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Home My WebLink AboutLA 6626492 von � 303 PAGE 436 - G628192 `' AGREEMENT THIS AGREEMENT made and entered into this 91- t day of - sr-771970 by and betty en the City of Renton, hereinafter referred rr • to as "City" , Issaquah chool District #411, hereinafter referred to ?u as "School District" and King County Water District #90 , hereinafter referred to as "Water District" ; WITNESSET H: WHEREAS School District is contemplating the construction of a certain elementary school located within the present boundaries of Water District and WHEREAS both such Districts have petitioned the City of Renton to provide for the installation, construction and hookup to the city' s existing sewer system as herein below set forth and WHEREAS all of the parties are agreeable to accomplish the foregoing subject to the terms and conditions herein below'�set forth, NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS : 1. The 'Water._ -District is hereby given permission by City to build, construct and install a certain 8 inch sewer line over, unto and across the following described property, a distance of app. 200 feet to-wit: On S .E. 116th Street, from approximately 195 feet East of 140th Ave. S .E . to existing manhole located 5 feet, more or less , West ,,of 140th Ave. S.E. and to hook up said line to the City' s existing sewer installation lo- cated as follows : Existing MH on S.E. 116th S, reet approximately 5' west of 140th Avenue S.E. —1— voi 303 PAcf 43.7 • 2 . It is expressly understood and agreed that said sewer installation, service and maintenance thereof shall be limited to and for the purpose of servicing the proposed elementary school to `• 1" be built by School District in the vicinity of Southeast 116th Street and 148th Avenue Southeast, and for no other purpose. 3 . All of such work, whether for labor, material, secure- ment of easements and other right of way, shall be at the sole cost and expense of the parties other than City and City shall be held harmless from any liability or cost in connection therewith whatsoever. 4. All expenses and costs for the maintenance , replace- ment and servicing of said sewer line, when so installed and connected, shall be at the sole cost of Water. District. 5. Water_ District further agrees to pay unto the City the regular sewer charges as provided for by the City' s ordinance for quasi-municipal corporations and located outside the City limits , to- gether with any and all charges imposed or assessed by the Municipality of Metropolitan Seattle, known as "Metro." 6 . In further consideration of City entering into this Agreement , School District agrees , at its cost and expense, to enlarge that certain wet well for the existing city lift station located at Sunset Boulevard East and Union Avenue N. E. in order to adequately accommodate the additional sewage volume anticipated from said School District' s elementary school. 7. SchOol District shall deed unto the City by Bill of Sale and/or Quit Claim Deed that certain section of gravity system to be constructed at the westerly end of the proposed extention, and all as more particularly shown on the attached exhibit, labeled "Exhibit A" , which is incorporated herein and made a part hereof which said Exhibit shall also govern the location and construction of subject sewer line. Such transfer and conveyance shall be made without cost unto City. -2- voL . 303 PACE 438 . .Y • 8 . All of the plans , specifications , and terms of such construction project shall be submitted unto City and "Metro" for their Cq prior written approval and no work shall be undertaken until such approval 74111 has been secured. CQ .;� 9 . Water District , provided it is responsible for the in- stallation of said sewer line, shall retain ownership thereof; but in the event the area containing said sewer extension, or any portion thereof, is hereafter annexed unto the City of Renton as provided by law, then Water District shall promptly and timely convey such sewer line unto the City of Renton, without cost or expense to City, and Water District shall thereupon promptly execute and deliver unto the City its Bill of sale therefor. 10 . This Agreement shall be in effect for a term of 10 years or until such time as Water District has developed and constructed its own trunk sewer system to service the property of School District at which time the City will discontinue its service to the School District and 'Water District shall promptly pay all charges and expenses up to the effective date of such termination. Water District shall give at least ninety (90) days prior written notice unto City prior to the effective date of its service unto the School District. In the event, however, that Water District has not constructed and put into use its own trunk sewer line upon the expiration of this initial term, then both districts shall have the right •to renew such term for a further period of 10 years upon such terms and conditions as the parties hereto may agree on. 11; All construction shall be performed in compliance with all applicable building codes and upon approval, in addition to the City as hereinabove stated, of all governmental agencies having or claiming jurisdiction thereover. -3- •• • voi 303 PACE 439 • • 12. School District and Water District, severally and jointly, hereby agree and covenant to hold the City harmless from any (44 liability, cost or expense in connection with the aforespecified sani- tary sewer project , its construction, maintenance and replacement, whether '' 'to' . person or persons or damage to property or both. In the event City is joined as a party defendant in any litigation or claim arising out of or in connection with the aforesaid sanitary sewer pro- ject, then both Districts agree to promptly and timely defend such matter or such claim on behalf of the City of Renton without cost or expense to the latter. IN WITNESS WHEREOF, the parties hereto have hereunto set their •hands and seals the day and year in this instrument first above written.1.44 }�h•• • }taxa�`� ► k igtg,?�� KING COUNTY WATER DISTRICT #90 44;.,Y44:$ ide .,.i-` y'-��'a, ;3:►'r. •moi-. y A y�y" r, .! • ~ / —9� /AS _ ill _��• / .4t42N0:4 ,t4 ISSAQU2 ,,AHOUJ DISTRICT #411 C(B's STATE OF WASHINGTON ) COUNTY OF KING ) ss On this y.I day of,t't-C- / , 1970 , before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn personally appeared t el andA2 )'�P-�,-to me known to be the and �� respectively, of the City of Renton, a municipal corporation that executed the foregoing instrument , and acknow- ledged the said instrument to be the free and voluntary act and deed of said corporation 441 ,t�ie uses and purposes therein mentioned, and on oath stated , i .� that- ;. ''' `T:.'.r . ed to execute the said instrument and that the seal affixed is the •4' %.:1,,r0i044Ntoof said corporation. • WITNESS :1,,,,..;thandtaild -64.icial seal hereto affixed the day and _year in this certifi. , bpve w] Lt3 en. -- 0 4;t;.4 'k: No ary Public in and for the state off' Washington , residing at Renton -4- vo . 303 PACE 440 r: e' . , STATE OF WASHINGTON ) ) ss COUNTY OF KING ) tA On this ,?,17 day of v/d 141/4 re y , 1970 , before me, the under- signed, a Notary Public in and for the State of Washington, duly com- C\1 missioned and swain personally appeared 0 ? O'C044/ ow' and `=M ad c ft- ,rd Y ff p... to me known to be the C l+dt's, losui h and '' .Pee vefdey , respectively, of the King County Water District No. 90 , the corporation that executed the foregoing instrument ,and ac- knowledged 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 Vey 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 a�3 , 4 .:n this certificate above written. , 27.0 e\fi, v.i4;,41., 4:5 cAtZe1/19-11V4i1L, Fes .. .r �,* Notary Public in and for the State :r, Co Mk-xi, -. of Washington, residing at Renton e "std<h�'.. STATEOT TWASHINGTON ) ) ss COUNTY OF KING ) On this 9th day of February , 1970 , before me, the under- signed, a Notary Public in and for the State of Washington, duly com- missioned and sworn personally appeared John 0. Fish and Harvey T. Hand to me known to be the President and Secretary , respectively, of the Issaquah School District No. 411, 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. r ,ty:ii,e 1,ikri ra,t1\11; r 1 •:, 6..,e,o-4,4-9----- ;o ,•� G ' x`r Notate Pubiic in and -for the State . P v L. ^� = of Washington, residing at-*fin 1 '•. 1.T„ •., .a.,y• % -5- Fifed for Record `M m' S 197 t9 JO..Kf A.M. Request of CITY CLERK OF'7 EDWARD J. LOGAN, Recorder