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AG 11-067xETUxrr To: ��y���,Lk1�.i� � ��:�'1 ExT: % 1 C"3 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JEFF HUYNH EXT: 2721 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION `❑/ CONTRACT AMEND� NT (AG#�: �� ❑/ INTER L � ,�7, OTHER��Il I� I���_� Q� Fv' J���„��� I� I lt' 1 LT � � /�� \ 5. PROJECT NAME: HYLEBOS WATER SERVICE CONNECTION ,' ����vr� 1 6. NAME OF CONTRACTOR: LAKEHAVEN UTILITY DISTRICT ADD�ss: 31627 1 ST AVE S FEDERAL WAY. WA 98003-5201 TELEPHONE: (253) 941-1516 E-M.a1L: Fax: SIGNATURE NAME: TITLE: EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. ��� `� 8. TERM: COMMENCEMENT DATE: COMPLETION DATE:_ � a � 9. TOTAL COMPENSATION: $ ��� �C � (INCLUDE EXPENSES AY�ID SALES TAX, IF A�NY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY �URCHASING: PLEASE CHARGE TO: �C � � 71 ��' 1 Zl�� .� �� `'i •�(.� � �f�T � l • 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER �I'� 'I DEPUTY DIRECTOR � � Di�cTOx ;�/� s / �1 LAW DEPT ���I� 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING � ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ��� -�°�� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS l� � ��� LAW DEPT SIGNATORY (� DIl CITY CLERK ASSIGNED AG # SIGNED COPY RETiJRNED ❑ RETURN ONE ORIGINAL COMMENTS: " ��A « INIT L / DATE SIGNED �<' - �. ? � AG# - DATE SENT: ' � INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 11/9 AGREEMENT FOR INSTALLATION AND USE OF UNDERSIZED WATER METERS THIS AGREEMENT, by and between the LAKEHAVEN UTILITY DISTRICT, a municipal corporation of the State of Washington (hereinafter "the District"), and THE CITY OF FEDERAL WAY (hereinafter "Owner"), WHEREAS, the District is a special purpose water/sewer district which operates a domestic water supply system within its service area, and WHEREAS, Owner desires to connect two (2) existing residences, located at 34915A & 34915B — 4TH AVENUE SOUTH FEDERAL WAY, WASHINGTON 98003, described on Exhibit "A" and generally depicted on Exhibit "B", attached hereto and by this reference incorporated herein, to the District's public water supply system, and WHEREAS, due to circumstances relating to water pressure, avallable flow rate(s) and/or the distance between the residences and the location point for the meters, meters larger than typically necessary to serve the residences is required, and WHEREAS, in order that Owner might avoid the costs associated with larger meters, the District will allow the installation and use of smaller meters under certain conditions addressed in this Agreement, and WHEREAS, for the benefit of the reduced cost of smaller meters, Owner desiring to install smaller meters under the terms herein, NOW THEREFORE, be it agreed as foflows: 1. The parties hereby acknowledge that Owner has requested that the District install, at the residential addresses described above, a 5/8"x3J4" meter (Address #1: 34915A) and a 1" meter (Address #2: 34915B) ("smaller meters"), rather than i�/2" meters ("full-sized meters") as may be required under the applicable plumbing code and/or the District's standards. The District agrees to allow the smaller meters to be installed in a configuration to be determined by the District, with the corresponding lower monthly rates than would be applicable with full-sized meters, and with the Owner's express assumption of risk and agreement to indemnify and hold the District harmless, as herein made, from any liability for problems or damage to persons or property that may resuit from, or be attributable to, the use of the smailer meters. 2. Based on the available water pressure and/or anticipated flow losses due to the longer-than-typical distances between the residences and the meters, the Owner agrees to install and maintain minimum 1-'/a" diameter private building supply lines from each meter to the appiicable residences. 3. Owner agrees that the District shall be entitled to replace the smaller meters with fuil-sized meters should it determine that the capacity of the smaller meters is, or becomes, insufficient to accommodate the water demands at the property. In addition, the District agrees to replace the smaller meters with full-sized meters upan Owner's request for such replacement. In either case, should the District replace either smaller meter, Owner shail be responsible for the associated installation costs, and the monthly rate for the full-sized Page 1 of 3 meter. The installation costs to be paid shall be the rate established by the District resolution for the specified meter size at the time such installation occurs. Any unpaid charges shall become a lien on the property subject to foreclosure under RCW Chapter 57. Should both full-sized meters be installed pursuant to this paragraph, the District agrees to execute and record a release of the Agreement herein, with Owner responsibie for the associated costs. 4. This Agreement shall constitute an easement and servitude upon the property described herein and shall be binding upon the heirs, assigns and successors in interest to the Owner. This Agreement shail constitute an equitable lien against property described herein and in the event of nonperformance by Owner, as stated herein, the District may foreclose said lien in the manner autharized by law. 5. This writing constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. Page 2 of 3 WITNESS our hands and seals. CITY OF FEDERAL WAY 6y ! " I ��� Cary M. Roe Its Director of Parks, Public Works and Emergency Management Date 3 Z.l \` Approved a� t'� �,:.� , .� u Patricis A..t � ' -.�.��'� t T��'.: . . �< -��° Title: City Attorney � STATE OF �v'�i(����� I r��Cl��`1� Y� ) ) � ) ss: County of ��I�C1 ) LAKEHAVEN I,�TILITY DISTRICT Engineeri g Manager �ated: 3 3f �� � .,. � �. �-, , • . a��. � �r . j * nera�i°G�iunsel I certify that I know or have satisfactory evidence that �r'L1 �� (�(`,�' signed this instrument, on oath stated that ``l� was authorized t execute the instrument and acknowledged it as the �Dit ��= (�M1L.� , pLt��I�C �C'r C�.t1c� �f1lFrtt F►�C'C� �'l'��1�--. of THE CI�TY OF FEDERAL WAY, to be the free and voluntary act of such party for the' ses d� purposes mentioned in the instrument. DATED : �� �'� 2�I � 2C'" � � L [ � r L L [ � cAR� a�N Mcn��uY NOTARY PUBLiC sTaT� oF w�s�+��TON COMI�NSSI(kl EXP�2ES For recording in the State of Washington, the Notarial Seal must be fully legible and cannot Intrude into document margins. Please affix seal in the space provided. J ] � � ] ] � � . ;� � q _ _� , Notar Public �� �0 Title -1 7 My appointment expires �2 ?_- °� 2- � Page 3 af 3 EXHIBIT `�A" LEGAL PROPERTY DESCRIPTION THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, AND THE NOR7H 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, OF SECTION 20, TOWNSHIP 21 NORTN, RANGE 04 EAST, W.M., RECORDS OF KING COUNTY WASHINGTON; LESS A PORTION DEFINED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 5UBDIVISION; THENCE WEST 12 FEET; THENCE SOUTHEASTERLY TO THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH ALONG THE EAST LINE OF SAID SUBDIVISION, TO THE POINT OF BEGINNING. TAX PARCEL 202I04-9015 EXHIBIT"8" GRAPHIC PROPERTY DEPICTION m _ �° ° � � . �,� b , .`948TH ., '':