Interlocal Agreement Amendment with City of Lynnwood for Joint Use of Sanitary Sewerage FacilitiesAMENDMENT TO AGREEMENT FOR JOINT USE OF SANITARY SEWERAGE
FACILITIES BETWEEN CITY OF EDMONDS AND CITY OF LYNNWOOD
THIS AGREEMENT, made and executed this day of r�x Qj 1990, by
and between the Cities of Lynnwood and Edmonds, hereinafter referred to
as "Lynnwood" and "Edmonds"; both being municipal corporations of the
State of Washington and located in Snohomish County, Washington.
WITNESSETH:
WHEREAS, on October 26, 1982, Edmonds and Lynnwood entered into an
agreement to accomplish the joint treatment and disposal of the sanitary
sewage collected by the two cities, specifying the operation, maintenance,
joint use and the payment thereof for those sewerage works facilities to be
jointly used, and defining the rights, duties and obligations of the parties;
and
WHEREAS, the October 26, 1982, agreement permits the serving City
supplying sewerage facilities to the purchasing City to provide additional
sewerage facilities to the purchasing City if the increase is deemed feasible
based upon review of the reserve capacities of the serving City; and
WHEREAS, upon Edmonds' inquiry, Lynnwood requested that Edmonds reserve a
maximum capacity for Lynnwood at the Edmonds treatment plant of two hundred
(200) connections, an increase from the previously allocated one hundred
nineteen (119) connections; and
WHEREAS, Edmonds requested that its capacity at the Lynnwood treatment
plant be increased from six hundred twenty thousand (620,000) to nine hundred
twenty thousand (920,000) gallons per day (hereinafter "gd"); and
WHEREAS, design capacity at the Lynnwood treatment plant was not
increased by 300,000 gd for Edmonds; and
WHEREAS, instead of increasing the capacity, a diversion of Lynnwood
flows will be made to vacate enough capacity at the Lynnwood treatment plant
to accommodate up to three hundred thousand (300,000) additional gd for
Edmonds; and
WHEREAS, Edmonds treatment plant has the capacity to accommodate a diversion
of up to three hundred thousand (300,000) gd from Lynnwood for the purpose of
freeing up capacity for the difference between six hundred twenty thousand
(620,000) and nine hundred twenty thousand (920,000) gd to compensate for
additional flows from Edmonds at the Lynnwood treatment plant; and
WHEREAS, Edmonds has the right to deliver six hundred twenty thousand
(620,000) gd to the Lynnwood treatment plant; and
WHEREAS, Edmonds will not be required to participate in any further expansion
of the Lynnwood treatment plant for capacity unless Edmonds' flows exceed nine
hundred twenty thousand (920,000) gd;
MEW
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained herein, the said parties hereby agree as follows:
Section 1. INCORPORATION OF PREVIOUS AGREEMENT.
This agreement will serve as an amendment to the October 26, 1982 Agreement
for Joint Use of Sanitary Sewerage Facilities Between City of Edmonds and City
of Lynnwood which is incorporated by reference as if fully set forth herein.
Section 2. DEFINITION OF TERMS.
For the purposes of the Agreement, the following are defined terms:
A. The term "diversion" shall mean the transmission of Lynnwood sewage flows
to Edmonds beyond Lynnwood's allocated capacity at the Edmonds treatment
plant for the purpose of vacating sufficient capacity in the Lynnwood
treatment plant for Edmonds flows which exceed six hundred twenty
thousand (620,000) gd.
Section 3. DELIVERY AND ACCEPTANCE OF ADDITIONAL SEWAGE.
Presently, each City is reserving a capacity of three hundred thousand
(300,000) gd, based on average annual daily flows, in its wastewater treatment
plant for the other city. Each party agrees that, at a time when Edmonds
reaches the limit of its allocated capacity at the Lynnwood plant of six
hundred twenty thousand (620,000) gd, Lynnwood shall make additional capacity
available for Edmonds flows of up to three hundred thousand (300,000)
additional gd, by diverting Lynnwood sewage to the Edmonds plant. The amount
of sewage diverted from Lynnwood to Edmonds shall be approximately equal to
the Edmonds flows to Lynnwood which are in excess of six hundred and twenty
thousand (620,000) gd, but shall not exceed three hundred thousand (300,000)
gd without prior written consent and agreement. Lynnwood agrees to be
responsible for monitoring the capacity of its plant, to inform Edmonds when
diversion becomes necessary, and to make arrangements for said diversion. The
Lynnwood capacity at the Edmonds treatment plant is two hundred (200)
connections. Edmonds will make available to Lynnwood additional capacity at
the Edmonds plant, up to three hundred thousand (300,000) gd for the purpose
of the flow diversion needed to provide Edmonds with additional capacity at
the Lynnwood plant up to a limit of nine hundred and twenty thousand (920,000)
gd.
Section 4. PAYMENT.
The payment plan agreed to by each party in the October 26, 1982 agreement is
still in effect, in all its facets, subject to the following: The capital
costs of providing three hundred thousand (300,000) gd capacity at each plant
shall not be charged to the other city.
949E1/2
Section 5. EFFECTIVE DATE.
The provisions of this amendment shall become effective on the date this
agreement is signed and the charges provided for herein commence on the
effective date, unless other provisions have been made.
IN WITNESS WHEREOF, said parties have executed this agreement as of
this T day of 1990.
CITY OF ED S CITY OF LYNNWOOD
By: By: A
� 1
G
ARRY GHTEN, Mayor M. J., R LICKA, Mayor
ATTEST:
By: F
ACQ LINE G. R RRETT,
City Clerk
LJS/nmc
City Clerk
949E1/3
20 2 - �
34 to
AGREEMENT FOR JOINT USE OF SANITARY SEWERAGE FACILITIES 0-oAj , �,rcg_t
BETWEEN CITY OF EDMONDS & CITY OF LYNNWOOD
TRUNKS - TREATMENT - DISPOSAL
THIS AGREEMENT, made and executed this 26th day of
October , 1982, by and between the CITIES OF LYNNWOOD and
EDMONDS, hereinafter referred to as "Lynnwood" and "Edmonds",
both being municipal corporations of the State of Washington and
located in Snohomish County, Washington.
WITNESSETH:
WHEREAS, on August 5, 1965, Lynnwood and Edmonds did enter
into an agreement for the joint use of certain sanitary sewage
disposal facilities, including a system of trunk sewers, a sewage
treatment plant and a deep water outfall.sewer line, presently
owned and operated by Lynnwood; and
WHEREAS, on November 20, 1972, said agreement was modified
under Amendment No. 1, by mutual agreement between Lynnwood and
Edmonds to provide for additional capacity in, and use by,
Edmonds of certain trunk sewers presently owned and operated by
Lynnwood; and
WHEREAS, the said agreements established, among other things,
the apportionment of capital costs of those certain sanitary
sewage disposal facilities for which each party would be
responsible, and the capacity of such facilities that would be
reserved to each party; and
WHEREAS, under the said agreements Edmonds advanced the
amount of approximately $128,095.40 as Edmonds' fair share of the
Page 1_.fi
capital costs of the said facilities, and certain capacities of
such facilities were so reserved for the use of Edmonds as
described hereinafter and as indicated on Exhibits A, C, and D
attached hereto, and by this reference incorporated herein; and
WHEREAS, the Cities of Edmonds and Lynnwood have a mutual
need of, and have requested from each other, sanitary sewerage
service for the areas designated as:
AREA E1 - City of Edmonds area served by City of Lynnwood
treatment facility and trunkage system.
AREA L2 - City of Lynnwood area served by City of Lynnwood
treatment facility, and trunkage systems owned by City of
Lynnwood and City of Edmonds.
AREA L3 - City of Lynnwood area served by City of Edmonds
treatment facility and trunkage system.
All as described hereinafter and as indicated on Exhibits A and
B, attached hereto, and by this reference incorporated herein;
and
WHEREAS, service to these areas may be conveniently provided
by gravity flow, or by pumping can be economically made to flow
into the other respective City's existing sewer system; and
WHEREAS, the Agreement of August 5, 1965 and the Amendment
No. 1 of November 20, 1972 did not provide for capacity in and
use of the sewer trunks to all of these areas; and
WHEREAS, it has been determined that these areas are within
the drainage basins to the respective treatment facilities, and
logical extensions of existing joint sewer trunk systems thereto;
and
WHEREAS, under conditions actually experienced subsequent to
Page 2
the entering into of said agreements, it is now found necessary
to more clearly define the limits of said drainage basins and to
more clearly describe the respective cities' joint sanitary
sewage disposal facilities; and
WHEREAS, under the said agreements, it has been determined
that Edmonds now has sufficient capacity reserved in Lynnwood's
sewage treatment plant and outfall sewer line to serve AREA El,
but that by reason of an ambiguity in the previous trunk sewer
description, Edmonds has insufficient capacity in Lynnwood's
system of trunk sewers to serve that portion of AREA E1 herein-
after designated as AREA ElB; and
WHEREAS, LYNNWOOD's need of sanitary sewerage service to AREA
L2, and EDMONDS' need of sanitary sewerage service to AREA E1B,
may be conveniently provided by a mutually beneficial and
equitable exchange of capacity in and joint use of certain
existing systems of trunk sewers presently owned, operated and
maintained by the other respective City; and
WHEREAS, on October 5, 1971, Edmonds and Mountlake Terrace
did enter into an agreement for the joint use of certain sanitary
sewage disposal facilities, including a system of trunk sewers, a
sewage lift station, a force main, five sewage metering stations,
a sewage treatment plant, and a sewer outfall, all presently
owned, operated and maintained by Edmonds and Mountlake Terrace
as established by said agreement and as described hereinafter and
as indicated on Exhibit A and Exhibit C, Part 3, attached hereto,
and by this reference incorporated herein; and
WHEREAS, under said agreement on October 5, 1971, Mountlake
Terrace did recognize Edmonds' right to provide, through the
Page 3
joint sewerage system, sanitary sewer service to certain areas
including any other areas or agencies which had been theretofore
or may be thereafter mutually agreed upon; and both parties
agreed that all such areas shall be considered a part of Edmonds
for purposes of that contract; and
WHEREAS, on May 12, 1982, Edmonds and Mountlake Terrace did
mutually agree to Edmonds providing of such sanitary sewer
service to Lynnwood's AREA L3 as hereinbefore designated; and
WHEREAS, the best interests of the residents of Edmonds and
Lynnwood require that those certain trunk sewers, treatment
facilities -and outfall sewer lines be operated and maintained for
their mutual benefit as provided herein; and
WHEREAS, it is the desire of both cities to simplify the
determination of Maintenance and Operation charges to the
respective cities for the joint use of said sanitary sewage
facilities; and
WHEREAS, to accomplish the joint treatment and disposal of
the sanitary sewage collected by the two parties, it is necessary
that a contract be now entered into providing for the operation,
maintenance, joint use and the payment therefore, of those
certain sewerage works facilities to be so jointly used, and
defining the rights, duties and obligations of the parties
therein; and
WHEREAS, by reason of these and of other unforeseen
circumstances and events, the said agreements of August 5, 1965
and the Amendment No. 1 of November 20, 1972, no longer are
deemed suitable nor adequate to fulfill either the original
intent or the present and future needs of the parties thereto;
Page 4
NOW THEREFORE, and in consideration of the promises and the
mutual covenants contained herein, the said parties HEREBY ENTER
INTO A NEW AGREEMENT AS FOLLOWS:
SECTION 1. DEFINITION OF TERMS.
The following words and
phases as used in this contract shall have the meanings herein-
after set forth in this section:
(a) The terms "Joint Sewerage Facilities" or "Joint Sewerage
System" shall mean all of the facilities heretofore constructed
or to be constructed and used jointly by Edmonds and Lynnwood for
transporting, treatment and/or disposal of sanitary sewage
wastes, all as more particularly described hereinafter and as
indicated on Exhibits A and C, attached hereto, and by this
reference incorporated herein.
(b-1) The terms "Joint Sewerage Service Area" or "Joint
Service Area" shall mean the area ultimately contemplated to be
served through the joint sewerage facilities, as described
hereinafter and as indicated on Exhibit A, attached hereto, and
by this reference incorporated herein.
(b-2) The terms "Edmonds service area" and "Lynnwood service
area" shall mean those certain areas lying within the respective
corporate limits of each City which will contribute sanitary
sewage to the "joint sewerage system" as hereinbefore described.
(See also Section 7.)
(c) The term "construction cost" or "capital cost" shall
mean all costs of actual construction including the cost of
acquistion of real property and/or rights -of -way, engineering
design and inspection fees, legal costs, preparation of
construction contract documents, disposition of claims incident
Page 5
to construction, financing costs, including discounts, and other
miscellaneous expenses directly attributable to the cost of
acquiring and constructing the facilities hereinbefore described
and included in the "joint sewerage system", less applicable
state and federal grant monies.
(d) The term "operation and maintenance expense" shall mean
all expenses for labor, power, light, water, heat, chemicals,
materials, supplies, insurance premiums, contract services,
tools, equipment, and other miscellaneous expenses directly and
properly chargeable to the operation and maintenance of the
"joint sewerage system" facilities.
(e) The term "sanitary sewage" or "sewage" shall mean all
water -carried wastes that occur as a result of human occupancy or
occupation and is normally required to be given special treatment
and disposal by the State Regulatory Agencies before being
discharged to public waters, and shall not include such wastes as
may require other than normal transmission and treatment as is
now provided by the "joint sewerage system" facilities. (See also
Section 6).
(f) The term "Treatment Plant" or "Sewage Treatment Plant"
shall mean the existing sewage treatment plant of the City of
Edmonds, or of the City of Lynnwood, as applicable, together with
any additions thereto and improvements thereof which may be
hereafter constructed or installed.
(g) The term "Outfall Sewer" shall mean the existing sewer
and submarine pipeline transporting liquid effluent from Edmonds
or Lynnwood sewage treatment plant, as applicable, to point of
discharge into deep water in Puget Sound, and any additions
Page 6
thereto and improvements thereof which hereafter may be
constructed or installed.
(h) The abbreviation "MG" shall mean million gallons of
sewage or water quantity.
(i) The abbreviation "MGD" shall mean a rate of flow which
would result in one million gallons per day of sewage or water
quantity.
(j) The term "annual average daily flow" shall mean the
total flow of sewage in millions of gallons during a full
calendar year in which the joint sewer facilities shall have been
used, divided by the number of days in such year, and shall be
expressed in MGD.
(k) The term "maximum daily flow" shall mean the total flow
of sewage in millions of gallons during that day in each calendar
year in which the greater volume of flow in one day occurs, and
shall be expressed in MGD; provided, that should an abnormal flow
occur on any one day due to temporary conditions which are
subsequently corrected, then such abnormal flow shall not be
considered.
(1) The "total annual sewage flow" shall mean the total flow
of sewage in millions of gallons during a full calendar year in
which the joint sewerage facilities shall have been used; and
shall be expressed in MG.
(m) The term "total annual water consumption" shall mean the
total cubic feet of water billed to a City's users of the joint
sewer facilities during a one-year billing cycle, multiplied by
7.48 gallons per cubic foot and divided by one million; and shall
be expressed in MG.
Page 7
(n) The term "sewage flow ratio" or "SFR" shall mean the
total annual sewage flow divided by the sum of the total annual
water consumptions of the entities using the joint sewer
facilities. In AREA L3, the SFR derived for the Lynnwood
treatment plant shall be multiplied by the total annual water
consumption of the Lynnwood users in AREA L3 to obtain a total
annual sewage flow into the Edmonds treatment plant for the
purpose of apportioning maintenance and operating expense for
such a year.
(o) The term "originating party" shall mean the City in
which sewage flow commences, or is produced.
(p) The term "serving city" shall mean that City which
provides joint sewerage system service to the other City.
SECTION 2. DELIVERY AND ACCEPTANCE OF SEWAGE. Each party
hereto agrees to deliver to the joint sewerage system facilities
of the other such sanitary sewage that the originating party
deems most economically feasible for the maximum benefits of the
customers in its service area, and the other agrees to accept
such sewage for transmission, treatment and disposal through the
joint sewerage system facilities. Any additional facilities as
may be needed to collect and transmit the sewage from the point
or points where it is produced to the point of connection to the
joint sewerage system facilities shall be constructed, maintained
and operated at the sole expense of the originating party. All
facilities so constructed by such originating party as well as
any additions, extensions, and betterments constructed by and for
the other in its service area shall be not less than equal to the
Page 8
minimum standards as are required by the other.
SECTION 3. PAYMENT FOR USE OF JOINT SEWERAGE SYSTEM
FACILITIES. The payment by each party hereto to the other for
its use of the joint sewerage system facilities now owned and
operated by the other, shall be computed on a fair and reasonable
basis as is herein provided for through this contract and which
will result in each party bearing its pro rata share of the total
costs attributable to the construction, acquisition and operation
of the joint sewerage system facilities.
Such payments shall be divided into two parts: (a)
Operation and Maintenance charge, and (b) Capital Reimbursement
charge. In any and all billings for these charges, they shall be
separately stated. Each party will bill the other monthly for
the Operation and Maintenance charge and each will remit within
thirty (30) days after submittal of the bill. Year-end billing
for operation and maintenance expense adjustments, as hereinafter
provided, shall be made in April of the following year. Payment
by Edmonds to Lynnwood, or by Lynnwood to Edmonds, for Capital
Reimbursement charges may be made in a lump sum, sixty (60) days
after the signing of this contract by both parties or on either
an annual or monthly basis, all as hereinafter provided in
Exhibit "E", attached hereto, and by this reference incorporated
herein. Total payments for these charges shall include accrued
interest at the rate of 8.00% per annum beginning with the date
of signature of this agreement by both parties. There shall be
no interest on the Operation and Maintenance charge.
(a) Operation and Maintenance Charge:
Page 9
For the balance of the calendar year of 1982 and through the
April 1, 1983 billing, each party will pay the other an Operation
and Maintenance charge as hereinafter provided in Exhibit "F",
attached hereto, and by this reference incorporated herein.
By March 15, commencing with the year 1983, each party will
tabulate the actual operating and maintenance expenses of their
own joint sewerage system facilities for the preceeding calendar
year. These costs will establish the basis for charges for the
current year, which charges shall be changed each year as of
April 1. Each party will furnish the other with an itemized
listing of all costs along with a tally of the total annual water
consumption of all customers being served by such party through
the joint sewerage system facilities, and these shall be
tabulated on a revised Exhibit "F" . The total annual costs as so
determined shall be used as the basis of charge for the current
year as of April 1, and this figure divided by 12 shall be the
rate per month charged by the respective cities.
In April of each year, each City shall bill or credit the
other for any differences between total actual billings for
preceeding calendar year, and billings based on actual cost
incurred.
(b) Capital Reimbursement Charqes:
In order to reimburse the serving City for a share of the
construction cost of the joint sewerage system facilities, the
other City shall pay to the serving City a sum which represents a
prorata portion of the joint sewerage system unit facility
capacity based upon present or future sewage flows, as may be
applicable.
Page 10
The sum to be paid to the serving City by the other City
shall be based upon a reimbursement percentage to be computed in
the following manner:
Other
City Flow = Reimbursement
Other Serving Percentage
City Flow + City Flow
The sewage flows used in the computation shall be in units of
M.G.D. from measurements or derived from present or projected
water consumption as hereinbefore described. The reimbursement
percentage shall be calculated for each of the separate
facilities of the joint sewerage system and when multiplied times
the cost of such separate facilities will determine the other
City's fair share of the serving City's capital costs expended in
constructing such facilities, all as shown on Exhibits "D" and
"E", attached hereto. The reimbursement percentage figure when
computed based upon either present or estimated future flows
shall be used in determining that portion of the design capacity
measured in MDG of each of the separate facilities that, with
payment of the capital cost, will be reserved to the other City.
In order to amortize a City's share of the capital cost over
the remaining specified life of joint sewerage system facilities,
said City may elect, as an alternate, to pay the total amount
shown on Exhibit "E", in one lump sum payment sixty (60) days
after the acceptance and signing of this contract by both parties
hereto. In the event this alternate is so selected and declared
in writing prior to the 60-day termination date, there shall be
added to the lump sum due interest computed at the rate of 8.00%
per annum from date of contract signing by both parties to the
Page 11
payment date.
At such time in the future as it may become necessary for a
serving City to provide additional sewerage facilities to
increase the capacities of the joint sewerage system, a review of
the reserve capacities purchased by the other shall be made with
respect to the share of total design capacities of each unit then
being used. If, at that time, the other City is using more than
its reserve capacity, it shall either purchase additional
capacity in the new facilities to be constructed, or in some
manner reduce its contributing flows to the level of the reserve
capacities purchased under this contract. In the event that the
other City is found to be using less than the reserve capacities
purchased hereunder, then it may elect to maintain its position
and not be required to purchase additional capacities in the new
facilities planned, or it may elect to purchase additional
capacity as added future reserve, or may elect to sell its excess
reserve capacity purchased hereunder and the serving City agrees
to purchase same at the original cost to the other. No interest
will be included in this buy-back agreement so as to compensate
for the depreciation that will have accrued during the other
City's holding period. In the event the serving City is required
to replace, improve or upgrade any of the joint sewerage system
facilities as required to meet State or Federal regulations, then
both parties agree to share in such costs in the manner provided
for sharing capital costs on the now existing joint sewerage
system facilities. In the event the serving City is required to
replace any joint sewerage system facilities as a result of a
loss in excess of the coverage required in Section 9, then both
Page 12
parties agree to share in the replacement costs in the manner
provided for sharing capital costs on the now existing joint
sewerage system facilities.
SECTION 4. RECIPROCAL SERVICE AGREEMENT. In the event any
area, presently or in the future, lying within the City limits of
either City is most advantageously served through sewerage
facilities owned and operated by the other that discharges sewage
into the joint sewerage system, the City requesting service is
hereby granted the right to use such facilities for the
transmission of its sewage. The costs due the serving City from
the other for such service and the use of such facilities shall
be calculated and regulated in the same manner and style as
herein provided for Edmonds' use of Lynnwood's facilities, or
Lynnwood's use of Edmonds' facilities. Lynnwood sewage flows
through Ballinger Pump Station No. 8 shall be subject to approval
by Mountlake Terrace. (See also Section 7.)
SECTION 5. MEASUREMENT OF SEWAGE FLOWS. For the purpose of
determining the MGD flow of each City as is being discharged
through the joint facilities, the total annual water consumption
in MG, of all customers as determined by the use of the most
recent amendment to Exhibit "F" as hereinbefore provided, shall
be divided into the total flows measured at the treatement plant,
a part of the joint sewerage system facilities, and multiplied by
each City's average annual water consumption expressed in MGD.
Additional metering throughout the joint sewerage system
facilities may be performed at the request of either party hereto
Page 13
and the results of such added metering shall be accepted by both
parties. The costs of performing such additional metering shall
be borne by the City requesting same.
SECTION 6. CONTROL OF SEWAGE QUALITY. Each of the parties
hereto shall be responsible for control of the quality and
character of sewage delivered into the joint sewerage system, and
to this end shall adopt and enforce suitable rules and
regulations to prevent entry into the joint sewerage system of
septic sewage, petroleum waste, tar, creosote, naptha, or other
chemicals and/or waste detrimental to the proper functioning of
the sewage treatment plant and/or elements of the joint sewerage
system. Both parties will take whatever means necessary to
exclude storm water, roof and surface drainage connections to the
sanitary sewers which drain into the joint sewerage system and
will not permit entry of sewage waste which had a B.O.D.
concentration in excess of that normally found in domestic
sewage.
SECTION 7. NONRESIDENT CONNECTIONS. No person or
organization shall be permitted to connect to or otherwise make
direct use of the joint sewerage system, if said person or
organization is not located within the boundaries of one of the
parties to this agreement, without the written consent of the
parties to this agreement, provided that municipal corporations
may so connect with the permission of the City to which
facilities it directly connects. For the purpose of allocating
operation costs and future expansion of the joint sewerage system
facilities as provided hereinbef ore, any connection made under
Page 14
this Section shall become a part of the service area of the City
to which it directly connects. Lynnwood sewage flows through
Ballinger Pump Station No. 8 shall be subject to approval by
Mountlake Terrace. (See also Section 4.)
SECTION 8. AUDIT. Either party to this agreement shall have
the right to audit the financial records of the other relevant to
this agreement by making written notice at least 30 days prior to
said audit. The cost of any such audit shall be at the expense
of the party making the request.
SECTION 9. INSURANCE AND LIABILITY DAMAGES.
Each City shall
maintain insurance on their treatment plants and sewage lift
stations in an amount sufficient to enable replacement or
restoration of any such facilities damaged or destroyed as a
result of casualty or loss normally insured against by sewer
utilities operated in a reasonable and prudent manner. The
proportionate share of the cost of said insurance applicable to
the joint sewerage system shall be included as a part of the
operation and maintenance expense and charged to the other. Each
of the parties hereto shall also maintain public liability
insurance with bodily injury limitations of not less than
$500,000 per occurrence and $500,000 aggregate, and property
damage limitations of not less than $250,000 per occurrence and
$250,000 aggregate.
SECTION 10. ASSIGNMENT. Neither of the parties hereto shall
have the right to assign this agreement or any of its rights and
Page 15
obligations hereunder, nor to terminate its obligations hereunder
by dissolution or otherwise, without first securing the written
consent of the other party, and this agreement shall be binding
upon and inure to the benefit of the respective successors and
assigns of the parties hereto.
SECTION 11. NOTICE. Whenever in this agreement notice is
required to be given, the same shall be given by registered mail
addressed to the party at the following addresses:
City of Edmonds
Civic Center
Edmonds, Washington 98020
City of Lynnwood
City Hall
Lynnwood, Washington 98036
unless a different address shall be hereafter designated in
writing by either of such parties.
The date of giving such notice shall be deemed to be the date
of mailing thereof. Billings for and payments of operation and
maintenance costs may be made by regular mail.
SECTION 12. EXECUTION OF DOCUMENTS AND ADOPTION OF
RESOLUTIONS AND ORDINANCES. Each party agrees that it will
execute any and all instruments, documents and resolutions or
ordinances necessary to give effect to the terms of this
contract.
SECTION 13. EFFECTIVE DATE. The provisions of this contract
shall become effective on the date hereof, and the charges
provided for herein commence on the effective date, unless other
Page 16
provisions have been made.
SECTION 14. WAIVER. No waiver by either party of any term
or condition of this agreement shall be deemed or construed as a
waiver of any other term or condition, nor shall a waiver of any
breach be deemed to constitute a waiver of any subsequent breach,
whether of the same or a different provision of this agreement.
SECTION 15. REMEDIES. In addition to the remedies provided
by law, this contract shall be specifically enforceable by either
party.
SECTION 16. ENTIRETY. This agreement merges and supersedes
all prior negotiations, representations, and agreements between
the parties hereto relating to the subject matter hereof, and
con-
stitues the entire contract between Edmonds and Lynnwood concern-
ing the disposal of sewage by either City and the acceptance of
such sewage by the other for disposal and treatment.
SECTION 17. TERMINATION. This agreement shall remain in
effect until its termination is mutually agreed upon by both
parties.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
Page 17
C IqYF Y
By:
MAYOR
AT7,1
UG-
Q
C TY CLIEP
CITY OF EDMONDS
By:
_::l49JL&,6 4
MAYOR
ATTEST: �J
Cf &�-ted
CITY CLERK
Page 18
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
On this a day of 1982, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared
and
t�f Jac .+ 4�t� '�IL�Jem—C � r ✓ C d-- ee--X J to
me known to be the Mayor and the City Clerk, respectively, of the
City of Edmonds, the municipal corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute the said
instrument and that the seal affixed is the official seal of said
municipal corporation.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
�Ze
to y Public in and for the
Sta a of Washington, residing at
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
On this 26th day of October , 1982, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared
M. J. Hrdlicka
and
R. W. Noack to
me known to be the Mayor and the City Clerk, respectively, of the
City of Lynnwood, the municipal corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute the said
instrument and that the seal affixed is the official seal of said
municipal corporation.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
r
ary Pub is in and for the
tate of Washingto �ejiding at
P a g 19
EXHIBIT "B"
LEGAL DESCRIPTION OF JOINT SEWER AREAS FOR CITY OF EDMONDS
T TTT rT1 T
Commencing at the southeast corner of Section 19, Township 27
North , Range 4 East W.M., situate in Snohomish County, State
of Washington, this being on the centerlines of 76th AVENUE
WEST and 212th STREET S.W.; thence northerly along said
centerline to an intersection with a line extended from the
north line of LOT 11, WILLOWDALE GARDENS DIVISION NO. 1; said
point being the True Point of Beginning for AREAS El and L1;
thence west to the northeast corner of said LOT 11; thence
south to the southeast corner of said LOT 11; thence west to
the southwest corner of said LOT 11; thence north along west
lines of LOTS 11, 10, 9, 8, and 7 of WILLOWDALE GARDENS
DIVISION NO. 1, to the northwest corner of said LOT 7; thence
east along the north line of said LOT 7 to its midpoint;
thence north across LOT 6, WILLOWDALE GARDENS DIVISION NO. 1
to the midpoint of the north line of said LOT 6; thence north
to the midpoint of the south line of LOT 7, EDGEWOOD MANOR,
L.E. NESS ADDITION; thence north to the midpoint of the north
line of said LOT 7; thence west to the southeast corner of
LOT 4, EDGEWOOD MANOR, DIVISION NO. 2; thence north along
east lines of LOTS 4, 3, 2, and 1, said DIVISION NO. 2, to
the northeast corner of said LOT 1; thence north along the
west lines of LOTS 2 and 1 WILLOWDALE GARDENS DIVISION NO. 1,
to the northwest corner of said LOT 1; thence east along
north line of said LOT 1 to a point approximately 105 feet
Page B1 of 19
west of the northeast corner of said LOT 1; thence north
parallel to 76th AVENUE WEST to the south right-of-way
boundary of 203rd STREET SOUTHWEST; thence northwesterly to
the southeast corner of LOT 1, S-60-78; thence north to the
northeast corner of said LOT 1; thence east to the southeast
corner of LOT 2, S-60-78; thence north to the northeast
corner of said LOT 2; thence east to the southwest corner of
LOT 18, MEADOW PARK ADDITION; thence north to the northwest
corner of LOT 1, MEADOW PARK ADDITION; thence northeasterly
to the midpoint of the south line of BLOCK 10, CENTRAL PARK
ADDITION; thence north to the midpoint of the north line of
BLOCK 1, CENTRAL PARK ADDITION; thence northwesterly to the
southwest corner of RT-18, SECTION 19; thence north to the
northwest corner of said RT-18; thence west to the southwest
corner of S-14-79; thence west to the northwest corner of
RT-1G-1, SECTION 19; thence south to the southeast corner of
RT-lG, SECTION 19; thence west to the southwest corner of
said RT-lG; thence north to the southeast corner of RT-lN,
SECTION 19; thence west along the south lines of RT-lN,
SECTION 19, RT-1H1, SECTION 19; thence continuing west along
said line to an intersection with the east line of RT-lE-1,
SECTION 19; thence south to the southeast corner of said
RT-lE-1; thence west to the southwest corner of RT-lE-2,
SECTION 19; thence along a line continued from said corner to
an intersection with the east right-of-way boundary of 80th
AVENUE WEST; thence south to an intersection with a line
extended from the south line of LOT 8, MAPLEWOOD GROVE;
thence west along south lines of LOTS 8 and 11, MAPLEWOOD
Page B2 of 19
GROVE to the southwest corner of said LOT 11; thence west to
the northwest corner of LOT 1, VALLEY HI; thence south to the
southwest corner of said LOT 1; thence west to the southwest
corner of LOT 18, VALLEY HI; thence north along the west
lines of LOTS 18 through 10, VALLEY III, to the northwest
corner of said LOT 10; thence west to the southeast corner of
LOT 8, TAMIWOOD; thence north along the east line of LOTS 8
through 4, TAMIWOOD, to the northeast corner of said LOT 4;
thence west to the northwest corner of said LOT 4; thence
northerly to the northeast corner of LOT 27, TAMIWOOD; thence
west to the northwest corner of said LOT 27; thence north to
the southeast corner of LOT 4, ROBERT E. THOMAS ADDITION;
thence west to the southwest corner of LOT 2, said ADDITION;
thence north to the northwest corner of said LOT 2; thence
continuing north to an intersection with the north line of
the northeast 1/4 of SECTION 19, this being on the centerline
of 196th STREET SOUTHWEST, at a distance of 102.5 feet more
or less east of the southwest corner of the southeast 1/4 of
SECTION 18, Township 27 North, Range 4 East W.M., situate in
Snohomish County, Washington; thence continuing north to the
north right-of-way boundary of 196th STREET SOUTHWEST; thence
west along last said boundary to the southwest courner of
RT-27, SECTION 18; thence north to the northwest corner of
said RT-27; thence west to the southwest corner of RT-27C-2,
SECTION 18; thence north to the northwest corner of RT-27C-1,
SECTION 18; thence east to the midpoint of the south line of
RT-2713, SECTION 18; thence north, parallel to 84th AVENUE
WEST to the midpoint of the north line of LOT 34, MAPLEWOOD
Page B3 of 19
GARDENS, UNRECORDED; thence west along said north line to an
intersection with a line 174 feet from, and parallel to the
west right-of-way boundary of 84th AVENUE WEST; thence north
along said parallel line to an intersection with the south
line of SEAVIEW ESTATES, NO. 2; thence east to the southwest
corner of LOT 6, SEAVIEW ESTATES NO. 2; thence north to the
northwest corner of LOT 1, SEAVIEW ESTATES NO. 2; thence east
along the north line of said LOT 1, a distance of 6 feet more
or less; thence north, parallel to 84th AVENUE WEST, to an
intersection with the south line of TRACT 20, EDMONDS SEAVIEW
TRACTS; thence west along said south line, a distance of 48.6
feet more or less; thence north, parallel to 84th AVENUE
WEST, to an intersection with a line 133 feet more or less
south of, and parallel to, the south right-of-way boundary of
188th STREET SOUTHWEST; thence east along said parallel line,
a distance of 60 feet more or less; thence north, parallel to
84th AVENUE WEST, to an intersection with the north
right-of-way boundary of 188th STREET SOUTHWEST; thence east
along said boundary, to the southwest corner of LOT 22,
SEAVIEW FOREST TRACTS; thence north along the west lines of
LOTS 22, 21, 8, and 7 of said TRACTS, and along the west line
of LOT 3, SEAVIEW FOREST TRACTS, DIVISION NO. 3, to the
northwest corner of said LOT 3; thence east to the northeast
corner of said LOT 3; thence north to the northwest corner of
LOT 6 of said TRACTS DIVISION NO. 3; thence east to the
northeast corner of said LOT 6; thence east to the southwest
corner of RT-13A-4, SECTION 18; thence north to the northwest
corner of said RT-13A-4; thence continue to an intersection
Page B4 of 19
with the north right-of-way boundary of 184th STREET
SOUTHWEST; thence east along said boundary to an intersection
with the west line of RT-5E, SECTION 18; thence north along
said west line, a distance of 150 feet more or less; thence
east to the northwest corner of LOT 17, BLOCK 18, FIRST
ADDITION TO CITY OF EDMONDS; thence east to the northeast
corner of said LOT 17; thence north parallel to ANDOVER
STREET, to an intersection with the south line of LOT 11,
SEAVIEW VILLAGE; thence east along said south line and along
the south line of LOT 10, SEAVIEW VILLAGE, to an intersection
with the west right-of-way boundary of 81st AVENUE WEST;
thence north along said boundary to an intersection with the
north right-of-way boundary of 183rd STREET SOUTHWEST; thence
east to an intersection with the east line of SEAVIEW
VILLAGE; thence northerly along said east line to the
northwest corner of LOT 4, DYER'S HOMES; thence east to the
southwest corner of LOT 4, SEAVIEW FIRS; thence north to the
northwest corner of LOT 3, SEAVIEW FIRS; thence east along
the north line of SEAVIEW FIRS, to an intersection with the
west right-of-way boundary of 80th AVENUE WEST; thence north
along last said boundary to an intersection with the north
right-of-way boundary of 180th STREET SOUTHWEST; thence east
along last said boundary continued to an intersection with
the east right-of-way boundary of OLYMPIC VIEW DRIVE; thence
southeasterly along last said boundary to an intersection
with the north line of LOT 1, BLOCK 2, ADMIRALTY ACRES;
thence east along said north line to an intersection with the
west right-of-way boundary of 76th AVENUE WEST; thence
Page B5 of 19
northerly along last said boundary to an intersection with
the south line of RT-30, SECTION 7, said point being on the
north line of Snohomish County Park; thence west along said
north line to the southwest corner of LOT 53, TALBOT PARK;
thence south to the southeast corner of LOT 43, TALBOT PARK;
said corner being also the northeast corner of LOT 5, TALBOT
SEAVIEW ADDITION, SECTION 18, thence south along the east
line of said LOT 5, to an intersection with the northerly
right-of-way boundary of OLYMPIC VIEW DRIVE; thence
southwesterly along last said boundary to an intersection
with the extended southerly line of LOT 22, PLAT OF MAPLE
MANOR, UNRECORDED; thence northwesterly along said southerly
line to the southwest corner of said LOT 22; thence
northeasterly along the east boundary to the Great Northern
Railway right-of-way to an intersection with the south line
of that Government Lot marked "J.C. LUND'S RESERVE", said
intersection being 58 feet more or less north of, and 60 feet
more or less west of the northwest corner of TRACT 13, LUND'S
MEADOWDALE TRACTS, and said intersection being also on the
northerly boundary of the City of Edmonds, Washington, as
described in City of Edmonds Ordinance No. 1004, dated August
1, 1963; thence easterly along said northerly boundary of the
City of Edmonds, being also the northerly right-of-way
boundary of LUND'S GULCH ROAD (not open), and being also the
southerly lines of that Government Lot marked "J.C. LUND'S
RESERVE" and of TRACTS 51 and 52, LUND'S MEADOWDALE TRACTS,
to an intersection with the east right-of-way boundary of
68th AVENUE WEST (vacated), at a distance of 390 feet more or
Page B6 of 19
less north of the southwest corner of TRACT 13, PLAT OF
MEADOWDALE BEACH; thence southerly along the said east
right-of-way boundary of 68th AVENUE WEST to an intersection
with the south right-of-way boundary of NORTH MEADOWDALE
ROAD; thence northwesterly along said boundary to an
intersection with a line 270 feet more or less south of, and
parallel to, the north line of SECTION 8, Township 27 North,
Range 4 East, W.M.; thence west along said parallel line to
an intersection with the west line of TRACT 83, PLAT OF
MEADOWDALE BEACH; thence south to the southwest corner of
said TRACT 83; thence west to northwest corner of TRACT 106
of said plat; thence south to the southwest corner of TRACT
117 of said plat; thence east to the southeast corner of
TRACT 114 of said plat; thence continue to an intersection
with the west right-of-way boundary of OLYMPIC VIEW DRIVE;
thence southwesterly along last said boundary to the
southeast corner of TRACT 154, PLAT OF MEADOWDALE BEACH;
thence west to the southwest corner of TRACT 155 of said
plat; thence southwesterly along the easterly right-of-way
boundary of 72nd AVENUE WEST, to an intersection with the
north right-of-way boundary of 180th STREET SOUTHWEST; thence
southeasterly to the northwest corner of RT-10A, SECTION 17;
thence south along west line of said RT-10A to an
intersection with the extended south line of LOT 1, PLAT OF
HOMEVIEW ADDITION NO. 1, SECTION 17, Township 27 North, Range
4 East, W.M.; thence west to the northwest corner of LOT 78,
PLAT OF HOMEVIEW ADDITION NO. 2; thence southerly along the
west line of said LOT 78, to an intersection with the
extended south line of LOT 8 of last-named plat; thence
Page B7 of 19
westerly along said south line to the southwest corner of LOT
1, HOMEVIEW ADDITION NO. 2; thence continue along said line
to an intersection with the east right-of-way boundary of
76th AVENUE WEST; thence southerly along said boundary of
76th AVENUE WEST to an intersection with the south
right-of-way boundary of OLYMPIC VIEW DRIVE; thence west to
the centerline of 76th AVENUE WEST; thence southerly along
said centerline to an intersection with the extended north
line of LOT 14, BLOCK 1, PARK ADDITION; thence west to the
northwest corner of LOT 8, BLOCK 1, PARK ADDITION; thence
south to the southwest corner of said LOT 8; thence continue
to an intersection with the south line of SECTION 18,
Township 27 North, Range 4 East, W.M., this being on the
centerline of 196th STREET SOUTHWEST; thence southwesterly to
the northeast corner of RT-2B, SECTION 19, Township 27 North,
Range 4 East, W.M.; thence south to the southeast corner of
said RT-2B; thence east to the northeast corner of LOT 14,
SANDALWOOD NO. 2; thence south along east lines of LOTS 14,
15, and 16, SANDALWOOD NO. 2, to the southeast corner of said
LOT 16; thence continue to an intersection with the south
right-of-way boundary of 199th STREET SOUTHWEST; thence east
along said boundary to the northeast corner of S-14-79;
thence continue east to the centerline of 76th AVENUE WEST;
thence southerly along said centerline of 76th AVENUE WEST to
the True Point of Beginning for AREAS E1 and L1 EXCEPT that
portion of the Lynnwood Treatment Plant area within AREA L1B,
and EXCEPT that portion hereinafter designated as AREA E1B.
Page B8 of 19
AREA E1B
TRACTS 71, 72 and 84, PLAT OF MEADOWDALE BEACH, minus east 10
feet of said TRACTS, together with that right-of-way lying
south of TRACT 72, and North of TRACT 84 and extending from
West boundaries of said TRACTS, to the East boundaries
thereof, all in Sections 5 and 8, Township 27 North, Range 4
East, W.M.; said area containing 12.6 acres.
AREA ElC
That portion of developed area of the pier commonly known as
the Laebugten Wharf, lying within TRACTS 2 through 11, PLAT
OF MEADOWDALE TIDELANDS, Sections 5 and 6, Township 27 North,
Range 4 East, W.M., situate in Snohomish County, Washington;
said area containing 2.0 Acres, more or less.
Page B9 of 19
EXHIBIT "B"
LEGAL DESCRIPTION OF JOINT SEWER AREA FOR CITY OF LYNNWOOD
AREA L1A
Beginning at the southwest corner SECTION 20, Township 27
North, Range 4 East, W.M., Snohomish County, State of
Washington, said corner being on the centerlines of 76th
AVENUE WEST AND 212th STREET SOUTHWEST; thence northerly
along the centerline of 76th AVENUE WEST to its intersection
with the centerline of 208th STREET SOUTHWEST, said point
being the True Point of Beginning of AREA "L1"; thence east
along said centerline to its intersection with the extended
west line of LOT 9, PLAT OF AURORA HEIGHTS; thence south
along said extended west line to the southwest corner of said
LOT 9; thence east to the southeast corner of said LOT 9;
thence south along the west line of LOT 5, BLOCK 1, SEATTLE
HEIGHTS DIVISION NO. 4, to the southwest corner of said LOT
5; thence east along the extended south line of LOTS 5, 4,
and 3, of said PLAT to its intersection with a line 20 feet
from and parallel to the east right-of-way boundary of 70th
AVENUE WEST; thence north along said parallel line, 235.68
feet more or less to its intersection with the extended south
line of LOT 12, HOYT ACRES; thence east along said extended
south line 223.23 feet; thence south to the southwest corner
of LOT 7, HOYT ACRES; thence east along the extended south
line of said LOT 7 to its intersection with the centerline of
SR-99; thence southwesterly along the centerline of SR-99 to
the extended line that bears S670031E from a point on the
east right-of-way boundary of SR-99, said point being 359.25
Page B10 of 19
feet south of the north line of LOT 31, SOLNER'S FIVE ACRE
TRACTS, measured along the east right-of-way boundary of
SR-99; thence southeasterly to the north right-of-way
boundary of the PACIFIC NORTHWEST TRACTION COMPANY
right-of-way; thence northeasterly along said boundary to its
intersection with the northerly right-of-way boundary of
212th STREET SOUTHWEST; thence easterly along last said
boundary to its intersection with the east line of the PLAT
OF MIRIAM PARK; thence north along said east line to its
intersection with the north line of said PLAT; thence west
along said north line continued to its intersection with the
southernmost point on ASSESSOR'S LOT NO. 4-038, SECTION 21,
said point being on the northwesterly right-of-way boundary
of INTERSTATE 5; thence northeasterly along said boundary to
its intersection with the southeast boundary of PACIFIC
NORTHWEST TRACTION COMPANY right-of-way; thence northeasterly
along last said boundary to its intersection with the east
right-of-way boundary of 44th AVENUE WEST; thence continuing
northeasterly along the southeast boundary of the PACIFIC
NORTHWEST TRACTION COMPANY right-of-way to the extended south
right-of-way boundary of 196th STREET SOUTHWEST; thence west
along said boundary to its intersection with the
northwesterly boundary of PACIFIC NORTHWEST TRACTION COMPANY
right-of-way; thence northeasterly along last said boundary
to its intersection with the extended northeasterly line of
TRACT 18, BLOCK 2, ALDERWOOD MANOR; thence southeasterly
along last said extended line of TRACT 18 to its intersection
with the southeasterly boundary of PUGET SOUND POWER AND
LIGHT COMPANY right-of-way; thence northeasterly along last
Page B11 of 19
said boundary to a point of intersection with an extension of
the east line of LOT 14, BLOCK 4, ALDERWOOD MANOR NO. 3;
thence north along said east line to its intersection with
the northwesterly right-of-way boundary of BEECH ROAD; thence
northeasterly along last said boundary to its intersection
with the south line of LOT 5, BLOCK 4, ALDERWOOD MANOR NO. 3;
thence west along said south line to the southeast corner of
LOT 3, said BLOCK 4; thence north along the east line of LOT
3 approximately 460 feet more or less; thence west parallel
to 182nd STREET SOUTHWEST to an intersection with the east
line of SECTION 15, Township 27 North, Range 4 East, W.M.;
thence north along said east line to the northeast corner of
said SECTION 15; thence west along the north line of said
SECTION 15, to an intersection with the westerly right-of-way
boundary of 36th AVENUE WEST; thence north along last said
boundary to its intersection with the southerly right-of-way
boundary of 164th STREET SOUTHWEST; thence westerly along
last said boundary to its intersection with the easterly
right-of-way boundary of SR-99; thence northwesterly to the
southeast corner of LOT 6, BLOCK 1, ALDERWOOD MANOR NO. 4,
said point being on the westerly boundary of SR-99; thence
northerly along the east lines of LOTS 6, 7, and 8, BLOCK 1,
ALDERWOOD MANOR NO. 4, to the northeast corner of said Lot 8;
thence northwesterly to the northeast corner of the northwest
1/4, SECTION 5, Township 27 North, Range 4 East, W.M.; thence
west along the north line of said SECTION 5 to its
intersection with the easterly right-of-way boundary of GREAT
NORTHERN R.Y.; thence southerly along last said boundary to
its intersection with the south line of that Government Lot
Page B12 of 19
marked "J.C. LUND'S RESERVE", said intersection being 58 feet
more or less north of, and 60 feet more or less west of the
northwest corner of TRACT 13, LUND'S MEADOWDALE TRACTS, and
said intersection being also on the northerly boundary of the
City of Edmonds, Washington, as described in City of Edmonds'
Ordinance No. 1004, dated August 1, 1963; thence easterly
along said northerly boundary of the City of Edmonds, being
also the northerly right-of-way boundary of LUND'S GULCH ROAD
(not open), and being also the southerly lines of that
Government Lot marked "J.C. LUND'S RESERVE" and of TRACTS 51
and 52, LUND'S MEADOWDALE TRACTS, to an intersection with the
east right-of-way boundary of 68th AVENUE WEST (vacated), at
a distance of 390 feet more or less, north of the southwest
corner of TRACT 13, PLAT OF MEADOWDALE BEACH; thence
southerly along the said east right-of-way boundary of 68th
AVENUE WEST to an intersection with the south right-of-way
boundary of NORTH MEADOWDALE ROAD; thence northwesterly along
said boundary to an intersection with a line approximately
270 feet more or less from, and parallel to, the north line
of SECTION 8, Township 27 North, Range 4 East, W.M.; thence
west along said parallel line to an intersection with the
west line of TRACT 83, PLAT OF MEADOWDALE BEACH; thence south
to the southwest corner of said TRACT 83; thence west to the
northwest corner of TRACT 106 of said PLAT; thence south to
the southwest corner of TRACT 117 of said PLAT; thence east
to the southeast corner of TRACT 114 of said PLAT; thence
continue to an intersection with the west right-of-way
boundary of OLYMPIC VIEW DRIVE; thence southwesterly along
said west boundary to the southeast corner of TRACT 154, PLAT
Page B13 of 19
OF MEADOWDALE BEACH; thence west to the southwest corner of
TRACT 155 of said PLAT; thence southwesterly along the east
right-of-way boundary of 72nd AVENUE WEST, to an intersection
with the north right-of-way boundary of 180th STREET
SOUTHWEST; thence east to an intersection with the east
right-of-way boundary of 72nd AVENUE WEST extended from south
of 180th STREET SOUTHWEST; thence south along said boundary
to an intersection with a line extended from the south line
of LOT 1, PLAT OF HOMEVIEW ADDITION NO. 1, SECTION 17,
Township 27 North, Range 4 East, W.M.; thence west to the
northwest corner of LOT 78, PLAT OF HOMEVIEW ADDITION NO. 2;
thence south along the west line of said LOT 78, to an
intersection with a line extended from the south line of LOT
8 of last named PLAT; thence west along said south line to
the southwest corner of LOT 1, HOMEVIEW ADDITION NO. 2, said
SECTION 17; thence continue said line to an intersection with
the east right-of-way boundary of 76th AVENUE WEST; said
intersection lying in SECTION 18, Township 27 North, Range 4
East, W.M.; thence southerly along east right-of-way boundary
of 76th AVENUE WEST, to an intersection with the south
right-of-way boundary of OLYMPIC VIEW DRIVE; thence west to
the centerline of 76th AVENUE WEST; thence southerly along
said centerline to an intersection with extended north line
of LOT 14, BLOCK 1, PARK ADDITION; thence west to the
northwest corner of LOT 8, BLOCK 1, PARK ADDITION; thence
south to the southwest corner of said LOT 8; thence continue
to an intersection with the south line of SECTION 18,
Township 27 North, Range 4 East, W.M., this being on the
Page B14 of 19
centerline of 196th STREET SOUTHWEST; thence southwesterly to
the northeast corner of RT-2B, SECTION 19, Township 27 North,
Range 4 East, W.M.; thence south to the southeast corner of
said RT-2B; thence east to the northeast corner of LOT 14,
SANDALWOOD NO. 2; thence south along east lines of LOTS 14,
15, and 16, SANDALWOOD NO. 2, to the southeast corner of said
LOT 16; thence continue to an intersection with the south
right-of-way boundary line of 199th STREET SOUTHWEST; thence
east along said boundary to the northeast corner of S-14-79;
thence continue east to the centerline of 76th AVENUE WEST;
thence southerly along said centerline of 76th AVENUE WEST to
the True Point of Beginning for AREA "L1"; EXCEPT that
portion hereinafter designated as AREA "L2".
Page B15 of 19
AREA L1B (Include)
Commencing at the East quarter corner of SECTION 7, Township
27 North, Range 4 East, W.M., and proceeding thence along the
centerline of 76th AVENUE WEST (also known as MEADOWDALE
ROAD) North 1011'45" East 602.27 feet to the True Point of
Beginning; thence North 61033110" West 22.50 feet to the
point of intersection of the westerly line of 76th AVENUE
WEST and the southwesterly line of BROWN'S POINT ROAD (also
known as BERTOLA ROAD) as recorded under Auditor's file No.
733197; thence northwesterly, northerly and northeasterly
along the southwesterly, westerly and northwesterly line of
said BROWN'S POINT ROAD, with the following courses, curves
and distances:
North 61033'10" West 198.53 feet, on a curve to the right
having a radius of 120.00 'feet a distance of 80.69 feet;
North 23001130" West 141.15 feet; North 9021130" West 76.47
feet, on a curve to the right having a radius of 170.00 feet
a distance of 67.93 feet; North 13032110" East 4.07 feet;
thence N 89003'05" West 146.80 feet; thence N30000'W, 139.92
feet; thence N89003'05"W, 476.72 feet to the Government
meander line; thence southwesterly along said Government
meander line to the south corner of LOT 2, EDMONDS TIDE
LANDS; thence northerly along west line of said LOT 2, to a
point on the south line of LOT 43, PLAT OF MEADOWDALE TIDE
LANDS; thence along said south line to the westerly line of
said LOT 43; thence northerly along the westerly line of LOT
43 and LOT 42 of said PLAT to the north line of said LOT 42;
Page B16 of 19
thence easterly along said North line and the easterly
projection thereof, to an intersection with the Easterly
right-of-way line of the GREAT NORTHERN RAILWAY; thence
southwesterly along said right-of-way line to the north line
of GOVERNMENT LOT 2, SECTION 7, Township 27 North, Range 4
East, W.M.; thence S89003105"E, along said north line to a
point which is S89003105"E, 538.90 feet from said Government
meander line; thence S38005141"E, 193.14 feet; thence
N8900310511W, 29.65 feet to a point on the easterly line of
the aforementioned BROWN'S POINT ROAD; thence southwesterly,
southerly and southeasterly along the southeasterly,
easterly, and northeasterly line of said BROWN'S POINT ROAD
and the projection thereof to its intersection with the
centerline of 76th AVENUE WEST; thence S1011145"W, 45.0 feet
to the True Point of Beginning.
TRACTS 106, 116, and 117, PLAT OF MEADOWDALE BEACH, all in
SECTION 8, Township 27 North, Range 4 East, W.M., Snohomish
County, Washington; said area containing 31.4 acres more or
less, all as shown on EXHIBIT "A", attached hereto.
AREA L3
Beginning at the Northeast corner of the Southeast 1/4,
Southwest 1/4, SECTION 20, Township 27 North, Range 4 East,
W.M.,; Snohomish County, State of Washington; thence West
672.13 feet more or less; thence North 30 feet to the True
Point of Beginning; thence West 455.23 feet more or less to
Page B17 of 19
its intersection with the extended West line of LOT 9, PLAT
OF AURORA HEIGHTS; thence South 70 feet to the Northwest
corner of LOT 9, PLAT OF AURORA HEIGHTS; thence continue the
same course 292.26 feet to the Southwest corner of LOT 9,
PLAT OF AURORA HEIGHTS; thence East 104.02 feet along the
South line of LOT 9 of said PLAT OF AURORA HEIGHTS; thence
South 302.04 feet along the West line of LOT 5, BLOCK 1,
SEATTLE HEIGHTS DIVISION NO. 4; thence East 352.9 feet along
the extended South line of LOTS 3, 4, and 5, PLAT OF SEATTLE
HEIGHTS DIVISION NO. 4; thence North 267.47 feet; thence East
356.98 feet; thence North 150.03 feet more or less; thence
West 357.13 feet; thence North 252.50 feet to the True Point
of Beginning.
TOGETHER with LOTS 7 through 12 inclusive, HOYT ACRES, less
the North 30.0 feet of LOT 12 as measured at right angles to
the North line of said LOT 12; plus that portion of the East
half of the Southeast Quarter of the Southwest corner of
SECTION 20, Township 27 North, Range 4 East, W.M.; beginning
at the Southwest corner of LOT 7, HOYT ACRES: thence North
361.46 feet to a point on the South line of LOT 12, said HOYT
ACRES projected West; thence East along said extended South
line of LOT 12, 181.23 feet to the Southwest corner of said
LOT 12; thence along the Westerly boundary of LOTS 7 through
11, said HOYT ACRES, 399.16 feet to the Point of Beginning;
plus that portion of the East half of the Southwest Quarter
of the Southwest Quarter of SECTION 20, Township 27 North,
Range 4 East, W.M.,; beginning at the Northwest corner of
Page B18 of 19
LOT 12, HOYT ACRES; thence along the West line of LOT 12 for
a distance of 33.14 feet, to a point that is 30.0 feet South
of the North line of LOT 12, as measured at right angles;
thence West for a distance of 60.0 feet; thence Southwest for
a distance of 19.14 feet; thence West for a distance of
366.98 feet more or less to the center of 70TH AVENUE WEST;
thence South along said centerline for a distance of 25.0
feet; thence East for a distance of 414.44 feet more or less
to the Southwest corner of LOT 12, HOYT ACRES; thence
Northeast for a distance of 46.76 feet more or less to the
True Point of Beginning. EXCEPT the Westerly portion deeded
for road purposes for 70TH AVENUE WEST.
Page B19 of 19
EXHIBIT "C"
DESCRIPTIONS OF JOINT SEWERAGE SYSTEMS
PART 1
The term "joint sewerage system Part 1" shall mean the
presently existing facilities owned and operated by Lynnwood
consisting of a sewage treatment facility and truck sewers
being located as follows:
UNIT 1: Beginning at the intersection of 208th ST. S.W. with
76th AVE. W. and thence northerly in and along 76TH AVE. W.
to the LYNNWOOD sewage treatment plant, UNIT 9A.
UNIT 2A: Beginning at the intersection of OLYMPIC VIEW DRIVE
with 76TH AVE. W., thence east and northeasterly in and along
OLYMPIC VIEW DRIVE TO 180TH ST. S.W.; thence easterly in and
along 180TH ST. S.W. a distance of 200' more or less; thence
northerly in and along an easement and parallel with 68TH
AVE. W. to 176th ST. S.W.; thence northeasterly parallel with
OLYMPIC VIEW DRIVE to an intersection with 173RD ST. S.W.
UNIT 2B: Beginning at the north end of UNIT 2A; thence
northwesterly to OLYMPIC VIEW DRIVE; thence northeasterly in
and along OLYMPIC VIEW DRIVE to its intersection with 168TH
ST. S.W.
UNIT 2C: Beginning at the north end of UNIT 2B; thence west
along 168TH ST. S.W. to an intersection with 63RD AVE. W.;
Page Cl of 8
thence north along 63RD AVE. W. and easement to an
intersection with an easement along the south line of WREN
GLEN NO. 2, Section 8, Township 27 North, Range 4 east W.M.;
thence west along last said easement to an intersection with
64TH AVE. W.; thence north to an intersection with 165TH PL.
S.W.; thence west in and along 165TH PL. S.W. and easement to
an intersection with 66TH AVE. W.; thence south to an
intersection with NORTH MEADOWDALE ROAD; thence westerly in
and along said road to an intersection with 68TH AVE W.;
thence north in and along 68TH AVE. W. to an intersection
with 164TH ST. S.W.;
TOGETHER with the sewage treatment plant constructed as UNIT
9A; and the outfall sewer constructed as UNIT 9B, all as
shown on EXHIBIT "A", attached hereto; and
TOGETHER with such replacement, additions or betterments
thereto which may be constructed in the future for the joint
benefits of the parties hereto.
PART 2
The term "joint sewerage system Part 2" shall mean the
presently existing facilities owned and operated by Edmonds
consisting of a system of 8" trunk sewers being located as
follows:
UNIT 3: Beginning at the intersection of MEADOWDALE BEACH
ROAD with 72ND AVE. W.; thence northwesterly and westerly in
Page C2 of 8
and along MEADOWDALE BEACH ROAD to 76TH AVE. W.; thence south
in and along 76TH AVE. W. a distance of 157' more or less;
thence northwesterly 100' more or less; thence southwesterly
148' more or less; thence westerly to a point of connection
with existing LYNNWOOD 24" sewer on approximate centerline of
BERTOLA ROAD; said section containing approximately 2,380
lineal feet of sewer line; all as shown on EXHIBIT "A",
attached hereto; and
TOGETHER with such replacements, additions or betterments
thereto which may be constructed in the future for the joint
benefits of the parties hereto.
PART 3
The term "joint sewerage system Part 3" shall mean the
presently existing facilities owned, operated and maintained
as set forth below and consisting of:
UNIT 4: 1,248 lineal feet of 8" sewer constructed in 1967
pursuant to ESR-218 and ESR-269 plus 775 lineal feet of 8"
sewer constructed in 1964 pursuant to ESR-221; both presently
owned, operated and maintained by Edmonds, and located as
follows:
Beginning at a point 115' more of less south of the
intersection of 210TH S.W. and 70TH AVE. W.; thence south
543' more or less in and along 70TH AVE. W. to an
intersection with 212TH ST. S.W.; thence west 705' more or
less in and along 212TH ST. S.W. to an intersection with 72ND
Page C� of 8
AVE W.; from said intersection, stub north 35' more or less;
also from said intersection, bearing south in and along 72ND
AVE. W., 705' more or less to a connection with UNIT 5.
UNIT 5: 785 lineal feet of 8" sewer, 1,440 lineal feet of 4"
force main, 1,462 lineal feet of 10" sewer and 130 lineal
feet of 12" sewer, together with a pump station, all
constructed in 1964 pursuant to LID-119 and presently owned,
operated and maintained by Edmonds and located as follows:
Continuing from UNIT 4 connection, south 600' more or
less in and along 72ND AVE. W. to an intersectsion with 216TH
ST. S.W.; thence east 185' more or less in and along 216TH
ST. S.W. to the pump station situated west of U.S. HIGHWAY
99; thence southwesterly by force main in and along U.S.
HIGHWAY 99, a distance of 1,440' more or less to an
intersection with 220TH ST. S.W.; thence southwesterly 1,462
more or less in and along U.S. HIGHWAY 99 to an intersection
with 224TH ST. S.W.; thence east in and along 224TH ST. S.W.
130' more or less to a connection with UNIT 6.
UNIT 5A: 1,440 lineal feet of 8" force main constructed in
1979 to increase capacity to meet present and future needs
and presently owned, operated and maintained by Edmonds and
located as follows:
Continuing from UNIT 5 pump station at 216TH ST. S.W.;
thence southwesterly in and along U.S. HIGHWAY 99 to 220TH
ST. S.W. connection with UNIT 5.
Page C4 of 8
UNIT 6: 3,921 lineal feet of 12" sewer and 38 lineal feet of
15" sewer, all constructed in 1963 pursuant to LID-108 and
presently owned, operated and maintained by Edmonds and
located as follows:
Continuing from UNIT 5 connection in 224TH ST. S.W.;
thence east 454' more or less in and along 224TH ST. S.W. to
an intersection with 73RD AVE. W.; thence south 664' more or
less in and along 73RD AVE. W. to an intersection with an
easement along the north line of LAKE BALLINGER HOMES NO. 2,
Section 29, township 27 north, Range 4 east W.M.; thence east
394' more or less in and along said easement to an
intersection with the PACIFIC NORTHWEST TRACTION CO.
right-of-way; thence southerly in and along said
right-of-way, 906' more or less to an intersection with an
easement 200' more or less south of 228TH ST. S.W.; thence
southwesterly 162' more or less in and along last said
easement to the intersection of 229TH ST. S.W. and 74TH AVE.
W.; thence southerly 412' more or less in and along 74TH AVE.
W. to 230TH ST. S.W.; thence southeasterly 194' more or less
in and along an easement to an intersection with the PACIFIC
NORTHWEST TRACTION CO. right-of-way; thence southerly in and
along said right of way 735' more or less to an intersection
with 75TH PL. W.; thence southeasterly 38' more or less,
crossing said TRACTION CO. right-of-way to a connection with
UNIT 7A.
UNIT 7A: 3,840 lineal feet of 24" diameter trunk sewer
(Ballinger Trunk) constructed jointly by Edmonds and
Mountlake Terrace in 1962 pursuant to the joint use agreement
Page C5 of 8
dated September 15, 1961, and presently owned, operated and
maintained by Edmonds.
UNIT 8: The existing sewage lift station constructed by
Mountlake Terrace at the southerly end of Lake Ballinger in
1959, and presently owned, operated and maintained by
Mountlake Terrace.
UNIT 9: 3,246 lineal feet of 18" diameter pressure pipeline
constructed by Mountlake Terrace in 1959 along 244th St. S.W.
from the said lift station (UNIT 8) to its point of discharge
into a gravity trunk sewer (UNIT 10) at U.S. HIGHWAY 99, and
presently owned, operated and maintained by Mountlake
Terrace.
UNIT 10: The existing gravity trunk sewer constructed by
Mountlake Terrace in 1959 along EDMONDS WAY from U.S. HIGHWAY
99 to 98TH AVE W. in Edmonds, the most southerly 1,115 lineal
feet thereof being 30" diameter pipe and the remainder being
of 24" diameter pipe, transferred to jurisdiction, operation
and maintenance by Edmonds pursuant to the Joint Use
Agreement dated October 5, 1971.
UNIT 11: The existing 24" and 30" gravity trunk sewer
constructed by Edmonds in 1959 from the end of UNIT 10 at
98TH AVE. W. along EDMONDS WAY and FIFTH AVE. in the City of
Edmonds to ELM ST., thence westerly on ELM ST. and northerly
to existing treatment plant of the City of Edmonds at SECOND
Page C6 of 8
AVE. and DAYTON ST., and presently owned and operated and
maintained by Edmonds.
UNIT 12: The original sewage treatment plant at SECOND AVE.
and DAYTON ST. in Edmonds, as it existed on February 28,
1959, and presently owned, operated and maintained by
Edmonds.
UNIT 12A: The existing 36" diameter sewer outfall extending
a distance of approximately 1,800 lineal feet from the
Edmonds sewage treatment plant into deep salt water, and
constructed by Edmonds in 1959, and presently owned, operated
and maintained by Edmonds.
UNIT 12B: The modifications and additions to the original
Edmonds sewage treatment plant (UNIT 12) as constructed by
Edmonds in 1959 to expand the original plant capacity for
service to Mountlake Terrace under the Joint Use Agreement of
February 28, 1959, and presently owned, operated and
maintained by Edmonds.
UNIT 12C: The modifications and additions to the Edmonds
sewage treatment plant as constructed by Edmonds in 1967 for
conversion from sludge digestion to a sludge thickening and
incineration process for sewage sludge disposal, and
presently owned, operated and maintained by Edmonds.
UNIT 12D: The additions to the Edmonds sewage treatment
Page C7 of 8
plant as constructed by Edmonds in 1971 to increase plant
capacity to meet present and future needs, and presently
owned, operated and maintained by Edmonds.
UNIT 12E: The extension and modification of the existing 36"
diameter sewer outfall as constructed by Edmonds in 1971, in
compliance with changes in requirements by State agencies,
and presently owned, operated and maintained by Edmonds, and
ALL as shown on EXHIBIT "B", attached hereto;
TOGETHER with such replacements, additions or betterments
thereto which may be constructed in the future for the joint
benefits of the parties hereto.
Page C8 of 8
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Page E1 of 8
EXHIBIT "E"
CAPITAL COSTS OF PART 3 SEWERAGE ELEMENTS
UNIT
EDMONDS
CAPITAL CHARGE TO
CAPITAL CHARGE TO
NO.
CAPITAL
LYNNWOOD-PRESENT
LYNNW OD -FUTURE
COST
(1) DIST. I COST
(2) DIST. COST
4
$ 16,184.
75 Units
119 Units
5
37,922.
per P.S.C.O.G. 1990
5A
46,512.
forecasts. (Estimate)
Trunka e
6
55,080.
SUB -TOTAL
$ 155 698.
0.0670
$10 432.
0.0945
$14,713.
7A
303,061.
0.0149
4,516
0.0210
6,364.
8
186,877.
0.0069
1,289.
0.0098
1,831.
9
75,694.
0.0069
522.
0.0098
742.
10
169:382.
0.0059
999.
0.0085
1,440.
Trunkage
11
193 516.
0.0053
1,026.
0.0076
111471.
TOTAL
12084,238.
0.01732
$18,784.
0.0245
$26 561.
12
160,990.
0.0035
563.
0.0050
805.
12B
102,856.
0.0035
360.
0.0050
514.
12C
272:626.
0.0035
954.
0.0050
1,363.
Plant
12D
474,959.
0.0035
1 662.
0.0050
2,375.
TOTAL
1 011 431.
0.0035
$ 3,539.
0.0050
5,057.
12A
108,127.
0.0035
378.
0.0050
541.
Outfall
12E
23 433.
0.0035
82.
0.0050
117.
TOTAL
$ 131 560.
0.0035
460.
0.0050
658.
GRAND TOTAL
2 227 224.
0.01023
$22,783.
0.0145
32 276.
Annual Payment over 20-year period @ 8%
$ 2,320.50
$ 3,287.38
Monthly Payment over 20-year period @ 8%
$ 190.57
$ 269.97
CAPACITY
RESERVED: PRESENT
FUTURE
MG YEAR: 6.897
10.94
AV. ANN. MGD: 0.0189
0.030
OF 7.0 MGD: 0.270
0.428
(1) See Page E6 of 8 for derivation of numbers in this column.
(2) See Page E7 of 8 for derivation of numbers in this column.
NOTE: It is expressly understood by both parties hereto that Lynnwood's capacity
in Edmonds sewerage designated as Part 2, Unit 3, is to be exchanged for
Edmonds' capacity in Lynnwood's sewerage designated as Part 1, Unit 2C
all as shown on Exhibit "A" attached hereto.
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EXHIBIT "F"
DETERMINATION OF SEWAGE FLAWS AND MAINTENANCE AND
OPERATIONS EXPENSE APPORTIONMENT' AMID CAPACITY USED
A. AT LYNNWOOD TREATMENT PLANT:
December 31, 1981
WATER CONSUMPTION (100 CU. FT.)
PERIOD
EDMONDS
LYNNWOOD
TOTAL
11/80 - 1/81
28,259
172,045
1/81 - 3/81
27,683
164,620
3/81 - 5/81
28,896
178,934
5/81 - 7/81
33,286
208,045
7/81 - 9/81
46,757
224,272
9/81 - 11/81
31,430
199,387
196,311
1,147,303
7.48x100
x 1,000,000 =
146.860
858.297
1,005.157 MG/yr.
Plant Sewage Flow =
1,049.375 MG/yr
(SFR) Sewage Flow Ratio=
1005.157/1,049.374 =
0.9579
SEWAGE FLOWS:
=SFRxwater consumption
0.385
2.252 MGD
2.637 MGD Av. Ann. Flow
365 days
(0.385/2.637) 1
(2.252/2.637)
X(100)
X(100)
% M+0 CHARGE:
= 14.60%
= 85.40%
100.00%
% of 2.20 MGD
(0.385/2.20)
(2.252/2.20)
x(100)
X(100)
CAPACITY USED:
= 17.500
= 102.364%
119.864.
B . AT EDMONDS TREATMENT:
Water Consumption @ Area L3 =
(30) units x 1070 cu.ft./unit month x 12x7.48 gal. cu. ft.
1,000,000
- 2.881 MG/yr
Plant Sewerage Flow = SFR x Water Consumption
0.9579 x 2.881
2.760 MG/yr
Plant Sewage Flow = 1,961.347 MG/yr
% M+O Charge = (2.760 s 1,961.347) (100) = 0.141%
% of 7.00 MGD = 2.760 (100) = 0.108%
Capacity Used 365 (7.00)
Revised 9/24/82 Page F1 of 3
APPENDIX F
APPORTIONMENT OF LYNNWOOD MAINTENANCE &
OPERATION COSTS TO EDMONDS
FOR THE FISCAL YEAR ENDING
DECEMBER 31, 1981
SALARIES:
*Includes
vacation & sickleave pay
$
67,168.16
BENEFITS:
$
21,963.99
CHEMICALS:
$
7,223.24
SUPPLIES:
(includes
diesel)
$
12,004.51
MATERIALS:
$
5,531.81
CONTRACTED
SERVICES:
*Grit hauling & outside repairs
$
5,194.35
INSURANCE
PREMIUMS:
$
7,920.37
UTILITIES:
(POWER, LIGHT,
WATER, HEAT)
$
11,860.61
TOOLS:
$
-0-
EQUIPMENT:
(includes
replacement equipment)
$
2,928.94
TAXES:
$
-0-
TOTAL COST:
$141,795.98
% M&O CHARGE FROM
EXHIBIT F, PAGE 1 of 3.A:
14.60
APPORTIONED COST TO EDMONDS: $ 20,702.21
Revised: 4/22/82 Page F2 of 3
wnnrunry r
APPORTIONMENT OF EDMONDS MAINTENANCE AND OPERATION
COSTS TO LYNNWOOD
FOR THE FISCAL YEAR EUTWrEMBER 31, 1981
SALARIES: $153,634.10
BENEFITS: 31,626.48
CHEMICALS: 21,067.22
SUPPLIES (INCLUDING FUEL): 40s741.99
MATERIALS: 11,658.09
CONTRACTED SERVICES (INCLUDING GRIP DISPOSAL): 12,019.39
INSURANCE PREMIUMS: 3,139.96
UTILITIES (POWER, LIGHT, WATER, HEAT): 18,133.47
TOOLS: -0-
EQUIPMENT (INCLUDES RENTALS): 32,257.03
TAXES: -0-
TOTAL COST: $324,277.73
% M + 0 CHARGE FROM
EXHIBIT F, PAGE 1 of 3.B: 0.141
APPORTIONED COST TO LYNNWOOD $ 457.23
Revised: 3/31/82 Page F3 of 3
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CITY OF EDMONDS & CITY OF LYNNWOOD
PArx. 2 (REV. 5/29/62)
COSTS. HOWEVERa THE SAID FEES ARE TO CONSIST OF BI-MONTHLY CHARGES COMPUTED ON
A FAIR AND EQUITABLE BASIS, UNDER WHICH EDMONDS IN EFFECT WILL BEAR ITS PRORATA
SHARE OF THE TOTAL ANNUAL COSTS RELATING TO THE LYNNWOOD FACILITIES USED., PLUS A
REASONABLE PERCENTAGE THEREON AS ALLOWANCE FOR CONTINGENCIES, INTANGIBLE AND IN-
DIRECT COSTS. AN^IUAL COSTS AS HERE REFERRED TO SNALL INCLUDE (A) MAINTENANCE AND
OPERATING COSTS' AND (B) DEBT SERVICE, ON THOSE SEWERAGE FACILITIES OF LYNNWOOD
THROUGH WHICH SERVICE IS PROVIDED TO EDMONDS. EXCEPTING WHERE MASTER METERING IS
THOROUGHLY PRACTICAMI.E., SEWAGE DISPOSAL FEES ARE TO BE ASSESSED UPON A 'PER SERVICE
CONNECTION" BASIS.
VERY TRULY YOURS.9
10, MIDDLETON & ASSOCIATES, INC
0
H. REID
JMR:TC
RATIFICATION:
THE FOREGOING, TEXT CORRECTLY REPRESENTS THE GENERAL AGREEMENT REACHED BY THE
PARTIES THERETO AT A SPECIAL MEETING HELD AT THE CITY HALL OF EDMONDS ON THE EVENING
OF MAY 17, 1962.
s LE CialNNWESy,YPfAYORI CITY OF ❑MONET � CK NNETT� AYOR� CITY OF VNNWOOD
DAT- : �� d , % DATE:
REID, MIDDLETON & ASSOCIATES, INC.
CONSULTING ENGINEERS & LAND SURVEYORS
324 MAIN STREET PROSPECT 8 -1171
EDMONDS) WASHINGTON
MAY 23, 1962
FILE No. 14.40M
(XF 1.298)'
HONORABLE MAYOR & CITY COUNCIL,
CITY OF EDMONDS, WASHINGTON
AND
HONORABLE MAYOR & CITY COUNCIL,
CITY OF LYNNWOOD, WASHINGTON.
RE: EXPRESSION OF AGREEMENT
LYNNWOOD SEWERAGE FACILITIES
GENTLEMEN:
PRESENTED HEREIN, PURSUANT TO ORAL REQUEST BY MAYOR MCGINNESS AND MAYOR
BENNETT AT THE CLOSE OF A SPECIAL MEETING HELD AT THE EDMONDS CITY HALL ON THE
EVENING OF MAY 17, 1962, AND ATTENDED BY THE MAYORS AND CITY COUNCIL COMMITTEEMEN
OF EDMONDS AND LYNNWOOD, IS WRITTEN EXPRESSION OF THE GENERAL AGREEMENT REACHED BY
ALL PARTIES PRESENT AT THE SAID MEETING., IT IS SUGGESTED THAT COPIES OF THIS LETTER
BE PLACED ON OFFICIAL RECORD FOLLOWING APPROPRIATE RATIFICATION.
THE SUBJECT AGREEMENT REACHED BY THE PARTIES WAS AS FOLLOWS:
A. THE EASEMENTS HERETOFORE REQUESTED BY LYNNWOOD FOR CONSTRUCTION
OF SANITARY SEWERS AND APPURTENANCES WITHIN THE CITY STREETS OF EDMONDS WILL BE
GRANTED BY THE CITY COUNCIL OF EDMONDS AT THEIR NEXT REGULAR MEETING ON JUNE 5, 19623
SUBJECT TO NORMAL REQUIREMENTS OF PROPER AND ADEQUATE TRAFFIC CONTROL, PROTECTION OF
PUBLIC AND PRIVATE PROPERTY, ROUTE RESTORATION, EXPEDITIOUS ACCOMPLISHMENT OF PRO-
JECT WORK, AND SUBSEQUENT OPERATION ANC MAINTENANCE OF THE SAID SEWERAGE FACILITIES.
B. THE CITY OF LYNNWOOD, UPON REQUEST BY THE CITY OF EDMONDS, WILL
AFFORD SEWERAGE SERVICE TO ANY AREAS AND/OR ESTABLISHMENTS WITHIN THE CORPORATE
LIMITS OF EDMONDS WHICH LOGICALLY MAY BE SERVED BY LYNNWOOD SEWAGE DISPOSAL FACILITIES,
INCLUDING THE BROWNS BAY TREATMENT PLANT AND OUTFALL (UNITS 9A AND 913), THE GRAVITY
TRUNK SEWERS ON 76TH AVE. W. AND 25TH AVE. N. (UNITS 6 AND 8), AND THE SOUTHWEST
LYNNWOOD PUMPING STATION AND FORCE MAIN (UNIT 12).
C. COLLECTING SEWERS, SEWER LATERALS, LIFT STATIONS, PRESSURE SEWERS
AND/OR OTHER FACILITIES REQUIRED TO DELIVER SANITARY SEWAGE FROM THE SAID EDMONDS
AREAS INTO THE LYNNWOOD SEWERAGE SYSTEM WILL BE PROVIDED BY EDMONDS, IN ACCORDANCE
WITH ACCEPTED ENGINEERING STANDARDS, AND THE SAID FACILITIES WILL BE OPERATED AND
MAINTAINED BY EDMONDS IN SUCH MANNER AS TO INSURE ACCEPTABLE QUALITY AND CHARACTER
OF THE SEWAGE DELIVERED INTO THE LYNNWOOD SYSTEM.
D. SEWAGE DISPOSAL FEES TO BE CHARGED BY LYNNWOOD TO EDMONDS FOR
THE SAID SEWERAGE SERVICE WILL BE NEGOTIATED AT A LATER DATE, AFTER LYNNWOOD HAS
HAD AN OPPORTUNITY TO MORE CAREFULLY EVALUATE ITS ACTUAL CONSTRUCTION AND OPERATING
1
CITY OF" "Di+;oNDS CITY OF' Lui wuoo
PACT: 2 (REV. 5/ /62)
COSTS. Ho Enn, THE SAID FEES ARE TO CONSIST OF BI-MONTHLY CHAF.GES COMPUTED ON
A FAIR AND EQUITACLI_ BASIS, UP-1DF:R WHICH EDNIONDS IN EFFECT WILL HEAR ITS PRORATA
SHARE OF THE TOTAL ANNUAL COXIS RELATING, TO THE LY ,iHWOOD FACILITIES USED, PLUS A
REASONABLE PERCI f4TAGE THEREON AD ALLOI.'A110E FOf: CONTINGENCIES, INTANGIBLE AND IN-
DIRECT COSTS. A;P4PIl}r L COSTS AS HERE RE: F'F RFICD TO ^ia'IALL INCLUDE (A) MAIN ¢ I N' Ncr- AND
OPERATING COSTS, API., (0) DEDT SERVICE, ON THOSE SEEd[MAGE FACILITif_'5 OF Lw4N41OOD
T14f2OUGW WHICH SERVICE IS PROVI Inc D TO EDMONDS. EXCEPTING WHERE MASTER METERING Is
THOROUGHLY RI2f Cif Cry;. LE, SEWAGE DISPOSAL FEES EWE TO BE ASSESSED UPON A "PER SERVICE
CONNECTION`S BASIS.
VERY TRULY YOURS,
9D, 14I DDLET0111 &ASSOCIATES, 9 MC -
-11 /2.,f)
I
JH : Tc
RAT I r I CAT ION:
TmE FOrrG01?4G TEXT CORK: GTLY REPf:'E:5CMTS TIIE GENERAL ACREEMENT REACHED BY THE
PARTIES 11-II.131':TO AT A SPECIAL MUTING IA7LD AT THE Cl i'Y MALL or EDMOwnss ON THE EVENING.,
Or PLAY 17, 1962.
)f'13+�UL1=4I'�1Ct14Ef+lE:SSy �Y•:r1YOF;, L,rI TY CF�[a13P>;afd[�Fe••'
DA T::: DA