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6 <br /> SERVICE AGREEMENT <br /> This agreement between the City of Everett, a municipal corporation, and the <br /> Mukilteo Water District, a special purpose municipal corporation, is dated this <br /> day of 2005. <br /> Whereas, the City of Everett (the "City") provides potable water service to its <br /> residents through a public water system owned and operated by the City; and <br /> Whereas, the Mukilteo Water District (the "District") provides potable water <br /> service to its residence through a public water system owned and operated by the <br /> District; and <br /> Whereas, the service area of the City is adjacent to the service area of the <br /> District; and <br /> Whereas, the Port of Everett, a special purpose municipal corporation (the <br /> "Port"), proposes to develop property that is located in the City and its service area; and <br /> Whereas, the topography of the area in which the Port intends to develop, <br /> coupled with the hydraulics of the City's water system, will not allow the City to provide <br /> water with sufficient pressure to meet required fire-flow; and <br /> Whereas, the District's water system can provide water to the property that the <br /> Port proposes to develop with sufficient pressure and flow to meet required fire-flow; <br /> and <br /> Whereas, the District is willing to provide service within the City's service area <br /> and the City is willing to allow the District to provide service within its service area; now, <br /> therefore, <br /> The City and the District agree: <br /> 1. The District is authorized to and shall provide water service to the property <br /> legally described in exhibit A (the "Property"). <br /> 2. By extending its water system and providing service to the Property the <br /> District is exercising authority granted under Title 57 RCW and other laws applicable to <br /> the District. The District is not acting as an agent of the City and it is not purporting to <br /> exercise any powers of the City. The District agrees to indemnify and defend any claim <br /> brought against the City arising out of the District's service to the Property, except to the <br /> extent that such claim arises from the City's willful act or concurrent or sole negligence. <br /> 3. The District shall provide service to the Property as provided in title 57 <br /> RCW and on the same terms and conditions that it serves property within the District, <br /> except that the rate the District charges the Property shall include any specific costs <br /> associated with service to the Property. <br /> 39 <br /> -1- <br />