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HomeMy WebLinkAbout3782 Contract Number: 3782 Vendor: SUNNYSLOPE WATER DISTRICT Subject: Water Service Area Department: Water Resources File Class: LEG 12-1 Beqin Date: 09/18/1996 End Date: Review Date: 06/15/2011 Vault Date: Comments: Review date for tracking only SERVICE AREA AGREEMENT CITY OF BREMERTON AND SUNNYSLOPE WATER DISTRICT THIS AGREEMENT is hereby made and entered into by and between the CITY OF BREMERTON, a municipal corporation of the State of Washington established under Title 35 of the Revised Code of Washington, hereinafter referred to as "BREMERTON", and the SUNNYSLOPE WATER DISTRICT, a municipal corporation of the State of Washington, established under Title 57 of the Revised Code of Washington, hereinafter referred to as "SUNNYSLOPE". W I TNE S SETH: WHEREAS, BREMERTON and SUNNYSLOPE are desirous of entering into an agreement for the purpose of establishing their respective areas of customer service; and WHEREAS, BREMERTON and SUNNYSLOPE acknowledge that they are now, or expect in the future, to serve the area of Kitsap County, Washington, lying generally in the southerly portion of said County and around the southern portion of Sinclair Inlet; and WHEREAS, in order to plan for expected growth and proper utilization of the resources and facilities of BREMERTON and SUNNYSLOPE, each party is desirous of establishing a service area boundary between the two parties, which will delineate the area beyond which future service will not extend; and WHEREAS, in defining the boundary between the respective service areas of BREMERTON and SUNNYSLOPE, the parties have given proper consideration to expected growth and population and service demands, ground surface elevations and contours, water service pressure zones and compatibility to the extent possible in the respective pressure zones utilized by the parties hereto; and WHEREAS, BREMERTON and SUNNYSLOPE haye also given consideration to what is considered to be orderly development of water service and population growth and the maintenance of sufficient service, both present and perspective. NOW, THEREFORE, for and in consideration of the mutual promises and benefits to be derived herefrom, the parties hereto hereby agree as follows: 1. Establishment of Boundary: BREMERTON and SUNNYSLOPE hereby agree that the boundary between their respective water service areas shall be the line shown in brown on the attached Figure "1" which by this reference is incorporated herein as though fully set forth. Said line is legally described as set forth on 20754-6,cmz SERVICE ~EA AGREEME~ PAGE 1 AGREE.SVC CI~ OF BREMERTON ~D REV. 9-18-96 SU~YSLOPE WATER DISTRICT Exhibit "A" attached hereto, which by this refer incorporated herein as though fully set forth. It is agreed that BREMERTON shall service the area outside of the area delineated by the brown line described on Figure "1" and Exhibit "A", and that SUNNYSLOPE will serve the area inside of the brown line described on Figure "1" and Exhibit "A". 2. Service Outside of Delineated Area: BREMERTON and SUNNYSLOPE each agree that in consideration of the need for orderly development, neither will serve the area herein delineated for service by the other without the express prior written consent of the other. 3. Chanqes in Service Area: In the event there is any change in the service area boundary set between BREMERTON and SUNNYSLOPE in the future, such changes shall be by mutual agreement and in writing. 4. No Abroqation: Nothing in this Agreement shall abrogate the rights and powers of BREMERTON under RCW 35.13A.030 - .050 upon annexation of any territory included in the Sunnyslope service area into BREMERTON. 5. Authorization: BREMERTON and SUNNYSLOPE have each authorized the execution of this Agreement by appropriate resolution. 6. Notices: All written notices required to be given pursuant to this Agreement shall be sent by certified mail, return receipt requested, to the parties at the following address: BREMERTON: Bremerton Public Works and Utilities 3027 Olympus Drive Bremerton, WA 98310-4799 SUNNYSLOPE: Sunnyslope Water District 5693 SW Rhododendron Drive Port Orchard, WA 98367 Provided, however, that either party may change the address to which notices are to be sent by providing notice in accordance with this section. 7. Governinq Law: This Agreement shall be governed by the laws of the State of Washington. 8. Jurisdiction and Venue: In the event that any suit or action shall be brought in connection with this Agreement, jurisdiction and venue shall be proper in the Kitsap County Superior Court, Kitsap County, Washington. 9. Severability: In the event that any section, or any part of any section, of this Agreement shall be declared invalid by a court of a competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 10. Entirety: This Agreement constitutes the entire Agreement and understanding between BREMERTON and SUNNYSLOPE. There are no other agreements or representations, either written or oral, which modify or have any effect upon this Agreement. CITY OF BREMERTON Authorized Signatory Party SUNNYSLOPE WATER DISTRICT Comm-issione'~- -~ By: C~mmissioner-- ~/~ By: Commissioner 20754-6,cmz SERVICE ~REA AGREEMENT PAGE 3 AGREE.SVC CITY OF BREMERTON ;~ND REV. 9-18-96 SUNNYSLOPE WATER DISTRICT CURRENT SERVICE AREA [ I AREA SERVEDBYTHECITYOF 'O / CURRENT DISTRICT BOUNDARY PROPOSED FUTURE DISTRICT BOUNDARY WOODS PHASE I O Figure 1 8unnyelope Water District Exletlng and Future I I I I Service Aree8 0 1000 2000 SCALE IN FEET Exhibit "A" Beginning at the NW corner of Section 6, T23N, R1E, WM; thence east to the Northerly margin of State Highway SR3 and the True Point of Beginning; Thence continuing east to the NE corner of the NW ]./4 of the NE 1/4 of said Section 6; thence south to the SE corner of the SW 1/4 of the SE 1/4 of said Section 6; thence continuing south into Section 7 of said Township along the east line of the W 1/2 of the NE 1/4 of said Section 7 to the north margin of Old Clifton Road; thence easterly along said north margin to the east line of said Section 7; thence south along said east line and continuing south along the east line of Section 18 of said Township to the SE corner of said Section 18; thence west along said south line and continuing west along the south line of Section 13, T23N, R1W, WM, to the west line of the E 1/2 of the SE 1/4 of said Section 13; thence north along said west line to the SW corner of the SE 1/4 of the SE 1/4 of Section 12 of said Township; thence horth to the SW corner of the NE 1/4 of the NE 1/4 of said Section 12; thence west to the SW corner of the NW 1/4 of the NE 1/4 of said Section 12; thence north to the NW corner of the NW 1/4 of the NE 1/4 of said Section 12; thence east to the SW corner of the SE 1/4 of the SE 1/4 of Section 1 of said Township 23; thence north along the west llne of the E 1/2 of the SE 1/4 of said Section i to the north margin of State Hwy SR3; thence northeasterly along said north margin to the True Point of Beginning. Kitsap County, Washington.