Mukilteo Water and Wastewater District 11/19/2019

5. By service to the Properties the District is exercising authority granted under Title 57 RCW and other laws applicable to the District. The District is not acting as an agent of the City and it is not purporting to exercise any powers of the City. 6. Improvements necessary to extend the District's sewer system to serve the Properties shall be constructed pursuant to a District Developer Extension Agreement signed by the owner of the property and in accordance with the District's adopted standards and specifications. All cost and fees associated with a District Developer Extension Agreement, including inspection and General Facility Costs shall be paid to the District. 7. Upon notification by the City that the City is prepared to and will provide sewer service to the Properties, the City shall take all necessary steps to disconnect the Properties from the District's sewer system at the City's sole expense. Actual transfer of service shall occur at the end of a billing cycle, but no later than six months after the District receives the City's notice. The City shall reimburse the District for all cost incurred by the District in terminating service to the Property. The City shall pay to the District any capital costs (depreciated according to the District's depreciation schedule) incurred by the District in providing service to the Property. 8. The City's agreement to allow the District to serve the Properties is limited to the Properties and the District, unless authorized by prior written agreement with the City signed by the Mayor of the City, shall not provide service to any other property within the City without the City's specific approval. 9. This is an integrated agreement and any representations or promises not included herein are not binding on the City or the District. Any modification to this agreement shall be in a writing signed by the City and the District. 10.Each Party represents and warrants to the other that it has full authority to enter into this agreement and that the execution and delivery of this Agreement have been validly authorized as required by law. 11 .This Agreement shall be effective on the date by which both Parties have executed this Agreement ("Effective Date"). 12.Unless provided otherwise in this Agreement, notices provided pursuant to this Agreement shall be delivered to each Party as follows: To the District: Mukilteo Water and Wastewater District Attn: General Manager 7824 Mukilteo Speedway Mukilteo, WA 98275 To the City: City of Everett Attn: Public Works Director 3200 Cedar Street Everett, WA 98201 963952.1-049361-0007