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0?). <br /> BIOSOLIDS TOLLING AGREEMENT <br /> RECITALS <br /> WHEREAS,the City of Everett, a municipal corporation of the State of Washington(the <br /> "City"), and the Districts; Silver Lake Water and Sewer District(SLWSD),Alderwood Water <br /> and Wastewater District(AWWD), and Mukilteo Water and Wastewater District(MWWD), all <br /> municipal corporations of the State of Washington, (collectively,the "Districts")have entered <br /> into the following agreements regarding sewage disposal(collectively,the "Contracts"); <br /> District Date of Agreement <br /> Alderwood Water and Wastewater District December 30, 1981 <br /> Mukilteo Water and Wastewater District May 4, 1983 <br /> Silver Lake Water and Sewer District March 31,2015 <br /> WHEREAS,the City and the Districts have a dispute regarding the Districts' <br /> reimbursement obligations to the City regarding the purchase of certain agricultural property for <br /> biosolids disposal (the"Agricultural Property"); and <br /> WHEREAS,the Districts' position is they are not contractually responsible for the costs <br /> associated with the purchase of Agricultural Property for biosolid disposal since,according the <br /> Districts,contractually and historically,reimbursement to the City for biosolid disposal has been <br /> paid as a maintenance and operations charge pursuant to the respective agreements; and <br /> WHEREAS,the City's position includes,but is not limited to,that the purchase of the <br /> Agricultural Property is a capital expense subject to cost sharing pursuant to the Contracts; and <br /> WHEREAS,the City and Districts agree to execute a Biosolids Tolling Agreement in <br /> which the Districts will pay half of their respective shared cost under protest,during which over <br /> a two year period the City will gather data on City biosolids disposal costs and the parties will <br /> continue to negotiate. <br /> NOW,THEREFORE,the City and the Districts(each, a"Party" and, collectively,the <br /> "Parties")enter into this agreement("Tolling Agreement"), and, intending to be bound thereby, <br /> make the following promises,which are acknowledged by the Parties as mutual and adequate <br /> consideration: <br /> 1 <br />