2023/04/26 Council Agenda Packet

SEWER SERVICE AGREEMENT This Agreement ("Agreement") is made by and between the City of Everett, a municipal corporation ("City"), and the Mukilteo Water and Wastewater District, a special purpose municipal corporation ("District"), (individually a "Party" and collectively the "Parties") for the purposes set forth below. Whereas, the City provides sewer service to its residents through a public sewer system owned and operated by the City; and Whereas, the District provides sewer service to its rate payers through a public sewer system owned and operated by the District; and Whereas, the service area of the City is adjacent to the service area of the District; Whereas, the political boundaries of the City include an area in the City's Westmont Neighborhood, north of 100th ST SW, east of Airport Road, west of 18th Ave W, and South of Kasch Park; Parcels # 28041400300700, and 28041400300400. (See Exhibits A and B attached hereto and incorporated herein by this reference) (collectively, the "Properties" and individually "Property"), which area slopes toward the Mukilteo Water and Wastewater District sewer main on 100th ST SW; and Whereas, the topography of the area in which the Properties will develop, together with the hydraulics of the City's sewer system, will not allow the City to provide sewer service in a cost-effective manner; and Whereas, the District's sewer system can provide sewage collection and treatment to the Properties in a cost-effective manner; and Whereas, the District is willing to provide sewer service to the Properties within the City's service area and the City is willing to allow the District to provide service within its service area; now, therefore, In consideration of the terms and conditions set forth in this Agreement, the Parties agree as follows: 1. The District is authorized to, and to and shall provide sewer service to the Properties. 2. The District shall provide service to the Properties as provided in Title 57 RCW and on the same terms and conditions that it serves property within the District. 3. The District shall bill the owners of the Properties directly for the sewer service pursuant to the District's adopted fee schedule and all billed fees and costs, including but not limited to connection charges, general facility charges, service fees, late fees, and delinquent fees, which shall be paid directly to the District. 4. The District shall have the right to lien and foreclose on the Properties for non-payment, and the City agrees to reasonably cooperate with any such collection actions the District determines appropriate. IMANAGE.05 8891 \0002\10627434.v2-3/2/23