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METRO - RENTON WATER MAIN EXTENSION AGREEMENT
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THIS AGREEMENT , made by and between the CITY OF RENTON,
WASHINGTON , a municipal corporation of the State of Washington
( hereinafter referred to as the "City" ) , and the MUNICIPALITY OF
METROPOLITAN SEATTLE , a metropolitan municipal corporation of the
NState of Washington ( hereinafter referred to as "Metro" ) ;
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O WITNESSETH :
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WHEREAS , Metro Contract 71 -2 for enlargement of the Metro
Renton Treatment Plant ( hereinafter referred to as "the Plant" )
will require the abandonment of an existing City water main that
serves the Metro plant ; and
WHEREAS , the abandonment of the existing water line negates
a previous Metro agreement with the City ; and
WHEREAS , it is to the advantage of both parties concerned
to provide a new water service -1-o the Plant by extend-i na an existing
City water main ; and
WHEREAS , the Metro property and the proposed water main
extension ( hereinafter referred to as "the extension" ) are all
within the corporate limits of the City ;
NOW , THEREFORE , in consideration of the mutual covenants
. contained herein , it is hereby agreed as follows :
Section 1 . Design and Construction of the Extension . Metro
shall construct a water main extension "to serve the Plant as indi -
cated on Exhibit 1 which is attached hereto and by this reference
made a part hereof , according to plans and specifications to be
prepared by Metro and approved by the City . The City shall acquire
all permanent rights of way therefor . Metro shall let the contract
for such construction after the approval by the City of the plans
and specifications and shall be responsible for completion of the
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work, including the connection of the extension to the existing
public water service facilities of the City . All costs incurred
(` in the construction of the extension shall be paid 'by Metro . The
O City shall inspect the extension being constructed at such reason-
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N able times and in such manner as the City may deem necessary and
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OQ shall bear the costs of such inspection .
Section 2 . Ownership and Maintenance of the Extension .
Promptly after the completion of the extension the City shall , if
the extension conforms to the plans and specifications therefor,
notify Metro in writing of the City ' s approval of such construction ,
and upon receiving notice of approval Metro shall convey the exten-
sion to the City by deed or assignment in form satisfactory to the City
and at no cost to the City , except as set forth in Section 4 hereof .
Metro shall furnish to the City along with said conveyance as-built
construction plans of the extension . The extension and other water
mai .1 facilities previously built by Metro, from the connection thereof
with the existing City water main up to but not including the Metro
water meter , shall hereinafter be referred to as ''the Metro water
main facilities" . Upon such conveyance the City shall own and shall
be responsible for all maintenance , operation , replacement or repair
of the Metro water main facilities . In addition , after completion
of the construction of the extension by Metro and after written ac-
ceptance of the extension being received by Metro , the City shall
have the right to salvage that portion of the existing water main
previously built by Metro which is no longer necessary to furnish
water to the Plant . Said salvage work shall be completed within
six (6) weeks after notification of the completion of the extension
is given to the City by Metro , and shall be coordinated with the . .
Contractor for Metro ' s Contract 71 -2 . The City agrees to restore
any Metro property disturbed by the salvage operation to the satis-
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faction of Metro and to reimburse Metro for any damages done to
Metro property or improvements which are not repaired . The City
shall also hold Metro harmless for any and all claims arising out
of the salvage operation due to any injuries to person or property .
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(rj Section 3 . Charges by the City . Upon approval and acceptance
c0 of the Metro water main facilities , the City shall charge such rates
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r' for water distributed therefrom as it may be authorized by law to
establish , provided that for the purpose of applying such rates
Metro shall not be classified separately or differently from all
other water users with water meters of equal size . It is agreed
that the existing eight- inch ( 8" ) magnetic flow meter installed by
Metro shall be considered to be equivalent to the standard eight-
inch ( 8" ) meter used by the City . It is further agreed that in
consideration for the construction of the extension and the con-
veyance of the Metro water main facilities to the City , the City
shall relieve Metro of any assessments or fees levied by the City
-for any future water main facilities constructed by the City in
the vicinity of the Plant .
Section 4 . Reimbursement for Direct Service Connections .
. No person , firm or corporation shall be granted a permit or be
authorized to be served directly from the Metro water main facilities
without first paying to the City , in addition to any and all other
costs , assessments or fees made or assessed for such direct service
connections as prescribed by the Ordinances of the City of Renton ,
the amount required by the provisions of this Agreement . All amounts
received by the City shall be paid to Metro within the time specified
herein . Furthermore , in case any direct service connection is made
to the Metro water main facilities without such payment having first
been made as herein set forth , the City Council of the City of Renton
may remove , or cause to be removed , and terminate such unauthorized
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direct service connection located in the facility right-of-way ,
and dispose of the unauthorized material so removed , without any
liability whatsoever to any party .
It is agreed that the total cost for construction of the Metro
water main facilities is $96,832 .00 . Such sum represents the expen-
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cp diture incurred by Metro for construction of said facilities . The
N amount of the charge to be reimbursed to Metro by the City shall be
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on a per front foot of property served basis on each side of the
Metro water main facility and represents one half of the estimated
cost of constructing said facilities as based upon comparable City
water main projects . The following unit costs shall be- used in
determining the connection charge :
1 . Between points A and B on Exhibit I - $5 .00
2 . Between points B and C on Exhibit 1 - $6 .00
3 . Between points D and E on Exhibit 1 - $9 .00
Direct service connections between points C and 0 on Exhibit I shall
be authorized only upon further agreement between Metro and the City .
Connections to the Metro water main facilities for City fire hydrants
shall be exempt from any connection charge . The amount of the charge
and per front foot of property benefited by a direct service connection
to the Metro water main facilities shall be determined by the City ,
approved by Metro, and shall be final and conclusive in all respects .
All amounts received by the City for direct service connections to
the Metro water main facilities shall be paid by the City to Metro
within thirty ( 30 ) days after the receipt thereof , except that the
reimbursement charges as set forth above shall be limited to a period
of fifteen ( 15 ) years commencing from the date of this Agreement .
Section 5 . Assignment . Neither of the parties hereto shall
have the right to assign this agreement or any of its rights and ob-
ligations hereunder nor to terminate its obligations hereunder by
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dissolution or otherwise without first securing the written consent
of the other party , and this agreement shall be binding upon and
inure to the benefit of the respective successors of the parties
hereto .
Section 6 . Execution of Documents . Each party hereto
agrees that it will execute any and all instruments and documents
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Cr) and enact -any and all resolutions or ordinances necessary to give
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CQ effect to the terms of this agreement.
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CDSection 7 . Waiver. No waiver by either party of any term
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or condition of this agreement shall be deemed or construed as a
waiver of any other term or condition , nor shall a waiver of any
breach be deemed to constitute a waiver of any subsequent breach ,
whether of the same or a different provision of this agreement.
Section 8 . Remedies . In addition to the remedies provided
by law, this contract shall be specifically enforceable by either •
party .
Section 9. Entirety . This agreement merges and supersedes
all prior negotiations , representations and agreements between the
parties hereto relating to the subject matter hereof and constitutes
the entire contract between the City and Metro concerning the financing ,
construction and ownership of the Metro water main facilities . Nothing
herein contained shall qualify or condition the rights and duties of
the parties under that certain Agreement for Sewage Disposal dated
May 2, 1961 .
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the 6th day of April . , 1972 .
.r, CITY OF r �1TON - 00f
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�� '• - � tai/' By 1_ ��
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MUNICIPALITY OF MET:OPOLITAN SETTLE
By P •-•
C . Carey Donworth
Chairman of the Council
ATTEST :
ONQ
By
C) leir-SurI-- rv-a-n- B. J . Carol •
CQ Acting Clerk of the Council
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STATE OF WASHINGTON ) •
ss .
COUNTY OF KING ) ,
CJ• On this 24th day of ' March , 1972 before me the
cn undersigned, a Notary Public in and for the State of Washington,
0 duly commissioned and sworn, personally appeared Avery Garrett
and Helmie Nelson to me known to be the
0 Mayor and City Clerk , respectively; of the
C\t CITY OF RE3TON, the municipal corporal on that executed the fore-
r" going 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 were
authorized to execute the said instrument and that the seal af-
fixed is the corporate seal of said corporation.
,,7 •--- WITNESS my hand and official seal hereto affixed the day
dg 'n this certificate above written.
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` 11 �;; 'w_R.a► Notary Public�in and for the State of
, ., �i w: Washington, residingat
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STATE OF WASHINGTON )
) ss . - -.
COUNTY OF KING ) •
On this i
day of 49,e/c_ , 19 7Z before me the
undersigned, a Notary Public in and for the State of Washington, ,
duly commissioned and sworn, personally appeared C. CAREY DONWORTH
, and B. J. CAROL, to me known to be the Chairman of the Council and
Acting Clerk of the Council, respectively, of the MUNICIPALITY OF
METROPOLITAN SEATTLE, the municipal 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 were
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 flay
- and year in this certificate above written.
�' N t 'ry Public in and for State of
;,1C' �, 4 , W(a-shington, residing at 3r/5,7-7- --�
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1972 25 P.',1 id 48
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csa FILED for Record at RtYrItt43
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TO_ 1.i.c.TNTCIPAL B ERIC'
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WAS11. 2111255
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