights-of-way or other City property and this franchise shall not be construed to deprive the City of any powers , rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the City roads , rights-of-way and any other City property covered by this franchise . 3 . 06 Vacation. If at any time the City shall vacate any City road , rights-of-way or other City property which is subject to rights granted by this franchise , the City shall not be liable for any damages or loss to the Grantee by reason of such vacation. 3 . 07 Responsibility for Damages . The Grantee agrees G� for itself , its successors and assigns , to indemnify and hold the City harmless , its appointed and elected officials and employees from and against all loss or expense , including attorney' s fees and costs arising out of any negligent act , error or omission by the District , its agents or employees related to this Franchise. 3 . 08 Requirement of Construction Permits . The said Grantee , its successors or assigns , shall have the right and authority to enter upon the City roads and rights-of-way described herein for the purpose of constructing , extending , repairing or replacing , servicing and/or operating and maintaining its lines and facilities and connecting the same with consumer service lines , upon the condition that prior to such work within the City roads or rights-of-way, the Grantee shall first obtain the necessary permits approved by the Director of Public Works . Applications for said permits shall first be presented to the Department of Public Works which may require copies of plans , blueprints , cross -sections or such further detail of the -3- work to be done as is , or may be required by ordinance in other instances . Such work, whether done by the Grantee , its contractors or third parties connecting to the Grantee ' s lines or facilities , shall include necessary paving , patching , grading and any other reasonable and necessary repair or restoration to the pre-existing City roads , rights-of-way and shall be to the satisfaction of the director. All permits shall be applied for and given in the name of the Grantee who shall be held responsible for all work done thereunder , whether the work done thereunder is by the forces of the Grantee , its contractors or by third parties connecting to the lines or facilities of Grantee. Before any work is performed under the permit , the Grantee shall establish two or more reference marks to all monuments and markers of every nature relating to subdivision, plats , right-of-way and all other surveys within the permitted area. The reference points shall be so located that they will not be disturbed during the Grantee ' s operation under the CQ permit . The method of referencing these monuments or other N points to be referenced shall be approved by the director O before placement . The replacement of all such monuments or Xmarkers disturbed during construction shall be made as T4 expeditiously as conditions permit and as directed by the W4 director. The cost of monuments or other markers lost , destroyed or disturbed and the expense of replacement by approved monuments shall be borne by the Grantee. Grantor shall be named as an additional obligee on performance bonds required by the District for any work within the franchise area herein. 3 . 09 Providing "As -Built" Drawings . The developer/ contractor shall maintain on the jobsite project plans marked to indicate City-approved plan revisions made in the field and other details of construction. The drawings shall be made available upon completion of the project to the District for use and preparation of "as -built" records . The developer shall be responsible for the cost of any required "as -built" drawings . A copy of these "as-built" drawings shall be provided to the City. 3. 10 Restoration of Right-of-Way. The Grantee shall be responsible for and leave all City roads and rights-of-way in good condition, after work on, under or adjacent to the City roads or rights-of-way as the same were before such work. In the event that the Grantee , its contractors or third parties connecting to Grantee ' s lines or facilities under work permit , -4- shall fail to restore the City roads or rights-of-way to the condition that pre-existed such work to the satisfaction of the director , the City reserves the right to make such repairs or restoration to such roads or rights-of-way, and upon presentation of an itemized bill for such repairs or restoration, including the cost of labor and equipment , the Grantee shall pay the said bill within thirty (30) days . In the event that suit is brought upon failure to pay the bill within thirty (30) days , and upon judgment being entered in favor of the City, Grantee shall further pay all the actual costs , disbursements and attorney' s fees incurred thereby. 3. 11A Removal or Relocation of Facilities Installed by Grantee. Upon the relocation or change of grade by the public authorities of any right-of-way described herein, any lines or facilities , erected upon or within any portion of such right-of-way, shall , if necessary, be removed by the Grantee at its own expense so that it shall not interfere with the work of relocation or change of grade and shall be reset in accordance with the provisions above set forth so that the location and elevation of such line or facility shall conform to the new P6 grade and location of the right-of-way. Grantee shall Q likewise , at its own expense , upon demand of the director , relocate any line or facility which shall interfere with a reasonably located driveway giving access to abutting property. The City shall in no event be held liable for any damages to said Grantee that may occur by reason of the City' s improvements , repairs or maintenance or by the exercise of any rights are reserved in this section. 3. 11B Competing Service Areas . In the event that the parties have existing sewer lines parallel to one another and subject to Chapter 35 . 13A, et seq. and further subject to any assertion of jurisdiction by the Boundary Review Board and any subsequent decision of the Boundary Review Board , the parties agree that should the Water District need. to replace a sewer line or perform such substantial repairs to the sewer line that the cost of repairs is equivalent to the value of the sewer line , then the City of Renton shall have the right to provide service to the customers in the City limits in that service area. 3 . 11C Installation Codes . Grantee agrees that any new sewer- line installation or replacement done pursuant to this agreement shall meet all requirements as set out in the current or subsequently adopted : -5- f King County Water District No. 107 - Metro Service Agreement and Specifications ; King County Water District No. 107 Design and Technical Specifications : Parts II and III : Technical Specifications - Sewer Extension ; Part IV: Technical Specifications - Standard Sewer Details ; Standard Specifications for Municipal Public Works Construction of the American Public Works Association ; "Criteria for Sewage Works Design, " State of Washington Department of Ecology - Revised Oct . Qy 1985 ; Cit Washington Administrative Code Section 173-240 , "Submission of Plans and Reports for Construction of Wastewater Facilities" (DOE) ; All other applicable state and federal regulations and statutes regarding sewage works , design and hazardous waste disposal . 3 . 12 Blasting Requirements . The laying , construction, maintenance and operation of the Grantee ' s system of lines and facilities granted under this franchise shall not preclude the City, its accredited agent , or its contractors from blasting , grading or doing other necessary roadwork contiguous to the Grantee ' s lines and facilities , provided that the Grantee shall have seventy-two ( 72) hours notice of said blasting or excavating in order that Grantee may protect its lines , facilities and property. 3 . 13 Assignment of Rights to Third Party. The Grantee shall have the right to assign its franchise provided , however , no such assignment shall be of any force or effect unless written notice of such assignment shall be filed with the Clerk of the Council within thirty (30) days thereafter, together with an acceptance by the assignee in writing of all the terms , covenants and conditions of this franchise and an agreement of such assignee to perform and be bound by all the terms and conditions of this franchise . All the provisions , conditions , regulations and requirements herein contained shall be binding upon the successors and assigns of the Grantee , and all privileges , as -6- well as all obligations and liabilities of the Grantee , shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Grantee is mentioned . 3. 14 Expiration and Renewal . All rights granted by this franchise to City roads and rights-of-way shall apply to all existing City roads and rights-of-way whether improved or unimproved , and shall further include City roads and rights-of-way acquired by the City after the date of execution of this document . If , upon expiration of this franchise , Grantee shall not have applied for renewal of same , the City shall have the right to remove such lines or facilities of the Grantee as are reasonably necessary for the safe condition of the roads or rights-of-way or facilities of other franchise holders and such are reasonably necessary to remove for the construction, renewing , altering or improving of such roads or rights-of-way, and such as are reasonably necessary to remove for the installation of lines and/or facilities of other franchise Cit holders . Grantee shall be liable for the costs incurred in Csuch removal including the cost of labor and equipment ; provided that such removal is affected with two (2) years from the expiration date hereof . 3 . 15 Right to Amend . The City reserves for itself the right at any time upon ninety (90) days written notice to the Grantee , to so change , amend , modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or regulation relating to the public welfare , health, safety or right-of-way regulation as may hereafter be enacted , adopted or promulgated and this franchise may be terminated at any time if the Grantee ' s lines and facilities are not operated or maintained in accordance with such statutes or regulations . 3 . 16 Environmental Compliance . Grantee must conform to the Washington State Environmental Policy Act and any amendments thereto. 3 . 17 No Discrimination in Employment . In connection with the performance of any work by the District or its agents addressed herein, the District and its agents shall comply with all federal , state and local codes , statutes and ordinances prohibiting discrimination. 3 . 18 Penalty for Violation of Conditions . If the Grantee shall violate or fail to comply with any of the terms , conditions or responsibilities of this franchise through neglect or failure to heed or comply with any notice given the -7- Grantee under the provisions of this franchise, the Council may revoke, amend, alter, change or supplement this franchise provided , however , that the Council shall give thirty (30 ) days written notice of its intention to do so, during which period the Grantee shall have the opportunity to remedy the failure to comply. 3 . 19 Franchise Fee. The Grantee shall annually pav to the City a franchise fee of five cents ( $ . 05 ) per lineal foot of transmission sewer lines owned by the Grantee, lying within City rights of way as described in paragraph 2. 02 herein. City and Grantee agree that Grantee owns transmission and service lines and is responsible for maintenance thereof. 3 . 20 Severance. This agreement shall be construed to give effect to such purposes and uses under this franchise which are consistent with economical and efficient service rendered in the public interest. If any provision of this franchise, or its application is determined to be invalid by 0 court of law, then the remaining provisions of the franchise Q� shall continue and be valid unless the dominant purpose of r1 the franchise or the public interest herein is thwarted thereby. 3 . 21 Recording. This agreement shall be recorded with the King County Office of Records and Elections immediately upon its execution by the parties herein. SECTION 4: RESERVATION OF RIGHTS; RENTON UTILITY TAX 4 . 01 The City and the District acknowledge disagreement over the City' s right to impose water utility taxes on the District' s gross revenues derived from parties receiving service from the District located within Renton' s corporate boundaries. The parties acknowledge the District' s refusal to collect and transmit such utility tax to the City. Therefore, the City hereby expressly reserves all rights to make claim against the District for the payment of such utility taxes. SECTION 5: RESERVATION OF RIGHTS ; COMPREHENSIVE PLAN APPROVAL 5 . 01 The parties herein reserve all rights provided under applicable Washington law to approve, conditionally approve, or reject the general Comprehensive Plan as submitted by the other party. CITY OF RENTON ( "Renton" ) KING COUNTY WATER DISTR T NO. 107 ( "Di 4ct" ) By Its Mavor Its ATTEST: � s¢ 8 City Clerk The undersigned hereby accepts all the rights and privileges of the above granted franchise subject to all the terms, conditions, stipulations and obligations contained herein. KING COUNTY WATER DIST ICT NO 107 ( "Dist i t" ) By Its Dated this //'`4 day of November , 1987. CITY3 : 51/10/30/87 0? C�2 O W4 N 9