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Home My WebLink AboutILA - Franklin County Public Utility District (PUD) - Burden Blvd btw Rd 60 and Rd 44K t_ev,( co 115CO CITY OF AGREE 111111111111#11111111111111f jjjjjjjjjjjjjjjP1!4�!�8 06/15/2 015511 23 00 anklin co, N1 WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT Between CITY OF PASCO and FRANKLIN COUNTY PUBLIC UTILITY DISTRICT THIS AGREEMENT is made and entered into this pr day of 2004, by and between the City of Pasco, Washington, a Municipal rporation, hereinafter referred to as "City" and the Franklin County Public Utility District, hereinafter referred to as 'PUD. " RECITALS WHEREAS, RCW 39.34 et seq. authorizes the City and PUD to enter into Interlocal Agreements for the purpose of providing municipal services; and WHEREAS, RCW 35.96.040 authorizes the City to contract with the PUD for the work necessary to convert overhead electrical facilities to underground electrical facilities; and WHEREAS, City development standards for new development require that all electrical facilities be placed underground; and WHEREAS, it is in the public interest that the City and PUDs cooperate to provide for the installation of undergrounding electrical utilities in the area of Burden Blvd. between Road 60 and Road 44. NOW, THEREFORE, the Parties agree as follows: 1. Responsibilities of PUD 1.1 The PUD will relocate the existing overhead electrical facilities and will install underground electrical facilities along Burden Blvd. between approximately Road 60 and Road 44. Interlocal Agreement Between City and PUD - I IIIIIIIIIIIIIIIIIINAIIIIIII1111NN1111 II 111111 23.00 86/15/28 o 0� 51P PASCO CITY OF 1.2 Where the City or the PUD has an existing right-of-way in which to relocate the existing overhead facilities into underground facilities, the PUD will locate said underground facilities in the existing right-of-way. 1.3 PUD will grant to the City the right to relocate Burden Blvd. over the top of the PUD's existing right-of-way or easement for the purpose of realigning Burden Blvd. 1.4 PUD shall be responsible for that portion of the undergmunding cost in an amount equal to the cost of reconductoring the existing overhead line; said cost is estimated at Ninety One Thousand Eight Hundred Seventy - Seven Dollars and 83/100 ($91,877.83). 2. City's Responsibilities 2.1 City will pay to PUD the cost of undergrounding the existing electrical facilities in the area along Burden Blvd. between approximately Road 60 and Road 44, within the city limits of the City, less the cost of rebuilding the existing overhead electrical facilities; such rebuilding costs to be absorbed by the PUD. The City's costs are estimated at Two Hundred Thirty -Six Thousand One Hundred Nine Dollars and 31/100 ($236,109.31). 2.2 The City will pay its share of costs within 60 days after receiving an invoice for work completed by the PUD. 2.3 In the event that electrical facilities along Burden Blvd. between approximately Road 60 and Road 44 are subject to future relocation due to the realignment of the roadway by the City, the City will pay the costs of any future relocation of said underground utilities. 3. Indemnification Washington State law shall govern the respective liability between the Parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Contract. 4. Amendment This Agreement may only be amended by mutual, written agreement of the signatories to this Agreement. Interlocal Agreement Between City and PUD - 2 IIIIIIIII�III�IIBIIIIIII�INIIIIINIIIINlllllPage;®®giP PRSCO CITY OF AGREE 23ao fronktm Ca, kSR S• Interlocal Cooperative Act Provision Each party shall be solely responsible for all costs, materials, supplies and services necessary for their performance under the terms of this Agreement. All Property and materials secured by each party in the performance of this Agreement shall remain the sole property of that party. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by each party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposing of any real or personal property anticipated under the terms of this Agreement. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. 6• Entire Agreement The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are hereby expressly excluded. 7. Nonwaiver • Waiver of any default or breach under this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of the Parties hereto. 8• Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the Parties. 9• Applicable Law This Agreement is governed, construed and enforced in accordance with the laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, the venue shall be Placed in Franklin County, Washington. The prevailing party shall be entitled to recover reasonable attorney fees in such proceedings, or any appeal thereof, to be set by the Court, in addition to costs and disbursements allowed by law. Interlocal Agreement Between City and PUD - 3 0 IIIIIII IIIhINIIINIigIIIIIIIIIBIlINllllll 06�;4 of PASCO CITY OF AGREE 23.00 F,.nkl,n Co. WA IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized officers and/or agents on the day and year first written above. CITY OF PASCO, WASHINGTON Michael L. CiaAison Mayor STATE OF WASHINGTON ) SS. County of Franklin FRANKLIN COUNTY PUBLIC UTILITY DISTRICT {/ Je Ryckman Manager On this day personally appeared before me MICHAEL L. GARRISON, Mayor of the City of Pasco, Washington, to be (mown 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 volunta d deed for the uses and purposes therein mentioned. _.t L. KE /P? 9R9?ny hand and official seal this 7 day of �Yt 'e 2004 /y uo p, NOTggy � s � j NOTARY P in and for the State of Washington pt/8 i t" Residing at: Q My Commission Expires: STATE OF WASHINGTON ss. County of Franklin On this day personally appeared before me JEAN RYCKMAN, Manager of the Franklin County Public Utility District, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this I day of U06� 2004. \P N fie® '5 NOTARJ, 9N0 NOTARY PUBLIC in and for the State of Washington Residing at: poetic My Commission Expires: !O) —IF0 Interlocal Agreement Between City and PUD - 4 PRSCO M OF •�••� un oo unoi ni .2061 2011 1..1 MI mi Z"4 01 :91P AGREE 23.00 Franklin 60, WR VICINTw IAP BURY OVERHEAD W16EL1 t ' hu� UTILITIES I RWIT. i Tr Tr ..- .--- -- III ■1 so .1 no ■/ ■ A A X11►�� ,� An � X111 :�♦� ; � � / � %�■■� ' �■ soon■■ ■ ■ i■ ■ tl ■mmoul AHO DEVELOPMENT grommingloneffs- a" I u �I �F I L oN