The URL can be used to link to this page

Home My WebLink AboutCAG-10-177CAc-10-177 AGREEMENT BETWEEN KING COUNTY AND CITY OF RENTON REGARDING ACQUISITION OF THE CENTRAL PLATEAU INTERCEPTOR THIS AGREEMENT ("Agreement"), made as of the Z- day of December, 2010, between City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as the "the City" and King County, a political subdivision of the State of Washington, hereinafter referred to as "the County" (referred to individually as a "Party" and collectively as the "Parties"). I. RECITALS WHEREAS, the Parties have entered into a long-term agreement for sewage disposal dated May 2, 1961, as amended, hereinafter referred to as the "Basic Agreement"; and WHEREAS, the Basic Agreement defines those facilities that should be part of the Metropolitan Sewerage System as those which serve a natural drainage area of one thousand acres or more; and WHEREAS, in 2006 the City constructed the Central Plateau Interceptor, an 18-inch sewer main that connects to the existing Cedar River Trunk Line, continues northerly up 154th Avenue SE, across the new Elliott Bridge, and splits into two 15-inch lines approximately 1200 feet north of the bridge, together with any and all related facilities, including without limitation, manholes, vents, ducts, vaults, odor control facilities and other necessary and convenient equipment and appurtenances (collectively referred to herein as the "Interceptor"); and WHEREAS, the Metropolitan King County Council, on November 30, 1999, adopted the Regional Wastewater Services Plan (RWSP) and the plan, as amended, contains uniform criteria to be used throughout the County's wastewater service area for determining the ownership, operation and financing of interceptor and trunk sewers; and WHEREAS, the Interceptor meets all criteria established by the RWSP for inclusion in the County's metropolitan sewerage system; and WHEREAS, the City now desires that the County assume ownership of and responsibility for the operation, maintenance, repair and replacement of the Interceptor; and WHEREAS, reimbursement to the City for the cost of constructing the Interceptor has been determined in accordance with King County Code 28.84.080; NOW THEREFORE, it is hereby agreed as follows: Page 1 of 4 II. PURPOSE The purpose of this Agreement is to provide for the transfer of ownership of the Interceptor from City to County and specify the amount City will be reimbursed for the Interceptor. 111. CONVEYANCE OF THE CENTRAL PLATEAU INTERCEPTOR TO THE COUNTY Within 30 days from the date of this Agreement the City shall grant County a bill of sale, substantially in the form attached hereto as Exhibit A, for the Interceptor, warranting title thereto in County. From and after the effective date of the bill of sale, County shall own and have the sole responsibility to operate, maintain, repair and replace the Interceptor from the existing Cedar River Trunk Line at the City's MH R10-52, traveling northerly for approximately 2,200 feet as described and depicted in Exhibit B, attached hereto and incorporated herein by this reference. IV. WARRANTY City warrants that the Interceptor was constructed in a good and workmanlike manner and is free from any defect in equipment, material, design, or workmanship at the time of transfer to County. V. CITY REIMBURSEMENT Following conveyance of the Interceptor to the County, the County shall reimburse City for the cost incurred to construct the interceptor. The cost is determined to be $549,067.66. Said reimbursement shall be made in a single payment no later than 20 days after City's transfer of the Interceptor to County via the attached bill of sale. VI. BASIC AGREEMENT UNCHANGED All provisions of the Basic Agreement shall remain in full force and effect as written therein. VII. TERMINATION This Agreement shall terminate upon fulfillment of the obligations of the Parties to one another. The warranty provision in Section IV shall survive the termination of this Agreement for any reason. Page 2 of 4 'III. DISPUTES If a dispute arises between the City and the County, the Parties agree that they will attempt to resolve the issues through mutual negotiation. In the event the Parties are not able to reach an agreement through such negotiation, the Parties agree to engage in mediation in order to resolve the dispute. Mediation may be requested by either party, and shall be attempted prior to the institution of any lawsuit arising under this Agreement. The Parties agree to share the costs of mediation equally. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of Washington and that the venue of any action brought hereunder shall be Seattle, Washington. IX. CHANGES AND MODIFICATIONS Either party may request changes, amendments, or additions to any portion of this Agreement; however, except as otherwise provided in this Agreement, no such change, amendment, or addition to any portion of this Agreement shall be valid or binding upon either party unless it is in writing and signed by personnel authorized to bind each of the Parties. All amendments shall be made part of this Agreement. X. ENTIRE AGREEMENT These provisions represent the entire agreement of the Parties and may not be modified or amended except as provided herein. Any understanding, whether oral or written, which is not incorporated herein is expressly excluded. XI. NO THIRD PARTY BENEFICIARY Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. This Agreement shall not confer any right or remedy upon any person other than the Parties hereto. This Agreement shall not release or discharge any obligation or liability of any third party to either Party herein. XIL AUTHORITY The individual signing this Agreement on behalf of the City of Renton represents and warrants that he or she has the authority to enter into this Agreement on behalf of the City and to bind the City to the terms and conditions contained herein. The individual signing this Agreement on behalf of the County represents and warrants that he or she has the authority to enter into this Agreement on behalf of the County and to bind the County to the terms and conditions contained herein. Page 3 of 4 IN WITNESS WHEREON', the Parties hereto have executed this Agreement as of tiie day and year first written above. KING CO Y By: CW'S4e'fruev'b)rec or D artment o atural Resources /and Parks DATE (Cl L CITY OF -NTON r By: Y�c Denis Law, Mayor DATE 12 2J c7 t'i ATTEST: Bonnie Walton, City Clerk Page 4 of 4 Exhibit A Recording Requested By ?u d When Recorded Mail To: King County Wastewater Treatment Division Permitting and ROW Section 201 South Jackson Street, Suite 500 Seattle, WA 98101 BILL OF SALE Grantor(s): City of Renton, a municipal corporation of the State of Washington Grantee(s): King County, a political subdivision of the State of Washington This Bill of Sale is made by and between City of Renton, a municipal corporation of the State of Washington ("Grantor") and King County, a political subdivision of the State of Washington ("Grantee") and collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Parties entered into an Agreement "Regarding Acquisition Of The Central Plateau Interceptor" (hereinafter the "Agreement"); and WHEREAS, the Grantor has constructed the Central Plateau Interceptor, together with any and all related facilities, including without limitation, manholes, vents, ducts, vaults, odor control facilities and other necessary and convenient equipment and appurtenances (collectively referred to herein as the "Interceptor"); and WHEREAS, the Agreement sets forth the conditions under which the Grantor will transfer ownership of the Interceptor to Grantee; and WHEREAS, the conditions set forth in the Agreement for the transfer of ownership to Grantee have been met; NOW THEREFORE AND IN CONSIDERATION of the mutual covenants between the Parties recited herein: l . In consideration of the Grantee's execution of the Agreement and the covenants contained herein, Grantor hereby grants, bargains, sells and transfers to Grantee, the Interceptor described in the attached Exhibit 1. 2. Grantor warrants that is the lawful owner of the Interceptor and that the Interceptor is free from all encumbrances, that all claims for labor and material for said Interceptor have been paid, that Grantor has the right to transfer same and that Grantor will xx7arrar:tgnd defend title to the Trterce"tor against claim �nri .iam anr�a �i—y „arc+-- Y S" ulau uvuawauJ va Clam l aJVaaJ whomsoever. The Grantor and Grantee agree that the sale of the Interceptor is subject to the terms of the Agreement and that, as of the effective date of the Agreement, the Grantor is not responsible for any maintenance, repairs or service of the Interceptor or the operation and use of the Interceptor. 4. Grantee, by accepting this instrument, binds itself, its successors and assigns to operate, maintain, repair and replace the Interceptor at its own cost and expense. Dated this day of December, 2010. GRANTOR: CITY OF RENTON GRANTEE: KING COUNTY By: By: Denis Law, Mayor Christie True, Director Department of Natural Resources and Parks DATE: DATE: ATTEST: Bonnie Walton, City Clerk Page 2 of 2 Area of Gterest { m 18 SE`N O Exhibit 1 C� 4NZ h� n RE•CEDARCM O-S2 5323040 M 152NDI STJ 0 KC-WTD Manholes O Renton WW Manholes — Renton WW Conveyance 'KC-WTD Conveyance Conveyance to be Transferred 18" Sewer Main EL 11 Kin CountyRenton 9Central Plateau Interceptor Department of Natural Resources and Parks r� n 250 Section 2 Wastewater Treatment r-' Conveyance to be Division Transferred to King County Exhibit B k'® f; Area of Interest p w , J v QJ� SF` 5323040 W CO 0 ® KC-WTD Manholes O Renton WW Manholes Renton WW Conveyance �KC-WTD Conveyance Conveyance to be Transferred 18" Sewer Main King County Renton Department of Central Plateau Interceptor Natural Resources and Parks 2w 125 U 250 Section 2 Conveyance to be Wastewater Treatment p,,.„e,,,,,, F» Convey Division Transferred to King County