2010/09/08 Council Agenda Packet

• 2010 AMENDMENT TO AGREEMENT FOR SEWAGE DISPOSAL BETWEEN THE CITY OF EVERETT AND SILVER LAKE WATER&SEWER DISTRICT This Amendment("Amendment")is entered into by and between the CITY OF EVERETT, a Washington municipal corporation(the"City") and the SILVER LAKE WATER &SEWER DISTRICT, a Washington municipal corporation(the"District") (individually a "Party" and collectively the"Parties"). RECITALS A. The City and the District are parties to the Agreement for Sewage Disposal dated June 16, 1982, as amended by amendments dated January 23, 1985,March 19, 1986,December 12, 1991, and June 28, 2000 (as amended,the"Agreement"). B. The south end sewer interceptor is shown on Exhibit A(the"South End Interceptor") and incorporated herein by this reference. A schematic drawing of a portion of the South End Interceptor and other sewer system infrastructure at 116th Street SE and 35th Avenue SE as of the date of this Amendment is attached as Exhibit B and incorporated herein by this reference. A portion of the South End Interceptor at this location(which is marked as the Low Capacity 36-Inch Pipeline in Exhibit B)has a capacity of 7,500 gallons per minute(gpm), which is less than its design capacity of 16,000 gpm. The City and the District dispute who must pay for construction of the additional infrastructure necessary to cause the South End Interceptor at 116th Street SE and 35th Avenue SE to have a capacity of 16,000 gpm. C. In 2007 and 2008,the City completed a project to upgrade and harden a portion of the South End Interceptor for protection against the weight of BNSF use of its rail lines crossing the South End Interceptor(the"Protection Work"). The Protection Work was performed in the area of Lowell(Lenora Street) and 36th Street in Everett. The City and the District dispute who must pay for the costs of the Protection Work. D. The City and the District have agreed that, subject to the terms and conditions of this Amendment,the District will bear all costs for resolving the capacity problem with the South End Interceptor described in Recital B above and the City will bear all costs for the Protection Work described in Recital C above. The Parties desire to enter into this Amendment to formalize that agreement. AGREEMENT For good and valuable consideration,the receipt and sufficiency of which is acknowledged, the Parties agree as follows: SECTION 1: SOUTH END INTERCEPTOR A. Definitions. "Existing 30-Inch Pipeline"refers to the 30-inch gravity sewer pipeline as shown on Exhibit B and attached Exhibit C which is incorporated herein by this reference. Page 1 2