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HomeMy WebLinkAboutCAG1986-001 - Original - King County Water District No. 111 - Sale of Water by the District - 06/01/1986 AGREEMENT FOR THE SALE OF WATER BY KING COUNTY WATER DISTRICT NO. 111 TO THE CITY OF KENT This Agreement made and entered into this 1t day of June 1986, by the CITY OF KENT, a municipal corporation of the State of Washington, hereinafter called "THE CITY," and KING COUNTY WATER DISTRICT NO. 111 , a municipal corporation of the State of Washington, hereinafter called "THE DISTRICT." (, WITNESSETH: WHEREAS, the parties desire to enter into a contract providing for the sale of water by THE DISTRICT to THE CITY, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: (1 ) Term of Contract. The effective date of this AGREEMENT shall be June 1 , 1986. The contract shall be for a three (3) month period. (2) Rates. THE CITY shall pay to THE DISTRICT for all water delivered at a rate of $1 .59 cents per 100 cubic feet. The maximum water available to THE CITY shall be 700 gallons per minute (1 million gallons per day). (3) Metering Equipment. THE CITY shall own and maintain the appropriate metering device to measure the water flowing from THE DISTRICT's system to THE CITY's system at the service connection point. (4) Meter Charge. A monthly demand charge of twenty-one dollars and five cents ($21 .05) for the 6-inch meter shall be paid by THE CITY. (5) Point of Delivery. The water to be supplied by THE DISTRICT under the provisions hereof shall be delivered to THE CITY at the following location at whatever pressure may be available. x Meter Size Location 611 256th Street S.E. and approximately 470 feet east of 124th Avenue S.E. (6) Priority and Continuity of Service. Continuity of service to THE CITY shall be maintained by THE DISTRICT to the extent feasible in the same manner as service to THE DISTRICT's own residences and other consumers served directly by it. THE DISTRICT is not obligated, however, to maintain any designated water surface level in THE CITY's reservoirs. Maintenance of said level shall be THE CITY's sole responsibility. In the event of a general emergency or water shortage requiring restrictions on the delivery of water, THE DISTRICT shall have the right to restrict service to THE CITY. No greater restrictions, however, shall be placed upon deliveries to THE CITY than are placed upon deliveries to similar classes of consumers served directly by THE DISTRICT. THE DISTRICT may temporarily interrupt or reduce deliveries of water to THE CITY if THE DISTRICT determines that such interruption or reduction is necessary or reasonable in case of system breakdowns or in order to install equipment and make repairs, replacements, investigations and inspection of, or perform other maintenance work on THE DISTRICT's water system or those parts thereof supplying THE CITY. Except in cases of emergency and in order that THE CITY's operations will not be unreasonably interfered with, THE DISTRICT shall give THE CITY reasonable notice of any such interruption or reduction, the reason therefore, and the probable duration thereof. (7) Patents. THE DISTRICT shall read the meter once each month at approximately thirty (30) day intervals. It is recognized the THE CITY only approves payment of bills twice monthly and payment shall be made by THE CITY as soon as possible after receipt of statement from THE DISTRICT, and in any event, not later than the tenth (loth) of the first month following the presentation of the bill . In the event the meter shall fail to register, or obviously register incorrectly, the amount of water delivered through said meter shall be estimated by the best means or practice available. - 2 - (8) Penalties for Late Payment. THE DISTRICT may assess a late charge on THE CITY for failure to comply with the provisions in Section (7). This charge shall be twelve percent (12%) per year or the maximum amount permissible by law. In the event that THE CITY should fail to make any payment to THE DISTRICT for a period of thirty (30) days after the same becomes due, THE DISTRICT shall have the right to terminate further water services until such delinquency is cured. (9) Access to Facilities and Records. Each party shall be entitled to inspect the facilities of the other at any reasonable time. Both parties agree to make mutually available such information or records as are at their disposal and as may be reasonably necessary to properly implement any section of this contract. (10) Non-Assignability. Neither this contract nor any interest therein shall be transferred or assigned by THE CITY without prior written consent of THE DISTRICT. (11 ) Water Quality. The quality of water delivered under this AGREEMENT shall be subject to applicable provisions of State and Federal law and rules and regulations of the appropriate State agency governing water quality, and subject also to applicable provisions of THE DISTRICT ordinances relating thereto and not inconsistent herewith. THE DISTRICT agrees to deliver water which shall be of no less quality than is delivered to its customers throughout THE DISTRICT service area. IN WITNESS WHEREOF the parties hereunto set their hands the day and year first above written. -1NG COUNTY WATER DISTRICT NO. 111 By PresTEFTF,4nd Commissioner -pasBy ommissioner - 3 - By ommissioner ATTEST: J� 1 Secretary, Board of Commissioners r CITY OF KE�T By _ _. , Mayor ATTEST: City C I 654E-1'2E - 4 - CITY OF MIEN y t June 19, 1986 Mr. Robert A. Morrison Superintendent King County Water Dist. No. 111 27239 132nd S.E. Kent, Washington 98042 Dear Bob: Enclosed please find the fully executed agreement for the sale of water by King County Water District No. ill to the City of Kent. Wayne Pace will be in contact with you regarding the implementation date. Should you have any questions, please do not hesitate to call . Very truly yours, 06-y�-w jlz� Don E. Wickstrom, P.E. Director of Public Works DEW:jb Enclosure cc to: Marie Jensen -" Wayne Pace 22041h AVK. 5U_, l KEN T,NIASHINGTON9W32fM5/ TEI FPPONE (20G) 872-3300