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HomeMy WebLinkAboutWater Metering Agreement Water Metering Agreement - Page 1 of 7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Name: ____________________________ Address: ____________________________ ____________________________ (Space above this line is for Recorder’s Use) Step 3c: KITTITAS COUNTY PUBLIC HEALTH DEPARTMENT WATER METERING AGREEMENT This Water Metering Agreement (the “Agreement”) is made and entered into by and between ____________________________ (the “Owner”) and the County of Kittitas, a municipal corporation of the State of Washington acting by and through the Kittitas County Public Health Department (the “County”), sometimes referred to herein jointly as “Parties” or individually as “Party”. Recitals WHEREAS, Owner is the owner of, or has an interest in, certain real property (the “Property”) located in Kittitas County, Washington, with a parcel number and/or address of: Parcel Number: _________________________________________ Address: _________________________________________ _________________________________________ and as more fully described on the attached Exhibit “A” and incorporated by this reference; and WHEREAS, Owner intends to extract groundwater from a mitigated well or wells (the “well”) located on the property; and WHEREAS, the parties desire to provide for the metering of each well through the installation of a water-measurement device (the “water meter”) to measure the Owner’s mitigated water usage; and NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Purchase and Installation. Owner shall install a water meter in accordance with the County’s requirements for the Kittitas County Mitigation and Metering Program, including but not limited to, Kittitas County Code (“KCC”) 13.40.030. Water Metering Agreement - Page 2 of 7 2. Installation Cost Reimbursement. Owners may submit a written invoice to KCPHD requesting reimbursement of the costs associated with installation of the water meter provided by KCPHD. Installation costs include the fees paid for professional installation or the fees associated with self- installation. For self-installation, please include the amount of time required to complete the install and the proposed hourly rate for the work (can use the industry standard rate for comparable work). Costs are not expected to exceed $750.00. In the rare event costs do exceed $750.00, additional supporting documents may be required before the costs can be approved for reimbursement. Invoices should be submitted within 60 days of installation and should include any applicable supporting documentation, such as, self-reported time spent on install or receipts/invoices from a professional. 3. Repair and Maintenance. Cost of installation of failed meters or failed meter registers will be reimbursed by Ecology during the entirety of the Pilot Project. Owner shall notify the County if the water meter becomes damaged or requires replacement. In the event that Owner fails to ensure proper water meter functionality, the County shall perform the necessary maintenance, repair, or replacement of the water meter at the cost of the Owner. 4. Water Meter Reading. The County shall monitor and analyze water usage data at least once during each of the following months: March, July, August, September, and October. 5. Ingress and Egress. Owner hereby grants to the County or designee an irrevocable license for ingress and egress across the property, and shall make provision for access to the property by County personnel, for the purpose monitoring and analyzing water usage data from each water meter on the property, performing maintenance, repair, or replacement of the water meter, and ensuring compliance with the terms of this agreement. 6. Site Conditions. Owner shall maintain the property in a manner to allow safe, reasonable access by County personnel to all water meters with or without prior notice, during regular County business hours, or at any time in the case of emergency. 7. Billing. The County shall provide to Owner a billing statement for payment of fees set by the Kittitas County Public Health Department fee schedule. 8. Unpaid Fees. Owner understands and agrees payments not received within 30 days of billing by the Kittitas County Public Health Department shall be delinquent and may incur a 10% late fee, accruing an additional 10% on the unpaid balance every 30 days thereafter. If payment is not made within 90 days, the department may terminate this agreement and/or attempt to recover payment through a collections agency. 9. No By-Pass. Owner shall not by-pass the water meter or take any action which would affect the accuracy of the domestic use water meter readings or the proper functionality of the water meter. 10. Non-Compliance. Failure to comply with the terms of this agreement shall be cause for termination of this agreement and for collection of any delinquent amounts due the County. Water Metering Agreement - Page 3 of 7 11. Data Collected. Owner agrees that the County shall have the right to collect, monitor, analyze, and disseminate data on mitigated water usage for the purposes of evaluation and analysis. Mitigation and metering data will be provided to the Washington State Department of Ecology and the Water Transfer Working Group. 12. Agreement as Covenant Running With the Land. This Agreement and the covenants contained herein shall be construed as running with the land, and shall be fully binding on all successors, heirs, and assigns of the Owner who acquire any right, title, or interest in or to the property, or any part thereof. Any person who acquires any right, title, or interesting in or to the Property, or any part thereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement. 13. Recording. Upon execution by the parties, Owner shall cause this agreement to be recorded in the real property records of the office of the Kittitas County Auditor. 14. Indemnity. The Owner agrees to and shall defend, indemnify and hold harmless the County, its successors and assigns, appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its successors and assigns, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, damage to the property, including loss of use thereof, the water meter, other property damage or harms for which recovery of damages is sought by any person or persons whether such injury to persons or damage to property is due to the negligence of the Owner, it’s employees or agents, except only such injury or damage as shall have been occasioned by the sole negligence of the harmless the County, its successors and assigns, appointed or elected officials, agents, or employees. 15. Notices. All notices, requests, demands, correspondence, and other communications to the respective parties of this Agreement shall be in writing and shall be deemed to have been duly given on the date personally served or within three (3) days after the date of mailing, if mailed, by first-class mail, registered or certified, and addressed to the address set forth below: Water Metering Agreement - Page 4 of 7 For the County: Public Health Department Attn: Water Metering Program 507 N Nanum St., Suite 102 Ellensburg, WA 98926 For the Owner: __________________________ __________________________ __________________________ 16. Legal Compliance. The Owner shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, including but not limited to, KCC Title 13. 17. Severability. If any term or condition of this agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this agreement are declared severable. 18. Entire Agreement. This agreement, including the recitals, section headings, and attached exhibit constitutes the entire agreement of the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. 19. Amendment. No modification, change of terms, or amendment of this agreement shall bind either party unless in writing and signed by both parties. 20. Assignment. No portion of this agreement may be assigned to any other individual, firm or entity without the express and prior written approval of the County. 21. Waiver. Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 22. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kit titas. This agreement shall be governed by the law of the State of Washington. IN WITNESS WHEREOF, the parties have executed this agreement on the following two (2) signature pages on the dates as indicated, and hereby acknowledge that the parties have read this agreement, understand it, and agree to be bound by its terms and conditions. Water Metering Agreement - Page 5 of 7 SIGNATURE PAGE: FOR THE COUNTY __________________________________ Kittitas County Public Health Department Dated: _____________________ STATE OF WASHINGTON ) ) ss. COUNTY OF KITTITAS ) I certify that I know or have satisfactory evidence that ___________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Subscribed and sworn/affirmed to before me this this ____ day of __________________, 201_. (Notary Seal) _______________________________________ Notary Public in and for the State of Washington Residing at Water Metering Agreement - Page 6 of 7 SIGNATURE PAGE: FOR THE OWNER __________________________________ Signature __________________________________ Printed Name Dated: _____________________ STATE OF WASHINGTON ) ) ss. COUNTY OF KITTITAS ) I certify that I know or have satisfactory evidence that ___________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Subscribed and sworn/affirmed to before me this this ____ day of __________________, 201_. (Notary Seal) _______________________________________ Notary Public in and for the State of Washington Residing at Water Metering Agreement - Page 7 of 7 EXHIBIT “A” REAL PROPERTY DESCRIPTION