HomeMy WebLinkAboutCAG1991-0575 - Original - KC Water District No. 111 - Joint Use Reservoir Purchase - 06/06/1991 AGREEMENT BETWEEN
CITY OF KENT
and
KING COUNTY WATER DISTRICT NO. 111
WHEREAS, the CITY OF KENT ("City") , and KING COUNTY
WATER DISTRICT NO. 111 ("District") , jointly own a 3 . 5 MG
steel storage reservoir ("Joint Reservoir") , located at
124th Avenue and South 286th Street; and
WHEREAS, the terms of ownership are outlined in a
letter agreement dated March 14, 1983 ("Joint Reservoir
Agreement") ; and
WHEREAS, the existing and future water supply and
storage needs of both parties can best be met by the
District terminating its use of the Joint Reservoir and
constructing a new storage reservoir that is hydraulically
designed and operated to meet the independent needs of the
District;
NOW, THEREFORE, the City and District agree to
terminate the Joint Reservoir Agreement and the City agrees
to purchase the District's interest in the Joint Reservoir
under the following terms and conditions:
1. Purchase of Reservoir Equity by the City: The
City agrees to purchase the District' s equity in the Joint
Reservoir, including real estate. The legal description
of said property is appended hereto as Exhibit A. The
District's equity value is 43% of the original total
project cost of $773 , 643 .89 as increased in proportion to
the increase in the Consumer Price Index (United States
City Average for All Urban Consumers) all items, or the
substituted Index, as prepared by the United States
Department of Labor from the date of completion of the
Joint Reservoir to the date of this agreement. The
District' s equity value in 1991 dollars is $664,202.67
( . 043 x $773 , 643 . 89 )4135.17/67=.4 664,202.67 ) . The City
agrees to pay the sum of $ 664,202.67 to the
District in full within thirty (30) days of the execution
of this agreement. The District agrees to convey to the
City all of its right, title and interest in and to the
subject tank in consideration for payment of said sum.
2 . New District Reservoir/Overflow Elevation: The
District may proceed with the planning, design and con-
struction of at least a 1. 5 MG reservoir adjacent to the
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT ORIGINAL
NO. 111 - 1
Joint Reservoir. The District may at its sole discretion
build a larger reservoir.
If the District elects to construct a new
reservoir adjacent to the Joint Reservoir, the District
will meet with King County and adjacent land owners to
determine the amount of additional land, if any, required
for the new reservoir. Upon determining the land required
and the conditions for purchase, the District will meet
with the City to determine the most appropriate way to
acquire the necessary land. The City agrees to provide a
good faith effort to support the District in its
acquisition of whatever additional land may be required.
The expense of securing additional land shall be the sole
responsibility of the District.
If the District elects to construct a new storage
reservoir adjacent to the Joint Reservoir, the District
agrees to design the new reservoir to enable operation at
the City's 590 overflow elevation. The District's new
reservoir may be no more than than 30 feet higher than the
590 foot overflow elevation of the Joint Reservoir. The
City agrees to provide such easement as may be necessary
to the District to allow the construction and perpetual
operation of a new reservoir with related appurtenances on
available city property adjacent to the Joint Reservoir so
long as the District's use and operation of the new
reservoir is compatible with the City' s existing use of the
Joint Reservoir and that the District' s use does not
disrupt or otherwise adversely affect the City's operation
of the Joint Reservoir.
3 . Interim Use of Joint Reservoir Storage Capacity:
Until the District's replacement reservoir is available for
use, or two (2) years from the date of execution of this
agreement, whichever first occurs, the City will give its
best effort to operate the City' s system to maintain the
water elevation in the Joint Reservoir at a near full
condition to allow the District to use the reservoir during
peak day conditions.
The District will modify the intertie between
the District and the City at 150th Place S.E. and 272nd
Street to allow the manual operation of the intertie for
flow from the District well supply into the City system to
replenish any water withdrawn from the City system.
It is the District's intent to utilize the Joint
Reservoir only under conditions where the District is
unable to meet its peak day needs without use of the Joint
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
NO. 111 - 2
Reservoir. The District will limit its Joint Reservoir
withdrawal to 750, 000 gpd unless prior consent from the
City is obtained.
Although there is no limit on the number of days
during which the District can use the Joint Reservoir, it
is anticipated that the number of days will not exceed
thirty (30) per year.
4. Compatibility of Water Quality: The quality of
water from the District's wells was evaluated for com-
patibility with water from the City's spring supply at the
point of mixing. Based upon an analysis of the data
provided by the two utilities, and the ratio of District
water to City water in the transmission line during peak
period usage, there does not appear to be a problem of
water quality compatibility or residual water quality
problems for the City. Some iron or manganese deposits are
possible, even though it is not anticipated that such a
problem would be significant.
5. District Facilities for Replacement of City
Water: The District shall modify its metering and valving
facilities to allow for manual operation of the intertie
facilities. Through joint monitoring of the metered
withdrawal and replacement water, the District will assume
the responsibility to replace City water used within
twenty-four (24) hours.
In the event the District supply system is unable
to replace the water within a twenty-four (24) hour period,
the quantity of water utilized by the District that is not
replaced will be purchased from the City at the established
District commodity cost. The 1990 District cost is
$1.20/100 cubic feet. If the District is unable to replace
the water withdrawn from the City in forty-eight (48)
hours, the District will purchase the excess water at a
rate equivalent to the City's in-City commercial commodity
rate. The 1990 City commercial commodity rate is $1. 64/100
cubic feet. If the District is unable to replace the water
withdrawn from the City in seventy-two (72) hours, the
District will purchase the excess water at a rate
equivalent to the City' s outside-City commercial commodity
rate. The 1990 outside-City commercial rate is $2 . 00/100
cubic feet.
The method of accounting for the quantity of
water to be replaced or purchased by the District will
utilize the meter reading and accumulative assessment of
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
NO. 111 - 3
costs outlined above. Exhibit B provides a sample ledger
to account for the responsibilities of the District to the
City for the replacement or purchase of water. Actual
payment by the District will be required prior to the end
of the calendar year.
6. Execution of Additional Documents: Both parties
agree, upon request, to execute such other and further
documents as may be necessary or desirable to effectuate
the intent of this agreement. Specifically,
hout
limiting the generality of the foregoing, the District
agrees to execute a statutory warranty deed to the City
conveying the District' s interest in the Joint Reservoir.
7 . Water Supply Shortage: In the event the City has
a water shortage problem due to drought conditions or other
water supply needs, the District will follow the same
conservation and/or drought response plan used by the City
and will terminate use of the City's supply system if the
City's supply is unable to meet City demands.
8. Shared Maintenance Expenses: The District agrees
to share equally with the City all costs of maintaining
jointly used facilities utilized by the District for
access, construction and maintenance of the District' s
proposed reservoir, including but not limited to the cost
of maintaining the access road to the site.
9 . Cit ' s Review of District' s Plans: The District
agrees to provide the City with copies of all construction
documents for the proposed reservoir for the City' s review
and approval. The City desires to assure itself that the
contemplated new reservoir will not adversely affect the
structural integrity of the Joint Reservoir.
10. Effective Date: This Agreement will become
effective on signing of both parties.
C TY OF KENT KING COUNTY WATER DISTRICT
O. 111
1
�,� ti
�r t
By: SON Secretary
CHARLES WI ,
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
NO. 111 - 4
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
On this 14. day of 4 �?JL . , 1991,
personally appeared before me, 0,' vV,6 j r; !��i-L-rt�,�
to me known to be the individual that executed the fore-
going instrument on behalf of the City of Kent, and
acknowledged the said instrument to be its free and
voluntary act and deed, for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
NOTARY PUBLIC in and for the
State of Washington, residing at
My Commission Expires.
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
On this o7J�` day of Ap , 1991,
personally appeared before me, harles Wilson, to me known
to be the individual that executed the foregoing instrument
on behalf of King County Water District No. 111, and
acknowledged the said instrument to be its free and
voluntary act and deed, for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
1 1 6z�� z
T Y/ BLIC in and for the
t e Washington, residing at
My Commission Expires:
AGREEMENT BETWEEN CITY OF KENT
AND KING COUNTY WATER DISTRICT
NO. 111 - 5