HomeMy WebLinkAboutPort of Walla Walla When recorded,please return to:
City of Pasco 06/04/2013 1801169 02 39 PMEF
Attn: Gary Crutchfield, City Manager 3 Page(s)$34.00
P. O.Box 293 Matt Beaton,Auditor
Franklin Co.,WA
Pasco,WA 99301
Amendment No. 1 to
City of Pasco
and
Port of Walla Walla
Interlocal Agreement for Waste Water Treatment and Disposal Services
THIS AMENDMENT TO THE INTERLOCAL AGREEMENT (the "Amendment") is
entered into by and between the City of Pasco, Washington a municipal corporation, herein
called the "City," and the Port of Walla Walla, Washington, a municipal corporation, herein
called the "Port," for the purpose of amending that certain Interlocal Agreement (the
"Agreement"), dated May 7, 2012 regarding wastewater treatment and disposal services in the
unincorporated Burbank area of Walla Walla County, Washington. The City and the Port are
each a"Party" and are collectively the "Parties"to this Amendment.
WHEREAS, the Parties entered into an Interlocal Agreement for wastewater and disposal
services on May 7, 2013; and
WHEREAS, the Parties desire to amend a section of the Agreement, extending the deadline
for the Port to make payment for the first block of wastewater treatment and disposal capacity;
and
NOW THEREFORE, in consideration of the foregoing recitals which are incorporated
herein,the City and the Port do hereby mutually consent and agree as follows:
SECTION 1. That Section 2 "Capacity Purchase Timing," of the Agreement shall be
amended to read as follows:
Section 2: Capacity Purchase Timing
A. The Port agrees to purchase the first block of treatment capacity .,.tiro one . ° r of the
effective date of this Agreement, but by not later than Rine 30 September 1, 2013.
Failure by the Port to make the initial purchase as specified shall act to terminate this
Agreement.
Waste Water Treatment and Disposal Services Agreement—Amendment No. 1
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B. The Port agrees to purchase the second block of treatment capacity within 15 years of the
first payment for the first block of treatment capacity. The City may, in its sole
discretion, elect to terminate this Agreement if the Port does not initiate purchase of the
second block within the 15-year period. The City must exercise such termination right
within six months of the end of said 15-year period.
C. The Port may purchase a third block of treatment capacity at any time after the purchase
of the second block of capacity. If the Port fails to purchase the third block of capacity
within 50 years of the effective date of this Agreement, then the Port's option to purchase
same shall expire. The Parties may extend the option through mutual written agreement.
D. As of the effective date of this Agreement, the City shall allocate and reserve for the Port
three (3) blocks of waste water treatment capacity (100,000 gpd annual average flow).
Until such time as the Port's right to purchase a capacity block expires, the City shall
maintain said reservation of capacity for the Port and shall not otherwise use or allocate
said reserved capacity. The City shall keep records and accounts of the waste water
treatment system capacity that include and reflect the Port's reserved capacity.
SECTION 2. That all other terms and provisions of the Agreement shall remain as
currently written.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and
year stated below.
CITY OF PASCO Pt T OF WALLA WALLA
Matt Watkins, Mayor Paul Schneidmiller,
., ,\ Port Commission President
Dated: S12-61 I Dated: 5`2--a/ 3
Waste Water Treatment and Disposal Services Agreement—Amendment No. 1
Page 2
STATE OF WASHINGTON )
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County of Franklin ) ,G�h
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On This day personally appeared before me , Mayor bf the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
G503Itlititf4149my hand and official seal this 2-0 da of , 2013.
. : N pT p 9: NOTARY PUBLI p and for the Stat- of Washington•
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STATE OF WASHINGTON)
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County of Wa/a Q0/(1 )
On This day personally appeared before me PAUL SCHNEIDMILLER, Port
Commission President of the Port of Walla Walla, Washington, to be known to be the individual
described in and who executed the within and foregoing instrument, and acknowledged that he
signed the same as his free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this a }(day of , 2013.
BEc // NOTA� Y 1 LIC in.and or, he State of Washington
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Waste Water Treatment and Disposal Services Agreement—Amendment No. 1
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