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Home My WebLink AboutA 9504111052 � °f • ,� ' �ti`��G—�3�5—(�3D��, + ,,. �. �"' �� 'WH�1 REODRDED RENRN'R?C .o. Office of the Cltq Cleric ,-� �'' �� 1 � �99� � Renton Munidpl�.� :;- AGREEMENT .'- 200MillAvettueSoldh- � KI`�iG COUNTy � Renton,wA 98056 �'' R ECORDER � . A � THIS AGREEMENT is made by and between KING COUNTY WATER DISTRICT w NO. 107, a municipal corporation in King County, Washington ("District"), and the CITY OF � RENTON, a municipal corporation in King County, Washington ("City") for the purposes set � forth herein. � n � � SECTION I: RECITALS { � �, 1.01 � � District and`City'are tlie owners�and°operators�of water systems in King � County, Washington. District's corporate boundary overlaps and/or is adjacent to City's � corporate boundary. �' � � � 1.02 District currently provides water service by steel water main to an area known as Misty Cove as depicted on E�chibit "A" attached hereto which lies within City's .� corporate boundaries. However, the District's water main requires periodic maintenance and $ repair. • - . . . a.. . . , . 1.03 Ciry also currently provides water service by ductile water main to the � Misty Cove area as depicted on E�chibit "A" within its corporate boundaries. C �-1 1.04 District now desires to terminate water service to its customers in the � Misty Cove area served by the steel water main and to transfer such customers to City. City � desires to provide water service to such customers from its water main in such area. � �� 1.05 District and City are authorized by Chapter 39.34 RCW to enter into � interlocal agreements for joint action. 1.06 In the event District transfers any of its water customers to any other entity, it is required to make a payment into its,Bond Fund of an amount proportionate to the revenue lost by the District in relation to its total revenue through such customer transfer. Therefore, as consideration to transfer its water customers in the Misty Cove area to Ciry, District desires that City pay the District an agreed amount to assist District in making such ' contribution to "its bond fund. City desires to�make such contribution as consideration for the ' customer transfer. . - 1.07 City has issued a water franchise (Franchise) to District to construct, operate and maintain District water lines in City right-of-way. Section 3.11(B) "competing service areas" of the Franchise provides that in areas where the parties have existing water lines ' parallel to one another, subject to further terms and conditions, in the event.the District needed to replace a water line or periorm such substantial repairs to the water line that the cost of repairs was equivalent to the value of the water line, the City would then have the right to provide service to the customers in the city limits in that service area. District believes that the provisions of Section 3.11(B) do not apply to the maintenance and repair of its steel water main in the Misty Cove area as such water main does not need to be replaced or repaired at a cost F:\DMS\JWM\0044375.01 02/08/95 - 1 - . ' . `� ..�, �, ' , • . � equivalent to its value. Notwithstanding such a position, District desires to terminate water I service to it's customers in the Misry Cove area and to transfer such customers to City. In consideration of the terms and conditions contained herein, the parties now agree as follows: SECTION II: CITY WATER SERVICE 2.01 District agrees to terminate water service to its customers receiving water service from the steel water main in the Misty Cove area and to transfer such customers to City. 2.02 In consideration of the District's transfer of such customers to City, City ' shall pay District the amount of $7,500.00 and accept and provide water service to such customers. All costs and expenses relating to the disconnection of such customers from the District's water main and reconnection of such customers to the Ciry's water main shall be borne by City, provided, however, District shall provide personnel for and inspect the disconnection from the District's water main at District's expense. , 2.03 Ciry agrees to provide water service to such customers on the same basis as water service is rovided to other Ci customers in accordance with the Ci 's ordinances P tY tY � resolutions, regulations and codes relating to the provision of water as adopted and enforced by � the City. City agrees not to charge such customers any new or additional connection charge to � a receive water service from the City in recognition and acknowledgment that connection charges � were previously paid to District by such customers. � �"� 2.04 District and City agree that the transier of�istrict's cusiomers to i iry in � the Misty Cove area does not constitute the assumption of any District assets, facilities or O � indebtedness for the purposes of Chapter 36.93 RCW. CT� 2.05 The parties reserve all rights with respect to the interpretation and application of Section 3.11(B) Franchise as it may be applied to other service areas within the City where the parties may have water lines parallel to one another. , 2.06 The parties agree to affect such transfer of customers from District to City no later than the 15th day of April 1995; provided, however, in the event any party other than District or City challenges the customer transfer provided herein, such transfer shall become effective upon any date as provided by law or court order. 2.07 The parties agree to cooperate to effect the purposes of this Agreement and to execute any further agreements or documents required for such customer transfer. The parties ' agree to provide the District's customers with published, written, and mailed notice regarding the proposed change of water purveyor from District to Ciry at least 45 days before the date of I such transfer. F:\DMS\JWM\0044375.01 02/08/95 - 2 - � � -- - _ � � '�� i'• ' ' r SECTION III: GENERAL PROVISIONS 3.01 Each party shall approve this Agreement by appropriate resolution or ordinance and provide the other party with a certi�ed copy of same. This Agreement shall take effect upon its approval by the City Council of City and the District Board of Commissioners. Each party represents to the other that it has the full power and authority to enter into this Agreement. Approved as to Form District Legal Counsel HING COUNTY WATER DISTRICT NO. 107 ("District") By ' Lt lU �`��z�.. Its � C'�uu�� It Da�ed .��.-�,�.� � ��'�s'" D -�C�� l�/ �" :� ltJ � �"� Approved as to Form � � �,� Office of the City Attorney CITY OF RENTON ("City") � � � BY Y Its Its Mayor Dated / Dated 1 ATTEST• . Marilyn . P ersen, City Clerk F:\DMS\JWM\0044375.01 02/08/95 - 3 - I, STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that James Denton is � the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of King County Water District No. 107, a municipal corporation, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated February 9th, 1995 ��- � NAME: Pamela S. Nelson (Print Name) ' Notary Public in and for the State of Washington. b� Commission Expires: J1�1� 9th, 1997 � � � STATE OF WASHINGTON ) � ) ss. ��° COUNTY OF KING ) �� C� �z,-i c�yvn�r � � � I certify that I.know or ha��e satisfactory��vidence that�.hn�,l�n J . ��'�'�r�r, i� the El`? personswho appeared before me, and said persont acknowledged thatkh�signed this instrument, on oath stated that�hey was authorized to execute the instrument and acknowledged it as the �or� � C.i�►-k- of the Ciry of Renton, a municipal corporation, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated��'�.c.Q ?� 1°t 9� , E�� NAME: �JS�p- �Pf��s (Print Name) Notary Public in and for the State of , Washington. ' . Commission Expires: /C�--/9 97 I F:\DMS\JWM\0044375.01 02/08/95 - 4 - � _ - - - — -- � �a��"�c�.l.��s/� � r ,, ! � 4 . - � �6�or � ' •` a o` '� -t�a`';h . '. , . � No sca�.� � i �ti� f . 5 015 � j Q`4 �r°� yo � o,�'� V� � � � c,`'/ �� a� p f �° / �.► , , `� �,i� � 5oz, / i ` fj � �'� � / �'\�� ,� � � / 5025 h� ,� / � � t f I �2�� Q � / i �^ � 5029 � " \ / /.1 4° itl 17 Yr L a�2'f�� y / �/ o p° 0° �° � „s / �,,, S 2 S 4–rJ / " �°' � ' so3+ EXiSTING WD 107 --..�....� j � ' , r ' .�� '�� '�0�,�;�*�,�,� iNAT E R M A!N TC} B E u� z � V � ,�� ti3O4 ABANDQNED ,� m � � j � e N N I i \ e S�� ( ! �' �~~ 1Q qcp j\` Rtp��y'l,,,� ";?,..� ,�ro"'r `°,,,.,� S NEW SERVICE ( ��N i � II ke� � <o �` � ,•_ S, N ti � �^j� ` !?E 4 � +� . 'r 37s.doi. 'C.t. ence � � ' \ Osh\,. -°`t� � : •_. 1 � �gfp��,,,� e h'oie,,NM _.,,�,,;. .�� .'��SS "�'� � tvi I ~ ��.��' Ur1rn9/ory f �'�^:.'�s.�w=` '++�rs��',�, ,ss""" � � I '' � `."� '' `� \ \` // `�c.r ,bsi� �-.�'-- ��.w` _ _ 1 I _ = _�- I , "� r 0' \„.,� 'Y`O„A,_��C`p/ � "` _— __ __�+ ' --- -'-�- ..� � .� '" I 1 J i. I �� !o 'v $� N �-,.� � � e �. ``� `.� � �GE �• 6.� � � �C.o �� ,�s�' £-rorkd .,reyk_ -_„ �,��, .� • NQrfhern � �. � r i RQ4If� � �:a'ac � _... � ._—l 1 4 ''" `-- -_. - �` _ � — _. �..�.,� ---_ ._..._ ....— n �h�� q�c 0 - �Eu�t3Ktc !nlc�.:cA''�� QL Qoc�G t�rou^d �,i CUST NAME RTII SERVICE LOCATION EXHIB IT A 3581 6 MISTY COVE HOA 24 RIPLEY LN Ih RTN, so2� AREA OF WATER SERVICE sG�s s �suDr�, a�x 2o wpL�Y L�N ��, sa2s TRANSFER WITH THE CITY QF RENTCIN ; 3579 0 BERGAN, LOUIS A 20 RIPLEY LN N RTN, SC�29 6412 I BERNASCONI, DON 20 RlPLEY LN N RTN, 5031 �y Engineering 3S$3 3 H. BAXTER CO LAKE WASH. E3LVD 5015 �' Planning r Surveying Fenhallegon Associates Consulting Eng�neers, Ir�c. 760 5IJCTH `"TREET SOUTH SUTTE 200 HIRKLAND, Wq g80�3 . {208) 827-2414 � —. _ -- - - -- - -- - - — -