HomeMy WebLinkAboutVantage Water System AgreementVANTAGE WATER SYSTEM
AGREEMENT FOR PURCHASE OF WATER
This Agree ment effective apt j I y.-fh ,2017, between VWS (Vantage Water System),
located in Vantage, Washington, hereinafter called the "Seller", and Kittitas County, address at
205 W. Fifth Avenue #108, Ellensburg, Washington, 98926, hereinafter called the "Consumer".
WITNESSETH :
The Seller shall provide water to the Consumer in accordance with the terms of this agreement,
and applicable County, State and Federal regulations, as well as Washington State UTC Model
Rules for small water systems, subject to VWS modifications, copy of rules hereby attached and
acknowledged. Water shall be delivered to the point of service, which shall be at the service
main or lateral line at the point of easement. Consumer agrees to pay all monthly charges
(including special charges, late fees and installation charges) in accordance with the billing cycle
(due dates) prescribed by the Seller and in the amounts calculated using the attached Rate
Schedule, Exhibit A.
Service:
The Consumer acknowledges that this agreement services the entire parcel located at 240 Boat
Ramp Road, Vantage, Washington, 98950. Consumer certifies that the service requested will be
in the form of a 5/8" metered service utilized for commercial purposes, specifically cleaning
boats and other similar purposes for the Marine Unit of the Kittitas County Sheriff's Office,
maximum of 300 gallons per day.
Terms:
The Consumer agrees to pay Seller for service provided at the parcel, as consumption is
registered on the metering device or as a monthly minimum charge, in the event no usage is
recorded. If, in the opinion of the Seller, the metering device becomes faulty or inoperable, an
estimate will be charged based on past usage for the corresponding monthly period(s), until the
problem is corrected by the Seller.
Service billing shall commence when the metering device is installed and made available for use
by the Consumer. Monthly billings will be calculated using the latest revision of the Rate
Schedule in the UTC model tariff for Vantage Water System.
Bills for service provided shall be paid to Havilah, Inc., P.O. Box 1201, Vantage, WA 98950. late
charges will be assessed for any late or unpaid balance. If the Consumer fails to make
payments by the date specified, Seller reserves the right to discontinue water service after
having provided a disconnect notice in writing to the Consumer according to terms listed in the
UTC rules. A reconnect fee applies as scheduled in the UTC rules.
If, in the opinion of the Seller, fees, bills, penalties or other charges are deemed to be
uncollectable, they shall be filed as liens against the tax parcel to which the debt applies to the
extent allowed by law.
The Consumer agrees that during the terms in this contract, the Seller may adjust, revise or
amend the monthly minimum rate, the per-gallon rate, as well as the billing period, payment
policy, late fee schedule and reconnection fees, consistent with applicable County, State and
Federal regulations, as well as Washington State UTC Model Rules for small water systems,
subject to VWS modifications, copy of rules hereby attached and acknowledged.
Seller reserves the right to place restrictions on water usage at any time, especially in the
circumstances of water shortages, system capacity conditions, breakdowns and repairs, or as a
result of impositions by a governing authority, or third party.
Each business water service meter may only serve one business or residence. A business or
residence may not supply service to any other separate business or vacant lot, unless specific
written permission is granted by Seller.
Service may be interrupted at times. The duration of the outage will be dependent upon the
severity of the situation, whether it be caused by breakdown, shortage, pollution, regulation or
other acts beyond the control of the Seller. The assistance of a governing authority will be
sought in the event of an extended outage, such as but not limited to, power supply
interruption, earthquake, well went dry, etc.
Seller will diligently attempt to deliver water in compliance with current health standards.
Consumer shall hold the Seller free of liability and hold Seller harmless for any cause, including,
but not limited to, breakdown, shortage, pollution or damage. Consumer agrees to comply with
all governing codes, including those concerning construction, usage and cross-connection
control.
Consumer shall allow adequate room for access and repair of Sellers equipment and shall not
build or place any permanent structure in or around the area, so as to hinder repairs and
access. If Consumer damages the service or any of the Seller's equipment, the Consumer shall
be responsible for the damages. The water meter shall remain the property of the Seller. An
enclosure shall be provided and maintained by the Consumer, which will house and protect the
water meter. The enclosure shall be maintained free of all debris and refuse by the Consumer
and shall be packed with an insulating material so as to prevent freezing of the water meter and
any exposed water lines, but the face of the meter shall be left exposed to facilitate periodic
readings. Any and all water lines or equipment which lie within the Consumer's property,
except for the meter, are the responsibility of the Consumer.
Consumer shall make no alterations to Seller's equipment. Any alterations or damage to
Seller's equipment may cause disconnection of the water service until the alteration or repair is
corrected.
If the Seller brings suit against the Consumer for non-compliance with the provisions of this
agreement, and judgment is allowed by the courts, the Consumer agrees to pay all reasonable
attorney's fees, and all costs and expenses of such suit. Venue shall be as provided by RCW
36.01.050.
Connection Fee:
A connection fee in the amount of $3,500.00 dollars, plus applicable tax, shall become due and
payable upon acceptance of this application by the Seller. Disconnection of service due to
default of any terms ofthis agreement, by the Consumer, shall be subject to the full
reconnection fees as specified in the attached UTC model rules for service. Disconnection of
the service that is agreed to by both parties to this agreement shall be subject to a
reconnection fee that is mutually understood between the parties, prior to disconnect, and
based upon the reconnection fee schedule shown in the UTC rules of service.
This agreement shall be binding upon the Consumer named herein and any person(s) who the
Consumer allows to reside at, rent, lease or otherwise use the water service. In the event that
the Consumer passes the ownership or other legal control of the parcel to another party, the
new party must make application for water service under their name and pay any appropriate
fees adjudged by the Seller -all within thirty (30) calendar days of such ownership changed.
I, the undersigned, do attest that I am the legally recorded owner and lawful holder of the
above named parcel, and by my signature, do hereby agree to the terms and conditions stated
herein. I acknowledge that I have read this agreement, understand the terms and conditions
stated herein and have received a completed copy, including a copy of the Washington State
UTC model rules for water service.
~f;
(Prl ed name of Authorized signatory for ;?ift:-
ATTEST:
CLERK OF THE BOARD
Board of County Commissioners,
Kittitas County, Washington
(i?z-
Commissioner
APPROVED AS TO FORM :
FROM : FAX NO. 5098562802
Vantage Water System
.Exhibit A
~a.~£ Rate 0 -12,000 gallons/month
5/8 to 3/4 inch service base rate $37.S0/month
Apr. 03 2017 04:39PM Pi
UsageR~t e Rate/lOOO gallons
Over 12,000 gallons/month
Consumption per 1000 gallons
$ 1.50
$2.00