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Wastewater Treatment, Disposal and Transport with Olympic View Water and Sewer District Interlocal Agreement Addendum 5ADDENDUM NO. 5 TO AGREEMENT Wastewater Treatment, Disposal and Transport Page 1 of 2 WHEREAS, the City of Mountlake Terrace, Olympic View Water and Sewer District, and the Ronald Sewer District (the “Participants”) and the City of Edmonds (the “City”), (collectively the “Parties”), all municipal corporations of the State of Washington, entered into a Professional Services Agreement for Wastewater Treatment, Disposal, and Transport (“Agreement”), for a term of thirty (30) years, from May 17, 1988 to May 17, 2018; and WHEREAS, in May 2017, the Parties entered into an Addendum to the Agreement to extend the term of the Agreement for two (2) years, through May 17, 2020, to allow time for issues between the Parties to be resolved; and WHEREAS, in April 2020, the Parties entered into Addendum No. 2 to the Agreement to extend the term of the Agreement for an additional three (3) months, through August 17, 2020, to allow additional time for issues between the Parties to be resolved; and WHEREAS, in August 2020, the Parties entered into Addendum No. 3 to the Agreement to extend the term of the Agreement for an additional eighteen (18) months, through February 17, 2022, to allow additional time for issues between the Parties to be resolved; and WHEREAS, on April 30, 2021, pursuant to chapter 35.13A RCW, the City of Shoreline assumed full and complete management and control of the Ronald Wastewater District (formerly Ronald Sewer District); and WHEREAS, the City of Mountlake Terrace, Olympic View Sewer and Water District, and the City of Edmonds recognized the City of Shoreline’s assumption and its acceptance of the contractual obligations previously agreed to by the Ronald Wastewater District and desired to amend the Agreement to reflect this assumption; and WHEREAS, in March 2022, the Parties entered into Addendum No. 4 to the Agreement to document the City of Shoreline’s assumptions of all rights, responsibilities, and obligations of the Ronald Wastewater District under the Agreement and to extend the term of the Agreement for an additional twenty-four (24) months, through February 17, 2024, to allow additional time for issues between the Parties to be resolved; and WHEREAS, the Parties have agreed to further extend the term of the Agreement for an additional twenty-four (24) months, through February 17, 2026 allow additional time for issues between the Parties to be resolved; WHEREAS, the Clean Water Act and federal rules require wastewater treatment plants that contribute to water quality impairments by discharging excess nutrients to take action to prevent this pollution. The Washington State Department of Ecology Puget Sound Nutrient General Permit, effective January 1, 2022, applies to the Edmonds WWTP since it discharges to marine and estuarine waters of Washington. Monitoring of the operations of the Edmonds WWTP is necessary to determine what capital or operational changes may be required to ensure compliance with the Puget Sound Nutrient General Permit. ADDENDUM NO. 5 TO AGREEMENT Wastewater Treatment, Disposal and Transport Page 2 of 2 NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and among the Parties hereto as follows: 1. The Agreement of May 17, 1988, among the Parties, the terms of which have been amended on four (4) previous occasions, is further amended in, but only in, the following respect: 1.1 Term of Agreement: To extend this Agreement to February 17, 2026. 2. In all other respects, the underlying Agreement among the Parties and all addenda thereto, shall remain in full force and effect and unchanged. DATED this _________ day of _______________________, 20 . CITY OF EDMONDS CITY OF MOUNTLAKE TERRACE By: Mike Rosen, Mayor Title: ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: Scott Passey, City Clerk Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: Office of the City Attorney Title: OLYMPIC VIEW WATER AND CITY OF SHORELINE SEWER DISTRICT By: By: Title: Title: ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: By: Title: Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Title: Title: Sharon Cates Scott Passey Mike Rosen ADDENDUM NO. 5 TO AGREEMENT Wastewater Treatment, Disposal and Transport Page 2 of 2 NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and among the Parties hereto as follows: 1. The Agreement of May 17, 1988, among the Parties, the terms of which have been amended on four (4) previous occasions, is further amended in, but only in, the following respect: 1.1 Term of Agreement: To extend this Agreement to February 17, 2026. 2. In all other respects, the underlying Agreement among the Parties and all addenda thereto, shall remain in full force and effect and unchanged. DATED this _________ day of _______________________, 20 . CITY OF EDMONDS CITY OF MOUNTLAKE TERRACE By: Michael Nelson, Mayor Title: ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: Scott Passey, City Clerk Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: Office of the City Attorney Title: OLYMPIC VIEW WATER AND CITY OF SHORELINE SEWER DISTRICT By: By: Title: Title: ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: By: Title: Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Title: Title: DocuSign Envelope ID: 0260C2F3-D2DA-4273-B687-AC527CB50AC6 City Clerk City Manager City Attorney General Counsel ADDENDUM NO. 5 TO AGREEMENT Wastewater Treatment, Disposal and Transport Page 2 of 2 NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and among the Parties hereto as follows: 1. The Agreement of May 17, 1988, among the Parties, the terms of which have been amended on four (4) previous occasions, is further amended in, but only in, the following respect: 1.1 Term of Agreement: To extend this Agreement to February 17, 2026. 2. In all other respects, the underlying Agreement among the Parties and all addenda thereto, shall remain in full force and effect and unchanged. DATED this _________ day of _______________________, 20 . CITY OF EDMONDS CITY OF MOUNTLAKE TERRACE By: Michael Nelson, Mayor Title: ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: Scott Passey, City Clerk Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: Office of the City Attorney Title: OLYMPIC VIEW WATER AND CITY OF SHORELINE SEWER DISTRICT By: By: Title: Title: ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: By: Title: Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Title: Title: DocuSign Envelope ID: C9265D25-E83D-4D50-981A-4C6F62421378 City Manager Signature: Email: Signature: Email: Signature: Email: sharon@lighthouselawgroup.com scott.passe4@emonswa.go1 i&eosenҗarсхѶспсуртѷтрҘ i&e.osen@monsa.o1 Addendum 5 for COE Signature Final Audit Report 2024-03-26 Created:2024-03-21 By:Oscar Antillon (Oscar.Antillon@Edmondswa.gov) Status:Signed Transaction ID:CBJCHBCAABAAK1eR3QgVW1otdueZQh4KujudMsSyuOfN "Addendum 5 for COE Signature" History Document created by Oscar Antillon (Oscar.Antillon@Edmondswa.gov) 2024-03-21 - 7:16:46 PM GMT Document emailed to Sharon Cates (sharon@lighthouselawgroup.com) for signature 2024-03-21 - 7:16:51 PM GMT Document emailed to Mike Rosen (Mike.Rosen@EdmondsWa.Gov) for signature 2024-03-21 - 7:16:51 PM GMT Document emailed to Scott Passey (scott.passey@edmondswa.gov) for signature 2024-03-21 - 7:16:51 PM GMT Email viewed by Sharon Cates (sharon@lighthouselawgroup.com) 2024-03-21 - 7:23:48 PM GMT Document e-signed by Sharon Cates (sharon@lighthouselawgroup.com) Signature Date: 2024-03-21 - 7:24:34 PM GMT - Time Source: server Email viewed by Scott Passey (scott.passey@edmondswa.gov) 2024-03-21 - 7:25:01 PM GMT Document e-signed by Scott Passey (scott.passey@edmondswa.gov) Signature Date: 2024-03-21 - 7:53:26 PM GMT - Time Source: server Email viewed by Mike Rosen (Mike.Rosen@EdmondsWa.Gov) 2024-03-26 - 8:06:33 PM GMT Document e-signed by Mike Rosen (Mike.Rosen@EdmondsWa.Gov) Signature Date: 2024-03-26 - 8:31:53 PM GMT - Time Source: server Agreement completed. 2024-03-26 - 8:31:53 PM GMT