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HomeMy WebLinkAboutContract OP AGltE tI8NT . 111IS AGREEMENT, mado and entered into this 27th day of March, 1964, by and between CASCADE SEdER DISTRIiCT, a municipal corporation of the State of .Jashingtolij heteinaftor caliod "DISTRICT', and the Ctly OF RENTON,° a municipal corporation of the State of Jashinpton, hereinafter called "GITY", d I TN E S S E Tit: THAT :11EREAS, the District and the City are situated configuotlsly in King County, State of '.Jashington, and :JItEREAS, the District has Prepared construction Plans and called for contract bids for construction of an intercepter sewer line to extend from the present sewer system operated by the District, within its boundaries, and to run through certain portions of the City to collection trunk sewer lines constructed by the Municipality of Notropolitan Seattle, and '111EREAS, certain areas horeinafter described situated within the boundaries of the City may also be served byuse of said interceptor line, thereby eliminating the necessity of the City constructing such trunk facilities, and 11IIEREAS, the District is willing and able to construct and pay for the costs of said line and the City is willing and desirous to reimburse the District for an agreed upon portion of said construction costs, according, to the terms and conditions hereinafter sot forth. N94, MIEREFORE, IT IS 11EREBY MUTUALLY COYEVAIVTED AND AGREED by and between the parties hereto as follows: 1. That the entire construction cost of said interceptor line, according to the onginoerinp, plans therefor, heretofore rrepared by the District and approved by the City, shall be paid by the District. 2. That said line shall be constructed through and across certain areas within the City of Renton, king County, .lashington, described as follows: Tile following description located in "ing County, 11ashington, described the contorline route of the proposed Interceptor Sower from its point of discharge into the Trunk Sewers of the Municipality of Metropolitan Seattle to the Southerly line of the Seattle Codar River pipe line right-of-way, which is also the city limits of Renton: Beginning at the intersection of the North line of the ME 1/4 of Section 21, Township 23 North, Range S East ...d1., and the Nortlnacsterly margin of the City of Soattle's Mercer Islland pinelino R/..,, said intersection also being ;forth 89000124' host 1112.45 feet from the Northeast corner Of said Sec. 21; thence South 28023154" 1lest along said 'Jorthwesterly margin 1,008.02 feet; thence South 61036106" East ncrnendicular to said Northwesterly margin 5.00 feet to the true noint of beginning; also being existing Ildtro t.:I. R-10-33; -1- (1) cc South 28023'S4" ;Jost 913.00 foot;• (2) cc South 87004109" Host 84 4SO feet; (3) thence North 32001'11" West 133.00 foot; (4) Thence North 80o1S103" Uost 1,213.76 foet; (S) Thence South 14013142" :lost 421.90 foot; (6) Thence South 360271S711 ,Jost 428.92 fact; (7) Thence South 40052144" Jest 19S.69 foot; (8) Thence South 72039141" Jost 282.20 feet; (9) Thence South 48008123" '4ost. 301.00 foot; (10) Tlienco South 14026'S9i' ',Jest 54,0 fcet; (11) Thence South 41051'37" East .742.O0 feet; (12 Thence South 47041'00" East 162,13 fdbtl (13 Thence South Ilb26'S4" Illest 603,91 feet; (14) Thence South 11003108" West 104.00 feet. The entire ro4te of i6e interceptor sewer within the City of Renton, the conteriitlo of which isdescribed above, is located on easements except the fbilowina„ which are on Public Right of Way: City of Renton streets The most Southwesterly lOS.00 feet of Course (9); All of Course (10); The most Northwesterly 37.49 feet of Course (11). The City shall grant to the District a permit for the construction, operation and maintenance of said lino, subject to the terms and conditions of this Agreement. 3. That said line shall be used, operated and maintained by the District and by the City for service of their present and future customers for transferring sewage collected by tiro District and by tiro City within their respective territories for delivery to the Motro trunk lino and no payment or service charge therefor shall be required by either of these parties one to the other for the privilege of such use, other than as hereinafter set forth herein for reimbursement of construction costs, maintenance and repairs. 4. That the City shall have the right to authorize connections to said line by property owners of property situate.. within the boundaries of the City of Renton, King County, Washington, described as follows: That portion of Sec. 21, Township 23 North, Range S East W.M. lying South of the Cedar River and North of the South line of the Seattle Cedar River Pipeline R/11, except the East 1/2 of Southeast 1/4 and except the Southeast 1/4 of Northeast 1/4 of said Section 21; Also, that portion of the Easterly 1/2 of Sec. 20, Township 23 North, Range S East W.M. from which the sanitary sewage is carried Easterly or Southeasterly in the future across 116th Ave. S.E. and into said Sec. 21 or into Sec. 28, Township 23 North, Range S East 11.1.). under such terms and conditions as the City may establish for makinP such connec- tions. The City shall also have the right to authorize connections to said line by property owners of property which may hereafter annex to the City, under the same terms and conditions as provided herein for properties now situated within the boundaries of the City. -2- S. No person, or corporation shall be granted * it, or be author- ized to tap into, itookOtto, or use said sower interceptor ling list hereinabove described, during a period of thirty (30) years from date hereof without first paying unto the City, in addition to any and all other costs and charges made or assessed for such hookup, talc, or use, an amount of not lass than $.013 per square foot of area included in any such properties ft which connections are allowed by the City. All amounts received by the City shall be paid out by it unto the District under the terms of this Agreement within sixty (60) days after receipt thereof, Furthermore, in case any tap, hookup, or connection is made into any such interceptor sewer, Without such payment first having, been made as hereinabove set fortes, the City Council of the City of Renton may remove, or cause to be . removed+ Aich unauthorized tap, hookup, or connection, and all connecting. the or pipe located in the facility right-of-way, and dispose of unat+therized materials so removed, without any liability whatsoever to any party, It is expressly understood that the aforesaid minimum charge per square foot, (based on the provisions of R.C.i). 3S.92.025),sitall not prevent the City from adding or imposing such other reasonable charge for collection and bookkeoring services, including taxes, if any, that may reasonably be incurred by the City, in providing for the collection service herein undertaken for and on behalf of the District; it being stipulated that the aforesaid per square foot rate is solely a method of measurement of the amounts duo and owing to the District for properties allowed to connect and use said interceptor line facility. 6. 17tat as between these parties, it is stipulated that the nronortionate share of costs of said interceptor line, as located within the boundaries of the City, is approximately $60,000.00 and that it is the District's intent to be reimbursed by the abutting property owners for such costs. It is expressly agreed and covenanted byand between the parties that the City does in no way warrant payment of any such sum, or sums, during the life of this Agreement, and that the City's obligation hereunder shall be limited solely and exclusively to the collec- tion of charges, asabove stated, from property owners who wish to hook up and connect to said interceptor sower trunk line. No interest shall be charged the City upon such sum, or any other sum, bythe District, and the City's agency for collection purposes on behalf of the District shall not impose in any way any liability or other costs upon tite City, and the District hereby agrees to hold the City harmless from any liability relating, to the costs of installation, or the District'shonded indebtedness in connection therewith. -3- 7. That Pa�ntenance costs, repairs And operation necessarily incurred for said interceptor line within the boundaries of the City shall be borne on a proportionate basis determined on the same ratio as the number of users served by the b ittrict beafs to the number of dsors sbrved 6y the City using said inter- captor line. Damage to said interceptor line which may be used bythe nepfipence of either these parties, their agents or assigns, shall be repaired by the responsible party. S. That ownership of said line shall remain in the District until the expiration of a period of thirty (30) years from data hereof or payment in full of the present bonded indebtedness of the District or subsequent bonded indebtedness incurred for the purpose of refinancing thereof shall have been paid in full, whichever event shall come first, or as otherwise provided by law. Thereafter, the City shall be under no further obligation to collect or remit any other or further sums to the District as reimbursement for construction costs and owner- . ship of said lino shall be jointly vested in the District and the City, with full and complete right of use thereof allowed to each party and with expenses of maintenance thereof continued upon the same proportionate basis as hereinabove set forth. 9. In the event said line shall become inadequate to serve the entire area lying within the District and the City, preference shall be given to the District and its users and the City shall, as additional lines become available, divert sewage collected within the District into narallel and additional trunk lines, which it is contemplated would then be available as lines necessarily constructed in development of said properties to such extent. IN III774ESS 1'JIIEREOF, the parties hereto have set their hands and seals this 27thday of March, 1964. CASCADE SC"!ER DIS RICT a' d, is rman �`��ary CITT OF EM' By: �5�rce Attest: Mayor City Cler i STATE OF 11ASHINGrON ) ss. COM OF KING ) On this 27th day of March, 1964, before me. the undersipfied, a Notary Public in a -for the State of uashington, duly commissioned and sworn, Persorally appeared LOWELL V. LECKBNDY and QIARLES w. BAYLESS$ to ma known to be the Chairman and Secretary, respectively, of CASCADE SE:;ER DISTRICT, a municipal corporation of the State of tJashington, the corporation, that executed the foregoing instrument and acknowledged • o led ed the s o to be the free and voluntary act and deed of said corporation, for the uses~ and purposes therein mentioned, and on oath stated that they are authorized to execute the said Lnstrument and that the seal affixed isthe corporate S091 of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. notary u . c n an a ate of Uashington, residing at Renton STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of f�las+eh, 1964, before me, the undersigned, a Notary Public in an or thAcS tGe of ' _shington, duly commissioned and sworn, personally appeared E-Ikk and HEMIE NELSON, to me known to be the Mayor and City Clerk, resnoctively, of THE CITY OF RENTON, a municipal corporation of the State of Washington, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and dead of said corporation, for the uses and Purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. ;1ITNESS my hand and official seal hereto affixed the day and year in this certificate above written. otalq-Public in and for the State of Washington, residing at Renton -S- RATIFICATIO14 OF AGREEMENT The. undersigned, being the principal owners of properties hereinabove described, situated within the boundaries of the City of Renton, in consideration and recognition of the obligations incurred by the City of Renton under the terms and conditions of the foregoing Agreement, do hereby ratify and acknowledge the obligations thereof to the extent that said Agreement affects our real prorerty hereinabove described. tie do hereby acknowledge upon behalf of ourselves, our heirs, executors and assigns that none of our said properties may be connected to the sewor trunk main being constricted by Cascade Sewer District until payment has been made to the City of Renton of such connection and hook-up fees as may be established by the City, which amount will include the $.013 obligation of the City to the District as hereinabove described. DATED this day of March, 1964. \ VIKING I:NESTM ENT CORPORATION l ay: , 'Ptest Q . real er ATtNE G. GOEDE KE, n v lly.and as Attorney-in-Fact for Louise M. Goedecke, his wife STATE OF JAS11INMN ) ss. COUNTY OF KING ) On this 3a— day of March, 1964, before me, the undersigned., a Notary Public in nn n�i`or the State of Washington, duly commissioned and sworn, personally appearod K. A. SAMICK, JR. and ROBERT C. DETRICH, to me known to be the President and Treasurer, respectively, of VIKING INVEST6MNT CORPORATION, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public n a or the a of Washington, res ding at STATE OF {VAST{INGTON ) ss. COUNTY OF KING ) On this .36 day of March, 1964, before me, the undersigned, a Notary Public in an for the State of Washington, duly commissioned and sworn, personally appeared ARNE G. GOEDECKE, Individually and as Attorney- in-Fact for Louise M. Goodecke, his wife, to me known to be the individual that executed the foregoing instrument snd acknowledged the said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. JITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in an e e or t of :lashington, residi g at _lel'