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Port Gardner Bay Outfall Replacement Agreement <br /> 1.7 K-C desires to construct and operate the Joint Use Facilities; and <br /> 1.8 K-C desires to sell, and the City desires to purchase, forty-nine and one-half percent <br /> (49.5%) of the Capacity of the Joint Use Facilities to serve current and projected future public <br /> needs and effluent discharge from the POTW; and <br /> 1.9 The City has experience in successful construction and operation of outfalls for <br /> wastewater effluent and stormwater and has the right under this Agreement to complete the <br /> construction of, or subsequently to assume operational control over, the Port Gardner Bay <br /> Outfall, should K-C or any successor interest be unable or unwilling to do so; and <br /> 1.10 The Agreement further minimizes risks to the City, including requiring agreement on a <br /> Construction Budget and prior agreement on any substantial cost increases and by providing for a <br /> management coordination and policy oversight committee to ensure accountability by K-C <br /> during construction and operation of the Joint Use Facilities; and <br /> 1.11 For purposes of RCW Chap. 30.04,the project consists of the construction of the Port <br /> Gardner Outfall Replacement Project(Joint Use Facilities); and <br /> 1.12 The municipal water quality, industrial, shorelands, and other sections of the State of <br /> Washington Department of Ecology have expressed support for the concept, and concurred with <br /> the City serving as lead agency under SEPA; and <br /> 1.13 K-C and the City have consulted with other governmental bodies and the public before <br /> entering into this Agreement to proceed with the further design and construction of the Joint Use <br /> Facilities; and <br /> 1.14 The development of independent facilities by the Participants would result in unnecessary <br /> additional costs to the public, wasteful duplication, and additional environmental impacts; and <br /> 5 of 46 <br />