AMENDMENT NO.2 TO 2006 AGREEMENT FOR SEWAGE DISPOSAL AND INTERIM WATER SUPPLY BETWEEN ALDERWOOD WATER & WASTEWATER DISTRICT AND SILVER LAKE WATER & SEWER DISTRICT AS AMENDED IN 2010 This AMENDMENT NO. 2 to the AGREEMENT ("Agreement") between the Parties dated July
21,2006 as amended by Amendment No.1 dated October 18,2010 is made and entered into this
lo~ day of MAY
20l3, between ALDERWOOD WATER & WASTEWATER DISTRICT
("Alderwood"), and SILVER LAKE WATER & SEWER DISTRICT ("Silver Lake"), each of
which is a municipal corporation of the State of Washington (individually a "Party" and
collectively the "Parties").
I.
RECITALS
l.1
Alderwood and Silver Lake separately own and operate water and sewer facilities
("Facilities") located in southwest Snohomish County.
l.2
The municipal territories of the respective Parties are adjacent to and touching one
another in the area of the city of Mill Creek.
1.3
Alderwood has a contract with King County which requires Alderwood to deliver
certain sewage to the County's treatment facilities in King County and south Snohomish County.
1.4
Alderwood has reconstructed a sewer lift station (Lift Station 11) in order to re­
route sewage from a certain portion of Alderwood's service area in the vicinity of 128 th Street
east of Interstate 5 (shown on Attachment 1 as Parcel I) to King County in compliance with its
contractual obligations, and expects to start such routing by 2016.
1.5
Due to geography the most cost-effective and environmentally-sound way to
deliver sewage from the reconstructed lift station to King County is by routing it through a
section of sewer lines owned and maintained by Silver Lake.
1.6
Alderwood and Silver Lake have signed several agreements and amendments
providing for cooperation and use of each other's facilities for providing water and sewer
services to their respective service areas, including on July 21, 2006 and October 18,2010.
l.7
Silver Lake is desirous of signing a Wholesale Water Supply Agreement with
Alderwood to supply water economically to the western portion of its service area.
Silver Lake Amendment No.2
page 1
April 22, 2013
1.8
The Parties wish to enter into this Amendment No. 2 to provide more detail
regarding provision of water and sewer service to each other, and to modify past agreements to
make such inter-District cooperation more economical for both Parties.
II. AMENDMENT NO.2 Now, therefore, and in consideration of the mutual benefits and covenants set forth
below, the Parties agree to amend the Agreement dated July 21, 2006 as amended by
Amendment No.1 dated October 18, 20 I 0 as follows:
Section 1. Water Supply Agreement.
Part V. INTERIM WATER SERVICE shall be replaced in its entirety with the following:
"WHOLESALE WATER SERVICE
SAl Wholesale Water Supply Agreement. Alderwood shall provide a
Wholesale Water Supply Agreement to Silver Lake for its signature. Said
Agreement shall be substantially the same as the Agreement signed in 2010
between Alderwood and the Mukilteo Water & Wastewater District, and shall be
available to Silver Lake for signature on or before May 1, 2013.
SA2 Wholesale Connection Points. Alderwood will provide Silver Lake with a
maximum of two connection points to furnish wholesale water to the Silver Lake
system. Silver Lake will pay for designing and installing the equipment to make
such connections, and will do so per specifications provided by Alderwood. These
connection points will be located as follows:
A State Route S27 and IS6th Street SE
B. Mill Creek Boulevard and Trillium Boulevard
INTERIM WATER SERVICE
SB.l Applicability. The prOViSlOns of Sections SB.2 - SB.S shall apply to
parcels B, E, F and K as identified on Attachment 1.
SB.2 Interim delivery of water. Alderwood agrees to deliver to Silver Lake and
Silver Lake agrees to pay Alderwood for delivery of potable water to be used by
Silver Lake to supply on an interim basis all or portions of parcels B, E, F and K
for customers seeking water service from Silver Lake.
Silver Lake Amendment No.2
page 2
April 22, 2013
5B.3 Interim Points of Delivery. Alderwood shall deliver water to Silver Lake
at agreed connection points along Alderwood's transmission water lines in or
adjacent to parcel B in Silver Lake. Silver Lake shall install and own a master
meter at each connection point at Silver Lake's expense. A master meter
installation shall include telemetry of flow data and any necessary control
functions and shall meet the specifications and approval of Alderwood. The actual
point of connection shall be the upstream flange of the valve downstream of each
master meter and check valve.
5B.4
Quantity of Interim Water.
i. Alderwood and Silver Lake acknowledge that each has made, and will
continue to make, significant capital investments in the Clearview
Group water facilities which are designed and constructed to transmit
water from Everett's Pipeline 5 to serve both Alderwood and Silver
Lake. Silver Lake has a 9 million gallon a day share in the current
Clearview Facility capacity. Such share may increase in the future to
12 million gallons a day.
11. All water obtained from Alderwood's transmission line shall be
charged against Silver Lake's share of Clearview Facility capacity.
Silver Lake shall not take more than 750,000 gallons a day from
connections to Alderwood's Clearview transmission line. Delivery of
water to Silver Lake from Alderwood's transmission line from the
Clearview Reservoir will be treated as though it was delivered directly
to Silver Lake from the Clearview pipeline. Silver Lake will ensure
any water taken in this manner will be included in Silver Lake's
monthly water amount for calculation of water consumption by the
Clearview Water Supply Agency.
111. Silver Lake's cost of water for parcels B, E and F will be the same as
its cost of water taken by Silver Lake directly from the Clearview
pipeline.
5B.5 Tambark Creek Park. Notwithstanding other provisions of this Agreement,
the Parties recognize that Snohomish County seeks to develop Tambark Creek
Park (Park) within parcel K in Silver Lake. The County Plan for the Park provides
for a passive park with one building for restroom facilities near to 35th Ave. SE
and west of Tambark Creek. Providing water service to this restroom facility from
Silver Lake's water system is cost-prohibitive. Alderwood presently has a water
line in 35 th Ave. SE adjacent to Tambark Creek Park property. Alderwood agrees
to provide two water service connections from its water line in 35 th Ave. SE to
Silver Lake to allow Snohomish County to obtain water service to its planned
restroom facility and adjacent landscaping for the Park by connections to
Silver Lake Amendment No.2
page 3 April 22, 2013
Alderwood's water line in 35 th Ave. SE. These connections will provide water to
the Park's restroom facility and adjacent landscaping only. The Park shall at all
times remain a customer of Silver Lake. Silver Lake shall require Snohomish
County to enter into a Developer Extension Agreement with Silver Lake to
provide for Snohomish County construction of required water line improvements
to serve the westside restroom facility and adjacent landscaping in the Park.
Snohomish County shall be required to pay Alderwood's water connection
charges to Alderwood as a condition of connection to the Alderwood system.
Silver Lake shall collect its water connection charges from Snohomish County.
Should either connection charge not be paid by Snohomish County for whatever
reason the Parties agree this section 5B.5 is void and unenforceable. Silver Lake
shall be responsible for meter maintenance and operation to serve these facilities.
Silver Lake shall reimburse Alderwood for water provided to this customer meter
the Alderwood commodity charge for its single family customer in place at the
time the meter is read by Silver Lake. Silver Lake shall read this meter
consumption at least every two months. Alderwood shall not charge any base
service rate for this connection. Silver Lake shall provide for sewer service to the
Park."
Section 2. Sewer Service.
Part 3.5 B. CONNECTION CHARGES - ALDERWOOD shall be replaced in its entirety with
the following:
1. "At such time as Alderwood connects parcel I to Silver Lake's system,
Alderwood shall pay to Silver Lake a sum equal to thirty-two percent (32%)
of Silver Lake's Sewer General Facility Charges for the number of Equivalent
Residential Units (ERUs) in parcel I at the time of the execution of this
Amendment.
11. For any property located in parcel I that connects to Silver Lake's system after
execution of this Amendment No.2, Alderwood shall pay to Silver Lake a
connection charge equal to Silver Lake's General Facility Charge now in
effect or as may hereafter be modified, applicable to the particular existing or
new Alderwood customer. Such connection charge shall be paid within thirty
(30) days following the date of connection of property to Silver Lake's
system."
Silver Lake Amendment No.2
page 4 April 22, 2013
All other tenns and conditions of the Agreement are to remain in full force and effect.
In witness whereof, the Parties hereto have accepted this Amendment No.2, which will become
effective upon its execution by both Districts.
SILVER LAKE WATER
& SEWER DISTRICT
BY:
ALDERWOOD WATER
& WASTEWATER DISTRICT
C @~~
BY:
DATE:
kf- 02S-- IJ
Silver Lake Amendment No.2
~ ~,
Commissioner/Pre ' .
OlllilllSSlO net! t'reSlClent
DATE:
page 5
MAY b , 2013
April 22, 2013
LEGEND
-SILVER LAKE WATER & SEWER DISTRICT BOUNDARY
lin" " 1ALDERWOOD WATER AND WASTEWATER DISTRICT
Ijt~ A- SLWSD GRAVITY FLOWS TO AWWD
~ B- SLWSD-1BOTH BASIN, FLOWS TO AWWD
~ C - AWWD GRAVITY FLOWS TO SLWSD
t:2I
D - AWWD FLOWS TO SLWSD 1BOTH ST LS
ES::9 E - POTENTIAL 1BOTH BASIN (SOUTH OF 1BOTH ST BASIN)
~ F - POTENTIAL 1BOTH BASIN (EAST OF 1BOTH ST BASIN)
_
G - AWWD FLOWS TO SLWSD 164TH ST LS
G-,;£I
H - AWWD WATER SERVED BY SLWSD
_
\- AWWD (LS II) THROUGH SLWSD
~ J - SERVED BY GRAVITY TO AWWD
OR THROUGH AWWD LS 11
E.:--2 K - AWWD WATER, SLWSD SEWER TO 1BOTH STREET LS
AWWD / SLWSD AGREEMENT AREAS MAY 2013 ATIACHMENT 1