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CITY OF EVERETT AND THE TULALIP TRIBES <br /> WHOLESALE WATER DELIVERY CONTRACT <br /> 2016 - 2066 <br /> THIS WHOLESALE WATER DELIVERY CONTRACT("Contract") is made and <br /> entered into by and between the City of Everett, a municipal corporation of the State of <br /> Washington, hereinafter referred to as "City"or "Everett," and THE TULALIP TRIBES OF <br /> WASHINGTON, successors-in-interest to the Snohomish, Snoqualmie, Skykomish and other <br /> allied Native American tribes and bands signatory to the 1855 Treaty of Point Elliott, a federally <br /> recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of <br /> 1934, as amended, hereinafter referred to as "Tulalip". Each of Everett and Tulalip is a"Party," <br /> and collectively,the "Parties". <br /> WHEREAS,Everett owns and operates a water supply system located in Snohomish <br /> County, Washington; Said system has regional supply capability for domestic, commercial and <br /> industrial water consumption; and <br /> WHEREAS,pursuant to RCW 35.92.170,RCW 35.92.200 and RCW 39.94, Everett is <br /> authorized to enter into contracts with other municipalities to supply said municipalities with <br /> water; Pursuant to WAC 248-54, Everett has prepared a Water System Plan identifying certain <br /> areas of Snohomish County as being within its long-range wholesale water supply service area; <br /> and <br /> WHEREAS, Tulalip owns and operates a water supply system on the Tulalip Indian <br /> Reservation in Snohomish County, Washington, and distributes said water on a retail basis to <br /> domestic, commercial and industrial customers within a service area identified in its Water <br /> System Plan adopted pursuant to applicable law; and <br /> WHEREAS,Tulalip and Everett entered a 2005 Agreement for Settlement, Water Supply <br /> and Water Delivery System ("2005 Agreement"). The 2005 Agreement provides for the <br /> development of a 36-inch(now 36 and 42-inch)water transmission line for a new point of water <br /> delivery for Tulalip use("Project"). Subsequently,Everett and Tulalip entered a 2006 Interlocal <br /> Agreement to organize a Joint Board to oversee Project development. This Contract is to govern <br /> the terms of the relationship of the parties upon the availability of water to the Tribe from the <br /> Project; and <br /> WHEREAS,this Contract is in addition to such other contracts that exist among Tulalip <br /> and Everett, such as the 2005 Agreement and the 1991 Everett and JOA Participants' Water <br /> 1 <br />