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Home My WebLink AboutPW05-384 - Original - Bridle Trails South Community Water System Association - Well Monitoring & Sampling - 01/26/2005 KENT WASHINGTON AGREEMENT CONCERNING WELL MONITORING AND SAMPLING (between the City of Kent and Bridle Trads South Community Water System Association) THIS AGREEMENT CONCERNING WELL MONITORING AND SAMPLING_("Agreement") is made between the CITY OF KENT, a Washington municipal corporation ("Kent'), and BRIDLE TRAILS SOUTH COMMUNITY WATER SYSTEM ASSOCIATION, a Washington non-profit corporation ("Bridle Trails'). I. RECITALS 1.1 Bridle Trails is the purveyor of a domestic water system servicing a small community of 14 homes near Ravensdale, Washington. This water system is adjacent to the eastern border of the Clark Springs Watershed owned by Kent and from which Kent obtains a portion of the city's water supply. 1.2 For approximately 12 years, Kent has been allowed to sample and analyze the water quality of a Bridle Trails well as part of Kent's ongoing wellhead protection program. Kent has appreciated this opportunity given the close proximity of the Bridle Trails wells to Kent's Clark Springs Watershed. Monitoring the water quality of the Bridle Trails well provides Kent an early warning system for possible contamination of the Clark Springs Watershed and thereby provides protection to Kent's water supply. 1.3 In an effort to continue to safeguard Kent's water supply and to assist Bridle Trails in meeting certain regulatory requirements established by federal, state, and local government agencies, the parties express their mutual intent and desire for Kent to continue monitoring the Bridle Trails well, to provide compliance sampling required by various government regulations, and to provide technical assistance as provided in this Agreement. II. AGREEMENT NOW THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, Kent and Bridle Trails agree as follows: AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 1 (between the City of Kent and Bridle Trails South Community Water System Association) 2.1 Certified gnerator-Monitoring and QLnpliance Sampling. Kent shall serve as Bridle Trails' "certified operator" as that term is defined in Ch. 70.119 RCW and Ch. 246-292 WAC and Kent shall provide all services described therein unless such services conflict with the terms of this Agreement. Should the services of a certified operator described within the cited statutory and regulatory provisions conflict with the terms of this Agreement, the terms of this Agreement shall control. 2.1.1 As the certified operator, Kent shall collect and submit water quality samples from Bridle Trails'monitoring wells, on Bridle Trails'behalf and at Bridle Trails'cost, to a laboratory certified by the Washington State Department of Health in accordance with the requirements of BridleTrails'annual Water Quality Monitoring ReportC'WQMR'�, and other applicable federal, state, and local regulations. 2.1.2 As provided above, Bridle Trails is responsible for the costs associated with monitoring the quality of its treated and distributed water. Kent, however, shall pay those costs associated solely with testing raw and source water for Kent's wellhead protection program. 2.1.3 Bridle Trials agrees to obtain the written agreement on the Right of Entry, attached as Exhibit A and incorporated herein, from all owners whose real property Kent will need to access in order to carry out Kent's duties under this Agreement. Bridle Trails acknowledges that without executed Right of Entry agreements, Kent will be unable to fulfill its duties under this Agreement. Bridle Trails also understands that if the Right of Entry agreements are revoked at any time, Kent will not be able to fulfill its duties under this Agreement. Bridle Trails agrees that if there is a change in ownership of any of the real property that Kent must access under this Agreement, Bridle Trails shall be responsible for having the new owner(s) execute a Right of Entry agreement. 2.1.4 Kent also agrees to provide advice and recommendations to Bridle Trails on remedial information regarding water quality, treatment, and distribution pertinent to Bride Trails' system, and to be available 24 hours per day to render emergency technical assistance. 2.2 Consumer Confidence Report. Kent shall compile the information it obtained from monitoring and sampling Bridle Trails'water system and prepare Bridle Trails'annual water system Consumer Confidence Report. Bridle Trails, however, shall retain the responsibility to timely distribute the Consumer Confidence Report to customers of the Bridle Trails'water system. 2.3 Duties and Responsibilities Retained byBridleTrai/s By this Agreement, Kent agrees to only provide those services to Bridle Trails as specifically described in sections 2.1 and 2.2 above. Kent shaOnotcomplete any other acts on behalf of Bridle Trails, including, but not limited to,those listed below, which shall continue to remain the sole responsibility of Bridle Trails: AGREEMENT CONCERNING WELL MONITORING AND SAMPLING-2 (between the City of Kent and Bridle Trails south Community Water System Association) 2.3.1 Financial assistance, debt assumption, or management of BridleTrails'water system. 2.3.2 Maintenance of Bridle Trails' water system in accordance with current federal, state, and local regulations which includes all preventative and predictive equipment maintenance. 2.3.3 Maintenance or repair of any equipment or infrastructure related to Bridle Trails' water system including pumps, valves, piping, distribution lines, or water services. 2.3.4 Collection of all necessary fees and funding from Bridle Trails'water system customers or enforcement of its internal requirements. 2.3.5 Implementation of system improvements recommended by local, state, and federal agencies or payment for any costs associated with those improvements. 2.3.6 Response to Bridle Trails water system issues, problems, or concerns identified by Kent or other regulatory agencies. 2.3.7 Notification to Bridle Trails'customers of any violations or health risks,which would include maximum contaminant level C'MCL')violations, both acute and non-acute, as mandated by local, state, and federal regulations. 2.3.8 Engineering, legal, or consulting services. 2.4 Duration and Termination. This Agreement shall remain in full force and effect until such time as it is mutually terminated by written agreement, unilaterally terminated after sixty(60) days advance written notice of termination to the other party, or a Right of Entry executed pursuant to section 2.1.3 is revoked. 2.5 Indemnification. Bridle Trails shall defend, indemnify and hold Kent, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by Kent's sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. AGREEMENT CONCERNING WELL MONITORING AND SAMPLING-3 (between the Gty of Kent and Bnd/e Trails South Community Water System Assoaation) IN WITNESS, the parties have executed this Amendment, which shall become effective on the last date executed below. BRIDLE TRAILS SOUTH COMMUNITY CITY OF KENT WATER SYSTEM ASSOCIATION By: By: Print Name: ;t t f Print Name. Larry Blanchard Ttle:�� ea< Title: Public Works Director Date: 'I--ZA1-e& Date: of- L& o6 APPROVED AS TO FORM: Byt Ci of Kent'Law Department STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this o,*,JI/A day of 2006, before me a Notary Public in and for the State of Washin ton, personally appeared�l�//4 /)1 l�arrri to me known to be the rr� of,-Bridle Trails South Community Water System Asso�ciat on, a W shmgton non-profit corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. -Notary Seal Must Appear Within n15 Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. re»t'er I e z- y NOTA Y PUBLIC, in rid for the State of Washington, residing at My appointment expires vW+riws�ioWin mosvnaertsvams��nveae AGREEMENT CONCERNING WELL MONITORING AND SAMPLING -4 (between the Cdy of Kent and Bridle Trails South Community Water System Association) 400^ • KENT WwSHIHOTOM RIGHT OF ENTRY AGREEMENT e" - e:u rr S (the "Owner', as the owner of real property located at r&9I� e z,i { Av,- and legally described on the attached Exhibit 1 ("Property', grants the city of Kent ("City"), a revocable right ("Access Right's to enter the Property between the hours of 7:30 a.m. and 4:00 p.m., in order for the City to carry out its well testing responsibilities under the Agreement Concerning Well Monitoring And Sampling ("Well Agreement's with Bridle Trails South Community Water System Association ("Bridle Trails') dated n,, :r , 2006. The Access Right shall be valid as long as the Well Agreement is in effect; provided, however, the Owner may revoke the Access Right at any time by delivering written notice to the City and Bridle Trails by certified mad, return receipt requested, at the following addresses: Attn: -4,/,*/IV 44c(-rt5 Attn: Sean Bauer Bridle Trails South Community Water Field Supervisor Water System Association City of Kent Public Works Operations ;?&,Vz,- Z&2r,d —/we -SE 220 Fourth Avenue South l LVe ,R ;de, . {111/+ y p5/ Kent, WA 98032 The notice will be effective sixty (60) days after its actual receipt by the City and Bridle Trails. The City agrees to repair any damage to the Property caused by the City's use of the Access Right. The City further agrees to indemnify, defend, and hold the Owner harmless from and against any and all damages, losses, and expenses arising out of or resulting from any claim, action, or other proceeding that is based upon any negligent act or omission or willful misconduct of the City or its employees or agents, arising in connection with the Access Right. OWNER:: K I(Y A `t4ar r s CITY OF KENT By: `�vi� 2 ,ti� By: Name: 16/tq Name: Larry Blanchard Its: ,7 c 2eXJ)y ��k+rie� Its: Public Works Director Date: ! - Z q-60 Date: 1-0 R 1GW1V1ESlOWHk91))2 SR MaleTVsRgYnv&aM9yD TcGly EOC RIGHT OF ENTRY AGREEMENT—Page 1 of 2 (Lot B) Y EXHIBIT 1 Legal Description LOT B OF KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L93L0131, RECORDED UNDER RECORDING NUMBER 9402151034, RECORDS OF KING COUNTY, WASHINGTON, AND BEING A PORTION OF LOT 1, KING COUNTY SHORT PLAT NO. 587024, RECORDED UNDER RECORDING NO. 8903280858, AND ALL OF LOT 3, KING COUNTY SHORT PLAT NO. 2780081 RECORDED UNDER RECORDING NUMBER 7811130987, ALL LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M. RIGHT OF ENTRY AGREEMENT—Page 2 of 2 (Lot B) KENT WA5MINGTON RIGHT OF ENTRY AGREEMENT (the "Owner', as the owner of real property located at 7 ces- "a d legally described on the attached Exhibit 1 ("Property"), grants the city of Kent ("City"), a revocable right ("Access Right's to enter the Property between the hours of 7:30 a.m. and 4:00 p.m., in order for the City to carry out its well testing responsibilities under the Agreement Concerning Well Monitoring And Sampling ('Well Agreement') with Bridle Trails South Community Water System Association ("Bridle Trails') dated �,.� 2006. The Access Right shall be valid as long as the Well Agreement is in effect; provided, however, the Owner may revoke the Access Right at any time by delivering written notice to the City and Bridle Trails by certified mail, return receipt requested, at the following addresses: Attn: d Il -(rtl, Attn: Sean Bauer Bridle TraRs South Community Water Field Supervisor Water System Association City of Kent Public Works Operations 06 `40 4GL.,;-+ rv'e�- S 220 Fourth Avenue South t4.% l Kent, WA 98032 The notice will be effective sixty (60) days after its actual receipt by the City and Bridle Trails. The City agrees to air an t Pro he C f T ty ag rep y damage o the Property caused by t ity s use o the Access Right. The City further agrees to indemnify, defend, and hold the Owner harmless from and against any and all damages, losses, and expenses arising out of or resulting from any claim, action, or other proceeding that is based upon any negligent act or omission or willful misconduct of the City or its employees or agents, arising in connection with the Access Right. OWNER: �- a �� A c "I CITY OF KENT r Name: __ a r✓ Name: Larry Blanchard Its: eue, 4 Its: Public Works Director Date: ?w C Date: Z;Pv V wWIVllF OpeP IW017)]WS�BMehi95Ry1XEMyf+taMBYW/MY�oGIY tloc RIGHT OF ENTRY AGREEMENT—Page 1 of 2 (Lot A) Y EXHIBIT 1 Legal Description LOT A OF KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L93L0131, RECORDED UNDER RECORDING NUMBER 9402151034, RECORDS OF KING COUNTY, WASHINGTON, AND BEING A PORTION OF LOT 1, KING COUNTY SHORT PLAT NO. 587024, RECORDED UNDER RECORDING NO. 8903280858, LYING WITHIN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 22 NORTH, RANGE 6 EAST, W.M. RIGHT OF ENTRY AGREEMENT—Page 2 of 2 (Lot A)