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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 H H wo 5rw LO cry M n O O O O O O 00 00 1� 1� cr) Ln n N N O 1� 0 CD 0 CD 0 0 o o 0 0 0 .� � Oc+'1 OM It O O M w w O M O O w w 00 N N N N N N V) Lr) Lr, Ln .0 .0 .0 .O \ O O O c0 \ \ \ \ \ N m rn m ON O M 00 Cc O 00 CV r-4 CYy M 00 O M 00 .o Lry w o -4 w Ln L .o c+ f 00 M n 00 O M N r- N 1� v} t!i t!} {ri L} oN o 0 0 N M m 0) N a-J H 0 .. z H� a� p 41 Fq N 4-1 N Pa r v N 0 cA ^ a)O N m r N co W q q � H v 1 ra H 1-i �+ •d O H o H d U N n cr) cry cr) cry \ O cry ir) cry cr) \ co 00 00 00 r-c N M �t v I + JJ En 1-1 i r U 4J M Lr) r-I co 4-1 Pr4 � O O U N HO y.J 0 Cn (n EH 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. 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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 Carsum:a Fuswcrw L LAwo SURKYORS 321 HO-M 2== NOSPEC7 KIM =01DW WASUINGTON won1su Win & CITY couluk, OTY Or Ermonns, Wulmnlon AI ID WOVAW MAYOn n WY COUNCK, C 1 1Y cv Lvmmucov , VQ sm A mom (DI 's � (t. -L. MAY 23, 1062 FILE W 10.401 QF 1.200)' W EXPRES00:1 Ov WEEMENT LYNNWOOD SEWEnAuz FmLJTIVS ,j; ppmEnTED HUREIN, ?UPGUANT TO ORAL REQUES- OY MAY02 MCGINNESS AND MAYOP &MMETT nT TOE CLCOE OF A SPICKL NECIJrO VOLD Al TUZ EDMONDS C07Y HALL ON THE EVENIXG OF MAY 17, 1902, AWLS 117ENDEU U- T;Z MAYOnS AND CITY COUMC3L COYSITTEEMEN OF EUMONDS Ano LwNwcoo, SS =IrYEM EXPUEnVIOW OV YMZ 0ENERAV ACnITEMEMT nFAC14% SY ALL PARTIES PREKNT AY T!X 4410 WEETINC. Q In SU60ESTEO TUOT COPIEW OF 1HIS QTT0`,1 CE PLACED ON 070004 RUC04D FOLLOWINC APPCUPRIAIE 2ATIVICATION. TOE SUOJECT AC1S=VT rEACIAZU ny TOE BABA KS WAS An FOLLOWS; A. !UE CAKMENTO V1:Ur70FOnE nEnUEOTED Uy WMIU000 VON COUITRUCTIM,� OV SANITAnY SMIr IND APPj2TENIMCES WITHIN YNE CITY SIKETS ov Emmus WiLL CE GWANY00 UY TUE CITY COUNCIL Or EDVOUDV 17 7FEIR ETZ7 nEGULAZ MEE71WO 010 JUWE 5p 19Q SU2JECT TO NOXIN nVQUJREWEHrS OF PROPEZ AND ADECiATE NAFFIS COMTOOL, PROTECTInN Q._' PUDLIC AHO PRIVATE 950PERTYP ELUTE ExpEamous AccampupmENY or p2c... JCOT WOUK: ANO tUr5E0UEVT U1'ZPAT00 ANE MAINTENANCE OV TUE SnIV WE=A0E VAQQTQV, uPcm NEMT07 BV THE CITY Or EeNnurs, um,.. AFFORD SEOWNAGEAEPOICE f0 &IV tKAS nVIYO! =ArV nAPZN�S 01-SIP TMr rpZ-0EA07 ww To ov Enr�m,;,L� tiiicu oo it muy MAY 0: onpvnD r ; 0alonoD nmf A &I ApIwAr FAT! 1, it! rflv.. f""POlk'N"fl 7,,A'e NAl OYD OUTYl Ek U! 1 11 DA MT L Y', !M only! =!K SEWEnS 0I TOTO AVE W=0 20 P W: , ?!. tit; 1 -0 A010 Ann yry w1s7wwn7-;- Lymmou Purpma STATION Aw wbm KKIA "UNIT cou VVYIN ) wvanq nn tin umm I, w m 0�071nwv, "ELWORE 'YOE-` AnDAW OTUEP WTVITIE0 IXC19 rT!:yZK KANKAK, :WAqf '105 1= hAil QVW�,l QX %I I M10 TIM 1 V11WOOD SEYEA;UE SVC I n n 1: 1 Va PaCy 1 010 Dy ;1MOPoS 9 im 14rociswc.: ViFl ACC:,.. rEb 771NVi�s�j 117 Tl.: 906 1"01rill W11.4 W7 )Y..,,VD =, Nr,krmw s- ov t tw;mp '1 *01 kinuku 0:�EPTAK4Z QUAt KV ARW 2%1=07L] up lKs A=AVE onvivamp w, m Ly;��W� Ww�w n! %PUPAL lv�n 70 m onvaun sy Lwayum To Esnows ru" FAID 07=07 siNvIkc aw iE :sw: 14 r, i A7 A k:-�n PAf:, AVIEw Lmyouo kw TO Moir : JEANNY w7KIAbsE 170 ALTUAL AND CPLPKTIK. k '114:1ti:,A F. L:- :I I i:`s'P(:�r. __ l.! i'Y .,o(J; :1 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