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Home My WebLink AboutContract IOW '01100° CAG-07-113 CITY OF RENTON AND KING COUNTY WATER DISTRICT 90 AGREEMENT FOR THE TRANSFER OF SEWER FACILITIES This agreement made and entered into this /t day of , 2007, by and between KING COUNTY WATER DISTRICT 90, a municipal orporation, hereinafter referred to as "THE WATER DISTRICT", and the CITY OF RENTON, a Washington municipal corporation hereinafter referred to as "RENTON", all having been duly organized and existing under and by virtue of the laws of the State of Washington, WITNESSETH: WHEREAS, RENTON provides public services, including water and sewer service, within its prescribed area; and WHEREAS, THE WATER DISTRICT provides water service within its prescribed area; and WHEREAS, THE WATER DISTRICT has had constructed certain sewer facilities which exist in areas which are within RENTON's sewer service boundary, and which can efficiently be managed, operated and maintained by RENTON in conjunction with other facilities in the City; and WHEREAS, it is in the public interest for the parties herein to enter into an agreement that provides for the transfer of those sewer facilities to RENTON; now therefore, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Transfer of Sewer System to RENTON. The facilities listed below (commonly referred to as "Briar Hills Dry Sewers") and as shown on Exhibit"A" Drawing, are hereby transferred to RENTON by THE WATER DISTRICT. The facilities so included are: • Approximately 56—48" Manholes • Approximately 3540 Linear Feet of 8-inch Concrete Sewer Main • Approximately 690 Linear Feet of 10-inch Concrete Sewer Main • Approximately 683 Linear Feet of 12-inch Concrete Sewer Main • Approximately 2809 Linear Feet of 15-inch Concrete Sewer Main • Approximately 5224 Linear Feet of 8-inch PVC Sewer Main • All Appurtenances Associated with these Facilities THE WATER DISTRICT acknowledges that, pursuant to this agreement, they no longer have any claim or ownership to the facilities listed above. THE WATER DISTRICT agrees to execute a Bill of Sale document for transfer of the facilities. Upon completion of an executed Bill of Sale from THE WATER DISTRICT, RENTON hereby agrees to manage, operate and maintain the transferred facilities. 2. Transfer of Easement and Right-of-Way Documents. THE WATER DISTRICT shall execute any documents or deeds necessary to transfer or assign the Easement and Right-of-Way documents for the facilities described in Paragraph 1 above to RENTON, Page 1 Noe ,0110, (provided,that THE WATER DISTRICT may retain rights to concurrent use of rights- of-way or easements as necessary or convenient to the operation of THE WATER DISTRICT's system), and RENTON agrees to accept responsibility for all maintenance or other actions required by said document. Each Agency shall be responsible for its own costs associated with this transfer. THE WATER DISTRICT shall not have any liability for disputes arising over said rights-of-way or easements so transferred or assigned. 3. Disclaimer from Third Party Liability. THE WATER DISTRICT has not operated a sewer system and has not utilized, inspected, repaired, or maintained the facilities to be transferred. THE WATER DISTRICT transfers the facilities"As Is" in their present condition without warranty or representation of condition or their suitability for RENTON's intended use or any other warranty or representation of any kind whatsoever. THE WATER DISTRICT shall not be liable for any claims by third parties arising from acts or damages by RENTON or its customers, arising from the use of the facilities transferred to RENTON pursuant to this Agreement, including, but not limited to, any disruption of service related to this transfer. RENTON shall hold harmless and indemnify THE WATER DISTRICT from any claim within the scope of this paragraph which may be made by third parties and which indemnity shall include all costs, including reasonable attorney's fees, related to defense of such action. 4. Frontage Charges. RENTON will not charge any frontage or similar costs to those customers that have an existing main fronting their property that is transferred to RENTON by this agreement; provided RENTON may collect usual and customary connection charges and special assessment district charges common to new customers connecting to the system, and provided that further subdivision of said customers property will not preclude RENTON's ability to apply any frontage charges that may be triggered at the time of development. 5. Conflicts. In the event that RENTON's sewer utility operations and/or facilities within the Existing Briar Hills Dry Sanitary Sewer Area, identified as Exhibit"A", interfere or otherwise conflict with THE WATER DISTRICT's existing operations and/or facilities within the same area identified on Exhibit"A", RENTON shall be responsible for any and all costs associated with any relocation or modification of THE WATER DISTRICT's existing facilities. In the event that RENTON or THE WATER DISTRICT proposes new facilities that interfere with the other's operations or facilities, other than the Water District's existing facilities as defined herein,the parties will cooperate to achieve the least expensive, sound engineering solution. The term "new facilities"does not include normal maintenances, repair or replacement of existing facilities identified in Exhibit"A". 6. Sanctity of Agreement. This agreement constitutes the entire agreement of the parties, and there are no representations or oral agreements other than those listed herein,which vary the terms of this agreement. Future agreements may occur between the parties to transfer additional facilities by mutual agreement. 7. Obligations Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities or obligations of THE WATER DISTRICT or RENTON regarding provision of services provided by each of the parties herein, except as specifically set forth herein. Page 2 8. Cost Of Transfer. Unless otherwise specifically stated in this agreement, each agency shall be responsible for its costs associated with this transfers including but not limited to staff costs or attorney's time to review this agreement or documents arising out of this agreement. RENTON agrees to prepare all documents required to allow for the transfer of the facilities identified in this agreement. / > ■ DATED this I/ day of 9art _1 , 2007. Approved by Resolution No. 3881 of the City COW!ctl of the City of RENTON, Washington, at its regular meeting held on 4 day of June , 20 07 CITY OF RENTON By: f Kathy yK�Keo4ker Title: Mayor ATTEST: `.ii,.„ . Bonnie I. alton,City Clerk Approved by Resolution No. 8 60 of the Board of Commissioners of King County Water District 90 of King County, Washington, adopted at its regular meeting held on 1 STday of Al ay , 200 7 KING COUNTY WATER DISTRICT 90 By: Title: VA/t---es'. Page 3 { 1 . e06, .17z.. A 33 32 31 1 164 165 14 47 ._ ••• 1 fJ - '7 C, .. , 9,W 9 SE U3rd/Cy SE 133ra St '� • s r, L/ I /8 •3 051 -�`�-' =••'• 805 1 167 54 /;. ��^ _ .. •• • - r •I�i!.�3 - m 44 r J;1 K'rtl $t Fi 1 801 �' m 4$ : v �' — -------11' l34 '\ •G:- � 2ncEt '• ti o� __St_ S t_ x, '.13"' '14P.,-,,:''', 78 77 0 74 -. _. _ _ 2 ;r 13 112 C.. .d 164 122 161 EAST RENTON W LIFT STATION SE 137th St 165 L-31 144 e• .143 Private o-i.. . .-_. a - - 145 136 _ - ,� • m 140 .. .. _ • • ES `� SE.137th LIFT STATIC 146 142 141 ' - _- -- -- -- a et L-34 7 SE 13 8th PI m g E 138th p _ • ^ '._..__ _1_._ _.-_ : 1 e _.._ _..__ Cr MI+P + 1 GT i \ °�r SE 134 �Pl 1 a SE'139 1 -SE-l4IIth.S3—_ I \ /1-.7' --i lC:0 0:1. 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