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Home My WebLink AboutPW11-265 - Extension - Rockwell, Boyd A & Linda J. - Temporary Water Service - 08/08/2011 Records M Y --gem e a Z�KE4T Document W.SMIMGTOM s 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: Boyd A. Rockwell and Linda J. Rockwell Vendor Number: JD Edwards Number n Contract Number: �� This is assigned by City Clerk's Office Project Name: Agreement for Provision of Temporary Water Service between the City of Kent and Boyd A. and Linda J. Rockwell Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 8/16/11 Termination Date: 5/31/14 Contract Renewal Notice (Days): 120 Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Public Works Detail: (i.e. address, location, parcel number, tax id, etc.): Agreement for the City to provide temporary water service from the well located on the former Lannoye property to the Rockwells i S,Public\RecordsMa nagement\Forms\ContractCover\adcc7832 1 11/08 1 AGREEMENT FOR PROVISION OF TEMPORARY WATER SERVICE BETWEEN THE CITY OF KENT AND BOYD A. AND LINDA J. ROCKWELL THIS AGREEMENT is entered between the CITY OF KENT, a Washington municipal corporation, whose mailing address is 220 4th Avenue S., Kent, Washington 98032 ("City") and Boyd A. Rockwell and Linda J. Rockwell i ("Rockwell"), the owner and occupant of real property located at 12608 S.E. 248th St., Kent, WA 98030, King County Tax Parcel 2122059038 ("Rockwell Property") regarding provision of water to Rockwell by the City. RECITALS The City of Kent has entered into an offer to purchase King County tax parcels 2122059122, 2122059177 and 2122059099, all located at the mailing address of 12436 SE 248th Street, Kent, Washington ("Lannoye Property") from Floyd D. Lannoye and Doris I. Lannoye, as Trustees under the Floyd D. Lannoye and Doris I. Lannoye Revocable Living Trust dated July 14, 1995 ("Lannoye"). Lannoye disclosed in the purchase and sale agreement that Rockwell has been receiving water from Lannoye at no cost from a well located on the Lannoye Property for approximately four (4) years, and Rockwell would like to continue to receive water from the well. The City is purchasing the Lannoye Property to be used as a stormwater detention pond for the future East Hill Operations Center located on the south side of S.E. 2481h St. In addition, the City is currently considering whether to acquire the Rockwell Property. In order to allow Rockwell to reside at Rockwell Property until the City decides to proceed with construction of the detention pond or whether t it wants to purchase Rockwell Property, the City has agreed to provide water to Rockwell from the well located on the Lannoye property. NOW THEREFORE, the City and Rockwell hereby agree and covenant as follows: �4 1. If the City completes the purchase of the Lannoye Property, the City will continue to provide Rockwell access to the well located on the Lannoye Property h time when the City elects to water for one residential unit until that t to supply ate o y terminate this Agreement pursuant to Sections 3 or 4, or as provided below in this Section 1, provided the City retains ownership of the Lannoye Property and provided Rockwell retains ownership of the Rockwell Property. The City does not guarantee or warranty an adequate supply of water from the well for one residential use. Further, the City does not guarantee that the well will remain viable, nor does NL 4 Agreement for Provision of Water - 1 it the City guarantee the quality of water from the well. If at any time the quantity or quality of the water becomes unsatisfactory or another governing agency determines that the Rockwell property must obtain water from a different source, Rockwell is solely responsible at its own cost,to obtain a new source of water for the Rockwell Property and to properly disconnect from the Lannoye Property well within 120 days. 2. Rockwell shall be responsible for paying the entire cost of electricity to P operate the well and for any and all maintenance costs for keeping the well in operation and for maintaining the service connection. Rockwell shall remit payment to the City within thirty (30) days of receipt of an invoice from the City. 3. The City shall provide 120 days notice of its intent to proceed with , a construction of the stormwater detention pond or if the City determines in its sole discretion that the City wishes to terminate this Agreement for any reason. Rockwell shall, at its sole cost, find an alternative water source for the Rockwell property within that 120 day period and properly disconnect from the Lannoye Property well, unless the City elects during that time to purchase the Rockwell G Property. 4. If not sooner terminated pursuant to Sections 1 or 3 above, this Agreement shall terminate on May 31, 2014. S. The City agrees to provide Rockwell reasonable access to the well and associated pipes for testing or maintenance upon 24-hour notice by Rockwell to the City. 6. Rockwell shall defend, indemnify and hold the City, 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 ;l out of or in connection with this Agreement, except for that portion of injuries and damages caused by the City's negligence. The foregoing includes, without limitation, injury or damage to the person or property of Rockwell or any third party. The provisions of this section shall survive the expiration or termination of I this Agreement. 7. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an JI Agreement for Provision of Water - 2 alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all of its legal , costs and attorney fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 6 of this Agreement. 8. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, personal service, or by facsimile transmission addressed as set forth below: All notices to be given to the City shall be addressed as follows: Tim LaPorte, P.E., Director Public Works Department City of Kent 220 Fourth Avenue South Kent, WA 98032 y Fax Number: (253) 856-6500 (a) All notices given to Rockwell shall be addressed as follows: Boyd A. Rockwell 12608 S.E. 248t' St. Kent, WA 98030 Either party may, by written notice to the other, designate another address for the giving of notices. All notices shall be deemed given on the day the notice is " personally served, or on the date of the facsimile transmission, or on the third day following the day the notice is mailed in accordance with this paragraph. 9. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and by Rockwell. 10. Neither party may assign the rights provided in this Agreement without the prior written consent of the non-assigning party. p 11. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer Agreement for Provision of Water - 3 " r or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall y prevail P a IN WITNESS WHEREOF, the parties have executed this Agreement on the last date set forth below. CI KENT ROCKWELL By: � �z-z— By: r/ � Print Name: J CG B Print Name: k w*!� T Its: Dated: / Dated: By: er Print Name: L lAj,jl A ::5 Dated: "i--V n Approved as to form: Kent Law Dep rtment P\CNd\Flles\Open Flles\1523-1-annoye Purchase&Sale\AGREEMENT FOR PROVISION OF WATER Rockwell docc I{ i Agreement for Provision of Water - 4 i r