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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.
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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.
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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:
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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.
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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
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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
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EXHIBIT “A”
REAL PROPERTY DESCRIPTION