HomeMy WebLinkAboutCAG2023-515 - Original - Brian Blessing - Well Monitoring and Sampling & Right of Entry Agreement - 10/04/2023 rVK%.11 i Vr nC1V 1 VrrII.INL U3C U14Li
Sup/Mgr:
Agreement Routing Form DirAsst:
44 • For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASH 1 N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Karin Bayes for Sean Bauer Public Works
Date Sent: Date Required:
> 09/28/2023 10/5/2023
0
fl. Mayor or Designee to Sign. Date of Council Approval:
fl.
Q Interlocal Agreement Uploaded to Website N/A
Budget Account Number: Grant? Yes NoF,_/1
Budget?❑Yes ZNo Type: N/A
Vendor Name: Category:
Brian Blessing Other
Vendor Number: Sub-Category:
= Other
0
Project Name: Well Monitoring/Sampling and Right of Entry Agreement
1. Project Details: Well Monitoring and Sampling Agreement between City of Kent and Mr.
� Blessing for the real property at 27244 SE Kent Kangley near Ravensdale, as
well as Right of Entry Agreement attached as Exhibit A.
C
Basis for Selection of Contractor:
Agreement Amount: N/A N/A
E *Memo to Mayor must be attached
i Start Date: nIi
t0 si e Termination Date:
p1
Q Local Business?❑Yes[—,/]No*If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Locol Exceptions"form on Cityspace.
Business License Verification: ❑YesElln-Process1-1Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number: ]
�YesF1/_1No C
Comments: cTv
_ C
CM
0
D
0O�T 4 2 2023
CC
Date Received:City ®FPS- to Routed:Mayor's Office `0 _6 City Clerk's Office 10 5 7s3
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
10
KENT
WAS..N CIT.N
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING
(between the City of Kent and Brian Blessing)
THIS AGREEMENT CONCERNING WELL MONITORING AND SAMPLING
("Agreement") is made between the CITY OF KENT, a Washington municipal
corporation ("Kent"), and BRIAN BLESSING ("Mr. Blessing").
RECITALS
A. Mr. Blessing is now the sole owner of real property located near
Ravensdale, Washington at 27244 SE Kent-Kangley Road (the "Property"). The
Property was previously owned by Dolores Turner ("Ms. Turner"). As the new owner,
Mr. Blessing operates the Ravensdale Mobile Home Park on the Property and is the
purveyor of a domestic water system located on the Property which serves the mobile
home park and its tenants. Mr. Blessing's water system is located within Kent's aquifer
protection area for Clark Springs.
B. In 2008, Kent entered into an agreement with Ms. Turner
concerning the monitoring and sampling of the water quality of the Ravensdale Mobile
Home Park.
C. Kent would like to continue monitoring of water quality of the
Ravensdale Mobile Home Park well because this monitoring will protect Kent's water
supply by serving as an early warning system of possible contaminants in the aquifer.
In an effort to safeguard Kent's water supply and to assist Mr. Blessing in meeting
certain regulatory requirements established by federal, state, and local government
agencies, the parties express their mutual intent and desire for Kent to monitor the
Ravensdale Mobile Home Park well, to provide compliance sampling required by
various government regulations, and to provide technical assistance as provided in this
Agreement.
The parties therefore agree as follows:
AGREEMENT
1 Certified Operator - Monitoring and Compliance Samp/ina. Kent shall
serve as the "certified operator" for the Ravensdale Mobile Home Park well, as the
term "certified operator" is defined in Ch. 70A.120 RCW and Ch. 246-292 WAC, and
Kent shall provide all services described therein unless such services conflict with the
terms of this Agreement. If there is a conflict between Ch. 70A.120 and Ch. 246-292
WAC, the terms of this Agreement will control.
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 1
(between the City of Kent and Brian Blessing)
1.1 As the certified operator, Kent shall collect and submit water quality
samples from the Ravensdale Mobile Home Park well, on Mr. Blessing's behalf, to a
laboratory certified by the Washington State Department of Health in accordance with
the requirements of Mr. Blessing's annual Water Quality Monitoring Schedule
("WQMS"), and other applicable federal, state, and local regulations.
1.2 Mr. Blessing shall pay those costs incurred in testing finished water
distribution samples that have no bearing on Kent's source water. These include, but
are not limited to, the cost of testing for lead, copper, and bacteriological samples.
Kent, however, shall pay those costs associated solely with testing raw and source
water samples for Kent's wellhead/aquifer protection program.
1.3 Mr. Blessing agrees to execute the Right of Entry, attached as
Exhibit A and incorporated herein, as owner of the Property. Mr. Blessing
acknowledges that without an executed Right of Entry agreement, Kent will be unable
to fulfill its duties under this Agreement. Mr. Blessing also understands that if the
Right of Entry agreement is revoked at any time, Kent will not be able to fulfill its
duties under this Agreement. If there is a change in ownership of the Property that
Kent must access under this Agreement, Mr. Blessing shall be responsible for having
the new owner(s) execute a Right of Entry agreement.
1.4 Kent also agrees to provide advice and recommendations to Mr.
Blessing on remedial information regarding water quality, treatment, and distribution
pertinent to his system, and to be available 24 hours per day to render emergency
technical assistance.
2 Consumer Confidence Report. Kent shall compile the information it
obtains from monitoring and sampling the Ravensdale Mobile Home Park well and
prepare Mr. Blessing's annual water system Consumer Confidence Report. Mr.
Blessing, however, shall retain the responsibility to timely distribute the Consumer
Confidence Report to customers of the Ravensdale Mobile Home Park water system.
3 Duties and Responsibilities Retained by Mr. Blessing. Kent agrees to only
provide the services to Mr. Blessing as specifically described in Section 1. Kent will
not complete any other acts on behalf of Mr. Blessing, including, but not limited to,
those listed below, which shall continue to remain the sole responsibility of Mr.
Blessing:
3.1 Financial assistance, debt assumption, or management of Mr.
Blessing's water system.
3.2 Maintenance of Mr. Blessing's water system in accordance with
current federal, state, and local regulations which includes all
preventative and predictive equipment maintenance.
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 2
(between the City of Kent and Dolores Turner)
3.3 Maintenance or repair of any equipment or infrastructure related to
Mr. Blessing's water system including pumps, valves, piping,
distribution lines, or water services.
3.4 Collection of all necessary fees and funding from customers of Mr.
Blessing's water system, or enforcement of his internal
requirements.
3.5 Implementation of system improvements recommended by local,
state, and federal agencies or payment for any costs associated
with those improvements.
3.6 Response to water system issues, problems, or concerns identified
by Kent or other regulatory agencies.
3.7 Notification to the Ravensdale Mobile Home Park well customers of
any violations or health risks, which would include maximum
contaminant level violations, both acute and non-acute, as
mandated by local, state, and federal regulations.
3.8 Engineering, legal, or consulting services.
4 Duration and Termination. This Agreement shall remain in full force and
effect until one of the following occurs:
4.1 Mutually terminated by written agreement of the parties,
4.2 Unilaterally terminated after 60 days advance written notice of
termination to the other party,
4.3 Immediately terminated upon revocation of the Right of Entry
executed pursuant to Section 1.3, or
4.4 Unilaterally terminated by the City upon five days advance written
notice to Mr. Blessing if the City or any federal or state agency
determines that the Ravensdale Mobile Home Park well is deficient
or poses a threat to the public health, safety, and welfare, and the
City determines in its sole judgment that Mr. Blessing has failed to
take prompt action to correct such deficiencies or threats. In the
event of such deficiencies or threats, rather than termination of
the agreement, the City also has the option, but not the duty, to
correct or mitigate the deficiency or threat at Mr. Blessing's
expense.
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 3
(between the City of Kent and Dolores Turner)
The parties acknowledge that if this Agreement is terminated without Mr.
Blessing having obtained a replacement certified operator, the Ravensdale Mobile
Home Park water system will be out of compliance with regulatory requirements.
5 Indemnification. Mr. Blessing 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.
5 Entire Agreement; Modifications. This Agreement contains the entire
understanding of the parties with respect to the specific matters set forth herein. Any
modification, change, amendment, or alteration to this Agreement must be in writing
and signed by all parties to be effective.
7 Counterparts. This Agreement may be executed in one or more
counterparts, each of which will constitute an original, and all of which together will
constitute one agreement.
IN WITNESS, the parties have executed this Amendment, which shall become
effective on the last date executed below.
BRIAN BLESSING CITY OF KENT
Owner of the Ravensdale Mobile
Home Park Water System
By: Y By:
Prin Name: Brian Blessing Print Name:
Date: �//�� ,,�� _ Title: —
� � 7 Date:
APPROVED AS TO FORM:
By:
City of Kent Law Department
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 4
(between the City of Kent and Dolores Turner)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this el,-5� day of 2023, before me a Notary Public in and
for the State of Washington, personally appeared Brian Blessing, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument and acknowledged it to be his free and voluntary act and deed
for the uses and purposes mentioned in this instrument.
Notary Seal Must Appear within This Box
�1111/11t1111//�
0�� .V14�, 1•I '4YHEREOF, I have hereunto set my hand and official seal the
da_` ,_�M> j1°�'ie written.
_ ;v NOTARY i x '�!,aR3.
��>;� 1°U84�C �*-r Otf-r
�!N�1 ' +b �.• �� NOT PUBLIC A and for the State
0 of Washington, residing at
le�411011`11 11%%+ My appointment expires f $y
AGREEMENT CONCERNING WELL MONITORING AND SAMPLING - 5
(between the City of Kent and Dolores Turner)
KE IVT EXHIBIT A
N
WASHINGTON RIGHT OF ENTRY AGREEMENT
Brian Blessing (the "Owner"), as the owner of real property located at
27244 SE Kent-Kangley Road located near Ravensdale, Washington, and legally
described on the attached Exhibit 1 ("Property"), grants the city of Kent ("City"), a
revocable right ("Access Right") 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 Brian Blessing dated , 2023.
The Access Right will be valid as long as the Well Agreement is in effect;
except that the Owner may revoke the Access Right at any time by delivering
written notice to the City by certified mail, return receipt requested, at the following
addresses:
Attn: Sean Bauer
Water & Sewer Utility Manager
City of Kent Public Works
220 Fourth Avenue South
Kent, WA 98032
The notice will be effective 60 days after its actual receipt by the City and the
Owner.
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: BRIAN BLESSING CITY OF KENT
By: By:
Name:
11 lcf�i�i Name 0
n sr
Its: 0,4114j, Its: f'Y\ -
Date: �� �2 Date:
P:\0vi I\FII a s\O pen Files\12 54\Rig htEntry.do[
RIGHT OF ENTRY AGREEMENT - Page 1 of 2
EXHIBIT 1
Legal Description
E 273.61 FT. OF W 605.61 FT OF S 290 FT. OF SE 1/4 OF SE 1/4 LESS CO RD LESS
C/M RGTS.
KING COUNTY TAX PARCEL NO. 252206-9063
RIGHT OF ENTRY AGREEMENT - Page 2 of 2