HomeMy WebLinkAboutLW15-327 - Original - King County Water Distrcit No 111 - Water Service Area Boundary Adjustment Agreement - 09/11/2015 i
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WASHINGTON 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: �-Dal CoUvAN wokly- rJo € I d
Vendor Number:
ID Edwards Number
Contract Number: '
This is assigned by City Clerk's Office
Project Name: TypOr yc • nr-c ;£ ._. cf'uui`—rkm4 SIG Ii'4 ,f ar
Description: D Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: ? ( { Termination Date.-
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: I#VI( d; Department: 7 t ti J
Contract Amount, l ¢
Approval Authority: ❑ Department Director EdMayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
adccW10877 8 14
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WATER SERVICE AREA
BOUNDARY ADJUSTMENT AGREEMENT
This Water Service Area Boundary Adjustment Agreement ("Agreement") is
made and entered into by and between the City of Kent, a Washington municipal
corporation ("City"), and King County Water District No. 111, a Washington
municipal corporation ("District") (each individually a "Party" and collectively the
"Parties") for the purposes set forth below.
Recitals
A. The City is a non-charter code city formed and existing pursuant to
Title 35A of the Revised Code of Washington (RCW). The City owns and operates
water and sewer utility systems and provides retail water utility services to
customers located within the City's corporate and approved utility service area
boundaries.
B. The District is a water-sewer special purpose district formed and
existing pursuant to Title 57 RCW. The District owns and operates a water utility
system and provides retail water services to customers located within the District's
corporate and approved water service area boundary.
C. Portions of the District's and the City's water service area boundaries
are adjacent.
D. The City's and the District's exclusive water service area boundaries
have been established and approved pursuant to Chapter 70.116 RCW, the Public
Water System Coordination Act of 1977 ("Act"). In accordance with the South King
County Coordinated Water System Plan (CWSP) prepared pursuant to the Act, the
City and the District have been designated the exclusive water service purveyors
within their respective authorized water service areas. The City's and District's retail
water service area boundaries have also been established and approved pursuant to
water system plans approved by the Washington State Department of Health
(DOH), King County, and other public agencies with jurisdiction. The water system
plans designate the City and the District as the exclusive water service purveyors
within their respective authorized retail water service areas.
E. The City has received a subdivision plat application to construct
approximately 82 single-family homes within the corporate boundaries of the City
of Kent, hereinafter referred to as the "Rainier Pond" subdivision, or the "Property."
F. The District provides water service within a portion of the City's
corporate boundaries. The Parties have an agreed service area boundary line that
determines which properties within the City will be served by the City and which
properties will be served by the District.
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Water Service Area Boundary Adjustment Agreement
(between the City of Kent and Water District 111) j
Page 1 of 4
G. The Property lies partially within both Parties' designated service
areas.
H. The Parties have determined to adjust their exclusive retail service
areas relative to the Property so that the Property will lie entirely within the City's
exclusive retail water service area, on the condition that the City pay the District
one-half of the system development charge established in section 7.02.160 of the
Kent City Code (KCC), as amended, and collected by the City from the developer of
the Rainier Pond subdivision for those lots residing within the District's current
exclusive water service area boundary.
Therefore, in consideration of the terms and conditions set forth herein, the
Parties agree as follows:
Agreement
1. The Recitals set forth above are incorporated herein in full by this reference.
2. Water Service Area Boundary Adjustment. The Parties agree the water
service area boundary between the City and the District is hereby adjusted so that
all the Property as legally described on Exhibit A attached hereto and incorporated
herein by this reference shall be added to and lie entirely within the City's exclusive
retail water service area as of the Effective Date of this Agreement. A depiction
showing the adjusted and modified exclusive retail water service area boundaries
between the Parties in the area of the Property is attached for illustrative purposes
as Exhibit B, which is incorporated in full herein by this reference.
3. Payment. In consideration of the adjustment of the exclusive retail water
service area boundary between the Parties as provided for in this Agreement, the
City will pay the District one-half of the water system development charge ("SDC")
established in KCC section 7.02.160 as amended, and collected by the City from
the developer of the Property or other party related to the Rainier Pond
development for those lots located within the District's current exclusive retail
water service area boundary (currently estimated at 45 lots). The City will tender
payment of the SDCs to the District within sixty calendar days from the date of the
City Council's acceptance of the Bill of Sale for the Rainier Pond subdivision public
system improvements.
4. Planning Documents Other Approvals and Governmental Notifications. The
Parties agree to amend their respective water system plans and any other required
planning or permitting documents to document, show and formalize the adjusted
exclusive water service area boundary between the Parties as provided for in this
Agreement, with each regular update of those plans, permits or other documents.
Both Parties shall provide any required government notifications, including without
limitation, notifications to DOH and the King County Boundary Review Board.
However, failure to make those amendments, failure to obtain any required plan
approvals involving the service area adjustment, or failure to provide required
Water Service Area Boundary Adjustment Agreement
(between the City of Kent and Water District 111)
Page 2 of 4
notifications will not affect the contractual obligations between the Parties as
provided for in this Agreement.
5. The Parties agree there are no other agreements to adjust and modify the
Parties' respective existing water service area boundaries other than the agreement
to modify their water service area boundaries relative to the Property provided for
in this Agreement.
6. Miscellaneous.
6.1 Duration. This Agreement will remain in effect as a permanent
water service area boundary change between the Parties.
6.2 Indemnification. The City will defend, indemnify and hold the
District, 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 City's negligent performance
of this Agreement.
The District will 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 out of
or in connection with the District's negligent performance of this Agreement.
6.3 Non-Waiver of Breach. Either Party's failure to insist upon strict
performance of any of the covenants and agreements contained in this Agreement
or to exercise any option conferred by this Agreement in one or more instances will
not be construed to be a waiver or relinquishment of those covenants, agreements
or options.
6.4 Governing Law Resolution of Disputes and Legal Costs. Washington
law will govern this Agreement. If the Parties are unable to settle any dispute,
difference or claim arising from this Agreement, the exclusive means of resolving
that dispute, difference or claim, will 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 alternative dispute resolution
process. In any claim or lawsuit for damages arising from the Parties' performance
of this Agreement, each Party will pay all its legal costs and attorney fees incurred
in defending or bringing that claim or lawsuit, including all appeals, in addition to
any other recovery or award provided by law; provided, however, nothing in this
paragraph will be construed to limit either Party's right to indemnification under
subsection 6.2.
6.5 Assignment or Modification. Assignment, waiver, alteration, or
modification of all or part of this Agreement will not be binding on the Parties unless
in writing and signed by a duly authorized representative of each Party.
Water Service Area Boundary Adjustment Agreement
(between the City of Kent and Water District 111)
Page 3 of 4
III
6.6 Entire Agreement. The written provisions and terms of this Agreement
supersede all prior verbal statements of any officers or other representatives, and
those statements will not be construed as part of this agreement.
6.7 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall constitute an original, and all of which together
will constitute one agreement.
6.8 Authority. The Parties represent and warrant this Agreement has
been duly approved and authorized by their respective legislative authorities, that
each Party has fully power and authority to enter into this Agreement and to carry
out the actions required of them in this Agreement, and all person signing this
Agreement in a representative capacity represent and warrant they have the full
power and authority to bind their respective municipal entities.
7. Effective Date. This Agreement will take effect on the last date entered
below ('Effective Date").
The City of Kent King County Water District
No. III
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Its i { Its �- �NEA41 - MANNCEp�
Date: ` f f/ 1/.° Date:
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Water Service Area Boundary Adjustment Agreement
(between the City of Kent and Water District 111)
Page 4 of 4
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EXHIBIT A
THAT PORTION OF THE WATER DISTRICT 111 FRANCHISE LYING WITHIN
SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 21,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M,, IN KING COUNTY, WASHINGTON,
AS DESCRIBED IN CITY OF KENT ORDINANCE 3447 UNDER KING COUNTY
RECORDING NUMBER 19991012000148 SHALL BE RELOCATED TO INCLUDE THE
LANDS LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST 495.00
FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE SOUTH
LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 21; THENCE EASTERLY, ALONG SAID SOUTH LINE TO THE WEST
RIGHT OF WAY MARGIN OF 124TH AVENUE SOUTHEAST, SAID MARGIN BEING
30.00 FEET FROM CENTERLINE; THENCE NORTHERLY ALONG SAID WEST
MARGIN AND ITS NORTHERLY EXTENSION TO ITS INTERSECTION WITH THE
NORTH RIGHT OF WAY MARGIN OF SOUTHEAST 248TH STREET, SAID MARGIN
BEING 20.00 FEET FROM CENTERLINE; THENCE WESTERLY ALONG SAID
NORTH MARGIN TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE
EAST 495.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 21, SAID
POINT BEING ON THE WEST LINE OF THE EXISTING WATER DISTRICT 111
FRANCHISE LIMIT AND THE TERMINUS OF THE HEREIN DESCRIBED LINE,
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NORTH MARGIN 248TH re_
SE 248TH ST -
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WEST LINE OF THE EAST 495'
OF THE SW114 SEC 21
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IMPORTANT:
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THIS IS NOT A SURVEY.IT I POINT
IS FURNISHED AS A OF BEGINNING
CONVENIENCE TO LOCATE
THE LAND INDICATED
HEREON WITH REFERENCE SOUTH LINE OF NE1/4 OF SW1/4
TO STREETS AND OTHER
LAND.NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON. PROJECT#WATER DISTRIC BOUNDARIES
WATER DISTRICT 111
LOCATED IN THE NW 1/4 AND THE BOUNDARY REVISION
SW 1/4 OF SEC 21,TOWNSHIP 22 N, KENT DRAWN BY: TLM
RANGE 5 E,W.M. EXHIBIT
CITY OF KENT SCALE: 1"=200' B
LA ND SURVEY SECTION DATE: 7/13/2015
REQUEST FOR MAYOR'S SIGNATURE
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Yexni»eux
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director_
Originator: Kim Komoto Phone (Originator): 5788
Date Sent: 9/10/15 Date Required: 9/14/15
Return Signed Document to: Kim Komoto Contract Termination Date: Permanent
VENDOR NAME: Date Finance Notified:
King Count Water District 111 (Only required on contracts /
g y 20 000 and over or on an Grant
DATE OF COUNCIL APPROVAL: �/A Date Risk Manager Notified:N/A
(Required on Non-City Standard Contracts Agreements
Has this Document been Specificall Account Number: �/A
Authorized in the Budget.? YESONO
Brief Explanation of Document:
Rainier Pond, a subdivision plat application to construct 82 single family-homes are
located within the corporate boundaries of the City of Kent. -Althcrugh#the-homes are
located d-within--the-city-limits -water_service.vvil -be-provfct 13y--Water-DistriCtT31 Toms-'
Agreement-sets-forth-t-he-termsbetween the pity and aA7%er D-fstric€ —
I-Er.-Al!COntraetl l ul A Be i4otft6d"Through The Law Department
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(Thfs'areato be r6ftleted by the Law Department) tt`--
Received:
Approval of Law Dept.: „ ,.'& _y �� ; h
Law Dept. Comments:
Date Forwarded to Ma or: - i C„
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
IN
Disposition:
Date Returned:
Pi""illFo ,I.., u .....l br Ma'm "'.1-
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