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Water Metering Agreement
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08. August
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2018-08-21 10:00 AM - Commissioners' Agenda
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Water Metering Agreement
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Last modified
8/16/2018 1:09:28 PM
Creation date
8/16/2018 1:09:24 PM
Metadata
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Meeting
Date
8/21/2018
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
i
Item
Request to Approve a Resolution Adopting an Amended Metering Agreement
Order
9
Placement
Consent Agenda
Row ID
47235
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<br />Water Metering Agreement - Page 3 of 7 <br /> <br />11. Data Collected. Owner agrees that the County shall have the right to collect, monitor, analyze, and <br />disseminate data on mitigated water usage for the purposes of evaluation and analysis. Mitigation <br />and metering data will be provided to the Washington State Department of Ecology and the Water <br />Transfer Working Group. <br /> <br />12. Agreement as Covenant Running With the Land. This Agreement and the covenants contained <br />herein shall be construed as running with the land, and shall be fully binding on all successors, heirs, <br />and assigns of the Owner who acquire any right, title, or interest in or to the property, or any part <br />thereof. Any person who acquires any right, title, or interesting in or to the Property, or any part <br />thereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement. <br /> <br />13. Recording. Upon execution by the parties, Owner shall cause this agreement to be recorded in the <br />real property records of the office of the Kittitas County Auditor. <br /> <br />14. Indemnity. The Owner agrees to and shall defend, indemnify and hold harmless the County, its <br />successors and assigns, appointed and elective officers, agents and employees, from and against all <br />loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by <br />reason of any and all claims and demands upon the County, its successors and assigns, its elected or <br />appointed officials, agents, or employees for damages because of personal or bodily injury, including <br />death at any time resulting therefrom, damage to the property, including loss of use thereof, the water <br />meter, other property damage or harms for which recovery of damages is sought by any person or <br />persons whether such injury to persons or damage to property is due to the negligence of the Owner, <br />it’s employees or agents, except only such injury or damage as shall have been occasioned by the sole <br />negligence of the harmless the County, its successors and assigns, appointed or elected officials, <br />agents, or employees. <br /> <br />15. Notices. All notices, requests, demands, correspondence, and other communications to the respective <br />parties of this Agreement shall be in writing and shall be deemed to have been duly given on the date <br />personally served or within three (3) days after the date of mailing, if mailed, by first-class mail, <br />registered or certified, and addressed to the address set forth below: <br /> <br /> <br />
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