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HomeMy WebLinkAboutLW09-186 - Original - Alaskan Copper Companies, Inc. - Agreement Regarding Water Service - 09/18/2009 Records Marf- ement KENT i WA9MINGTON . aC�t. Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: f l ' K�q� l p(� l��br . Vendor Number: JD Edwards Number Contract Number: LW This is assigned by City Clerk's Office Project Name: Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment IiAl Contract ❑ Other; y� Contract Effective Date: I UW ,,!UJ60b,—Termination Date: /�Lk Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: MtcBQ.(,l.-Q(fepartment: Gki Detail: (i.e. address, location, parcel number, tax id, etc.): K a te- t 5•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 Return Address: Robert D.Johns Johns Monroe Mitsunaga PLLC 1601 1141h Avenue SE,#110 Bellevue,WA 98004 AUDITOR/RECORDER'S INDEXING FORM Document Titles : I AGREEMENT REGARDING WATER SERVICE Grantors : ALASKAN COPPER COMPANIES,INC Grantees : CITY OF KENT Legal Tract 2,City of Kent Short Subdivision No SPC-79-16,recorded under Recording No. Description: 7908090932,records of King County, Washington abbreviated Assessor's Property Tax Parcel/Account Numbers: 10006800035 AGREEMENT REGARDING WATER SERVICE RECITALS A. Alaskan Copper Companies, Inc., doing business as Alaskan Coper & Brass, ("Alaskan Copper") is the owner of the property located at 27402 72" Avenue, South, Kent, Washington, 98032 (the "Property") The Property is legally described as: Tract 2, City of Kent Short Subdivision No. SPC-79-16, recorded under Recording No. 7908090932, records of King County, Washington (King County Tax Lot No. 0006800035) B. Alaskan Copper is the successor in interest to Ball Metal Beverage Container Corporation ("Ball") and Reynolds Metal Company ("Reynolds"), the previous owners of the Property. C. During the time that the Property was owned by Ball and Reynolds and at all times since then, domestic water service has been provided by the City of Kent. D. There is currently a six inch (6") water meter on the connection between the City of Kent water system and the on-site private water system serving the property. This meter was installed by Reynolds, used by Ball and 1s currently owned by Alaskan Copper. E. The existing six inch meter is not accurate and does not meet current City of Kent standards. As a result, it needs to be replaced. AGREEMENT REGARDING WATER SERVICE- 1 F. Alaskan Copper is in the process of a multi-phase redevelopment of the Property. G. Alaskan Copper has a vested right to water service based on the capacity of a six inch meter and the historical use of the quantity of water by the previous owners of the Property. H. Alaskan Copper's current redevelopment plans (primarily involving the existing building on the site) can be served by a three inch (3") water meter. Future phases of the redevelopment (including changes in use within the existing building and/or additional buildings on the site) will likely require additional water service and a larger water meter (or multiple water meters). I. Installing a replacement six inch meter at this time will result in less accurate meter readings for the volume of water consumed by Alaskan Copper. As a result, the City and Alaskan Copper have agreed that it would be prudent to install a three inch meter at this time and make provision for future use of a larger meter, or multiple meters as permitted or allowed by the City,to serve future redevelopment of the Property. NOW, THEREFORE, ALASKAN COPPER COMPANIES, INC., dba ALASKAN COPPER & BRASS, and the CITY of KENT agree as follows: 1. Right to Water Service. The parties agree that the historical water usage for the Property is based on the capacity of a six inch water meter and that Alaskan Copper has the right to obtain water service in that volume from the City of Kent except for under the conditions described in KCC 7.02.360 Emergency Shutoff without Notice, and KCC 7.13 Water Shortage Emergency Regulations. 2. New Water Meter for Current Redevelopment. Alaskan Copper and the City of Kent agree that Alaskan Copper will install a three inch water meter to serve the current redevelopment work on the Property. Alaskan Copper will pay the cost of the 3"-inch water meter in accordance with City code requirements, but will not be required to pay a system development charge for that meter pursuant to KCC 7 02.160(C) 3. Water Service for Future Phases of Redevelopment. Alaskan Copper shall have the right to increase the water meter size, or add additional water meters as permitted or allowed by the City, as necessary for future re-development of the Property. Alaskan Copper will be required to pay the cost of the water meter(s) per City code requirements, but will not be obligated to pay system development charges pursuant to KCC 7.02.160(C), as now or hereafter amended, up to the point where the capacity created by the new water meter(s) is less than or equal to the capacity of a six inch water meter. If a water meter or water meters with capacity in excess of the equivalent of a six inch water meter are required, Alaskan Copper shall pay system development charges pursuant to KCC 7 02.160(C), as now or hereafter amended, for the excess capacity greater than that of a 6"-inch water meter estimated to be a peak demand of 500 gallons per second. AGREEMENT REGARDING WATER SERVICE-2 4. Successors. All of the terms and provisions contained herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. S. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. Executed this S day of2009. ALASKAN COPPER COMPANIES, INC., dba ALASKAN COPPER& BRASS Byl Title Executed this day of 2009. CITY OF KENT By 1� . Title 7c, b`(G w© h 6 e G�jZ Approved as to form: CITY ATTORNEY FOR CIT O7FKENT By Title GiTY A77' AGREEMENT REGARDING WATER SERVICE-3 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Ni toc C. ka --a is the of ALASKAN COPPER COMPANIES, INC., dba AL SKAN COPPER & BRASS, a Washington corporation, and is the person who appeared before me, and acknowledged that he signed this instrument on behalf of such company, on oath stated that he was authorized to execute the instrument and acknowledged it as the free and voluntary act of such corporation for the uses and purposes mentioned in this instrument. DATED: �/�/S/Oy No��P �l v�•� ON,h,tloff E i� M S _ mZ - i '. ''us�`� = " ^'� / (Print Name) Zip�yT�, 4„191�r C� Notary Public F WAS��� Residing at Gt A jf lz z My appointment expires: `1-19 -.2 otv STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby ce at I know or have satisfactory evidence that 4 the f the CITY of KENT, a Washington municipal core ation, and is e person who appeared before me, and acknowledged that he signed this instrtknent on behalf of such company, on oath stated that he was authorized to execute the instrument and acknowledged it as the free and voluntary act of such corporation for the uses and purposes mentioned in this instrument. DATED- Notary Seal LARSO i n A ,,,, �Z oTAR ' %1 i 2 - (Print Name) 6 28-12, '��= Notary '/ h���WASN My appointmentResid ng at 11� pointment expires: Pf �/ AGREEMENT REGARDING WATER SERVICE-4