Item No.: 6c_attach_4 
Exhibit D: Example Connection Agreement      Date of Meeting: September 27, 2016 

Port of Seattle Stormwater Utility 
Connection Agreement 

This Connection Agreement is between the Port of Seattle (the "Port") and
__________________________________________________ (the "Applicant") (jointly "the Parties"). 

The Port owns and operates Port Stormwater Facilities that are managed by the Port of Seattle
Stormwater Utility, as administered by the Utility Director. The Service Area of the Stormwater Utility
consists of all Port-owned land within King County. The Port may allow property owners and drainage
system operators who are located outside of the Service Area to connect to and use Port Stormwater
Facilities under specified terms and conditions. This Agreement establishes the terms and conditions
upon which such access is granted to the Applicant, and specifies the location and nature of the access
granted by the Port to the Applicant. 

TERMS AND CONDITIONS 
The Port hereby agrees to provide Applicant with connection or access to the Port Stormwater Facilities 
subject to the following terms and conditions: 

1.  Authorized access. Access to the Port Stormwater Facilities is authorized only for the drainage
facilities identified in the Connection Agreement Application. These facilities shall be referred to as
the "Authorized Drainage Facilities" (ADFs). 
2.  Changes or abandonment. Any material change to or abandonment of the ADFs, change in the
quality or quantity of stormwater discharged by the ADFs, or change in ownership of the ADFs will
require submission of a new Application, and entering into a new Agreement. The Port reserves the
right to refuse to enter into a new Agreement if the Applicant's proposed changes would have a
material adverse impact on the Port's Stormwater System or the Port's ability to comply with
regulatory requirements. 
3.  Construction, repair and maintenance. No construction, repair or maintenance can occur without a
signed Connection Agreement in place.
a.  Applicant agrees to construct, repair and maintain the ADFs in compliance with all
applicable regulatory requirements, including requirements of the City of Seattle, King
County, the Washington Department of Ecology and the U.S. Environmental Protection
Agency. Applicant is responsible for securing any easements and permits necessary to
construct, repair and maintain the ADFs. 
b.  Materials and workmanship in connection with the installation and repair of the ADFs shall
be as required by the Standard Plans and Specifications contained in the City of Seattle
Stormwater Code, or as designated by the Port. If any requirements or standards conflict,
or if special circumstances exist, the Utility Director will determine which requirements or
standards apply. 
c.  All work must be performed by a registered side sewer contractor.
d.  At the completion of the construction, Applicant shall provide a copy of as-built drawings to
the Port. As-builts shall also be required for major repair and maintenance projects. As-
1

built drawings shall be prepared using the standards and requirements established by the
Utility Director. Drawings that do not meet these requirements shall be returned to the
Applicant for revision and resubmittal. 
4.  Entry on to Port property: Permission to enter on to Port property in order to construct, repair and
maintain ADFs in hereby granted, subject to the express condition that as much notice as practical
must be provided to the Port prior to such entry. The Port reserves the right to impose additional
requirements on construction access, including refusing to authorize access, as appropriate given the
location and condition of the property to be accessed. 
5.  Stormwater only. All ADFs, and the discharges from them, must adhere to Port Resolution No. 3596, 
comply with the Port's Illicit Discharge Detection and Elimination (IDDE) Manual, and comply with all
other Port policies and requirements. These documents can be found here: [LINK] 
6.  Port access. Applicant agrees to grant the Port such access rights as are reasonably necessary to
investigate and verify, both initially and on an ongoing basis, that the information provided by
Applicant in connection with this Agreement is correct, and that the Applicant is complying with this
Agreement. This grant , however, shall not be construed as imposing any obligation or duty upon the
Port to inspect the Applicant's facilities or discharges, or imposing any liability on the Port based on
the condition of the Applicant's drainage facilities or the nature of Applicant's drainage.
7.  Regulatory standards. If Applicant becomes aware that discharges from the ADFs violate regulatory
or benchmark standards, it will immediately notify the Port of the violation and the Applicant's plans
for corrective action. If the Port becomes aware that discharges from the ADFs violate regulatory or
benchmark standards, it will immediately notify the Applicant and request the Applicant to promptly
correct the violation. The Applicant's failure or refusal to do so shall constitute a breach of this
Agreement. In addition to any other remedies, the Port reserves th e right to terminate this Agreement
and the Applicant's rights to access if a violation is not promptly corrected to the satisfaction of the
Port. The Applicant shall be responsible for all costs incurred by the Port to remediate the offending
discharge and correct the violation. 
8.  Stormwater Pollution Prevention Plan. Applicant shall prepare and maintain a Stormwater Pollution
Prevention Plan for the ADFs. Applicant shall promptly provide the Port with any modifications made
to its SWPPP. 
9.  Payment. At the time of application, Applicant shall pay to the Port a non-refundable processing fee
of $200.00 to offset the Port's costs associated with processing its Application and administering this
Agreement. 
10. Notices. Unless otherwise agreed, all notices to the P ort that are called for by this Agreement shall
be directed to ___(Port staff identified, email and phone)__. Notices to the Applicant shall be
directed to __(Applicant staff identified, email and phone)__. 
11. Severability. The invalidity of any section or provision of this Agreement shall not invalidate any other
section or portion thereof, nor shall it invalidate any other Access and Compliance Agreement. 
12. Liability. This Agreement shall not be construed to create any liability on the part of the Port, or its' 
officers, employees or agents for any injury or damage caused by or resulting from the Applicant's
facilities, actions or inactions. Applicant agrees to indemnify, hold harmless and defend the Port and
all officers and officials from all claims, losses, damages penalties or expenses, including third party
claims, arising from the installation, operation or maintenance of the ADFs; and/or Applicant's failure
to comply with local, state or federal law, or this Agreement. 
13. Amendment. Any amendment to th is Agreement must be in writing and signed by the parties.
14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument. 
15. Governing Law. T his Agreement shall be construed under and in accordance with laws of the state of
Washington and venue shall lie in King County Superior Court. 
16. Entire Agreement. This Agreement, including documents incorporated by reference, constitutes the
entire understanding of the Parties with respect to its subject matter. 

2

IN WITNESS WHEREOF, the Parties hereto enter into this Agreement.  Each person signing this
Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement, 
and by signing below agrees to be bound by its terms. 

For the Port of Seattle: 

_____________________________ ______________________ 
Utility Director                       Date 

For the Applicant: 

________________________________ _______________________ 
Name of authorized representative        Date 



Appendix A: Application Form 
Appendix B: Checklist 
NOTE: THE APPLICANT'S CONNECTION AGREEMENT APPLICATION FORM MUST BE
ATTACHED TO THIS AGREEMENT.







3

Port of Seattle Stormwater Utility         Submittal Date: 
Connection Agreement               Received By: 
Reviewed by: 
APPENDIX A: Application Form and
Checklist 
Applicant                                      Parcel Owner (if different from applicant) 
Name:                                           Name: 

Address                                               Address 

City/Zip                                                       City/Zip 

Phone/Email                                           Phone/Email 

Project Location                                       Contractor  must have current City of Seattle Side Sewer
License 
Address of proposed drainage facility: 
Name: 
Business/Residence/Project Name 
Address 
Is the property permitted under any NDPES permit; if so provide name and
number:                                            City/Zip 

Scope of Work (e.g. specify if new, repair, abandonment, other)             Phone/Email 

COS Business License # 

State Business License # 
Proposed Start Date / Proposed Working Days 





I certify that I have read this application and declare under penalty of perjury that the information contained herein is correct and complete. I am
either the owner of the property described or I represent the owner or contractor as signified above and am acting with the owner/contractor's full
knowledge and consent. 
Name (Print): ______________________________ Signature: ______________________________ Date: _________________________________

APPENDIX B: Checklist 

Please submit the materials required in the following checklist. 
Technical Requirements: 
o  Submit a scale drawing of the site of the proposed Authorized Drainage Facility, showing the following: 
Lot boundaries drawn to scale and labeled with lot dimensions 
Location of all streets or alleys abutting the parcel 
Location of all structures on the property, and dimensions of the structures 
Location and dimensions of stormwater system, marking the connection to Port Stormwater Facilities 
Length, size, slope, and pipe material 
Easement locations 
All surface features including trees, landscaping, mailboxes, sidewalks, driveways, light poles, curb 
and gutter, ditches, structures, and any other surface features located within 10 feet each side of
the  stormwater system 
All underground utilities including sewers, power, cable, phone, water, and any other 
underground  utilities located within 10 feet each side of the stormwater system 

o  Provide engineer's calculations showing that the flow volume will not exceed capacity of Port Stormwater Facilities
downstream to outfall. 

Other Requirements: 
o  Provide proof that all necessary permits, easements and permissions have been obtained in conjunction with or prior to
submittal of this Application. 
o  Payment of fees. 
o Provide Stormwater Pollution Prevention Plan (SWPPP), which must include the following. Applicant may use the Port's SWPPP
template, which may be requested from the Utility Director: 
The name and contact information of the Applicant 
The name(s) and contact information of the owner(s) of the property and responsible party(ies) from which the
stormwater discharge is existing or proposed, if different than the Applicant 
A map showing the location of the existing or proposed Authorized Drainage Facility, as well as storage locations and
mechanisms for ensuring that pollutants will not enter the Port Stormwater Facilities 
A narrative description of pollution prevention and good housekeeping measures on the discharging property to
prevent the contribution of pollutants to the Port Stormwater Facilities