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25-100.00AvistaGasServiceExtensionFloraParkCrossCountryCIP#0361Job Location: 2520 N FLORA RD Dear Customer, GSA#: 60527 Enclosed are two copies of Avista's Natural Gas Service Extension Agreement for the above referenced property — one labeled "Avista Original" and the other, "Customer Copy". After you have carefully reviewed all documents, please sign and date the documents where indicated, and return the Avista Original with your money order, personal check, or cashier's check for the inital payment, in the envelope provided. Avista will schedule your job as soon as feasible pending: 1. Completion of all customer onsite work and/or other obligations, 2. Avista's receipt of its copy of the signed Agreement, 3. Avista's receipt of customer payment for the requested initial payment. If you prefer to remit your payment via credit card, please be advised that an additional processing fee will apply. Please contact an Avista Customer Service Representative at 1-800-227-9187 for additional information. If you request a copy of the fully executed Agreement one will be sent to you. Please feel free to contact me if you have any questions regarding this matter or if I can be of any further assistance. Sincerely, 3r i iU,i 'M11.1 Robb Koschalk Spokane - Gas 2406 N Dollar Rd, MSC-60 Spokane Valley WA 99212 Phone: 509-495-2034 Cell: Email: Robb.Koschalk@avistacorp.com Page 1 of 17 Run Date: May 9, 2025 #25-100 Avista Corp. East 1411 Mission Ave. Spokane, WA 99202 Property:2520 N FLORA RD Natural Gas Service Agreement (For Commercial Properties - WA) /ilW _ , rllrVISTA' CUSTOMER COPY GSA No.: 60527 Job No.: 1036398651 This Natural Gas Service Extension Agreement ("Agreement") is entered into between Avista Corporation, a Washington corporation ("Avista"), and ("Customer") (sometimes, individually, a "Party", and collectively, the "Parties") for. Background and Purpose. Customer wishes to have Avista extend natural gas distribution services to the real property described in Exhibit A, attached hereto (the "Property"). The purpose of this Agreement is to set forth the scope and terms of that natural gas service extension, together with the respective obligations of the Parties. Therefore, the Parties agree as follows: Section 1 Natural Gas Service Extension 1.1 Avista will extend natural gas service, including service piping and/or main extensions and all associated equipment and facilities ("Natural Gas Service") to the Property. The extension of Natural Gas Service to the Property shall be in accordance with Avista's "Natural Gas Extension Policy" (Schedule 151), as on file with the applicable state commission. 1.2 So long as any pre -construction obligations, site preparation and finishing work that Customer is required to perform has been completed, Avista will make every reasonable effort to commence the extension of Natural Gas Service to the Development within thirty (30) days of execution of this Agreement; provided, however, that Avista will not commence such an extension until Developer has complied with all requirements of this Agreement. 1.3 Avista shall retain ownership of the Natural Gas Service throughout the term of this Agreement and thereafter. This Agreement will become effective when executed by both Parties. If this Agreement is not executed prior to the Expiration Date set forth below, then the offer contemplated by this Agreement is deemed automatically revoked. Notwithstanding anything to the contrary herein, this Agreement will automatically terminate and be of 1.4 no further force and if, through no fault of Avista, Avista has been unable to commence the work contemplated to be performed under this Agreement effect prior to the twelve (12) month anniversary of the Expiration Date. In the event that this Agreement automatically terminates as provided herein, Avista shall refund all amounts paid by Customer less any actual costs incurred by Avista arising out of or related to this Agreement. Section 2 Compensation 2.1 Natural Gas Extension Costs Customer acknowledges and agrees to assume full responsibility for one hundred percent (100%) of the actual costs associated with extending Natural Gas Service to the Property. The Estimated Construction Contribution costs set forth in Exhibit A represent the estimated costs related to this extension, as determined in accordance with the Applicable Tariffs. Before Avista commences any work associated with the Natural Gas Service extension, Customer shall pay to Avista the Initial Deposit specified in Exhibit A. This Initial Deposit is collected to secure Customer's commitment to the gas line extension to the Property and to cover the initial expenses for the extension. Customer shall also be responsible for, and within ten (10) days of demand compensate Avista for, any additional exceptional costs encountered during construction and/or costs resulting Page 2 of 17 Avista Work Order No.: 1036398651 Avista Corp. East 1411 Mission Ave. Spokane, WA 99202 from changes requested by the Customer. The actual costs for the Natural Gas Service extension will be calculated by Avista upon completion of the extension, and thereafter Avista will provide Customer with a final invoice reflecting the actual costs for the extension and the final balance to be paid by Customer. The final balance will account for the total actual costs associated with the Natural Gas Service extension to the Property, less the Initial Deposit and all other payments made by Customer to Avista in connection with the Natural Gas Service extension. The final balance will be due and payable to Avista within thirty (30) days of the date of the final invoice. If the Initial Deposit and all other payments made by Customer exceed the actual costs of installing the Natural Gas Service, then Avista will refund the difference to Customer within thirty (30) days of the date of the final invoice. Any advances required of Customer, and any available refunds of the same, shall also be determined in accordance with the Applicable Tariffs. 2.2 Pre -Construction Obligations 2.2.1 As a condition of commencing the extension of Natural Gas Service, Customer may be required to advance to the Company a sum equal to 12 minimum monthly payments for natural gas service. If Customer is required to make such an advance, said amount shall be applied as a credit to Customer's natural gas account for the 12 months beginning with the first meter reading after Natural Gas Service is made available. 2.2.2 In addition to the Natural Gas Service extension costs, Customer may be responsible for certain pre - construction obligations. In the event Customer is responsible for any such pre -construction obligations, such cost responsibilities will be described in Exhibit A, attached hereto. This non- refundable cash payment must be made to Avista prior to the extension of the Natural Gas Service. 2.2.3 If identified in Exhibit A, Customer shall be required to provide all trenching, Sch. 40 yellow conduit, backfill, and padding as required to meet Avista's specifications. At Avista's sole option, Sch. 40 yellow conduit may be provided by Avista. The location of said trenching shall be the responsibility of the Customer. Page 3 of 17 Avista Work Order No.: 1036398651 Avista Corp. East 1411 Mission Ave. Spokane, WA 99202 'dArVIS � CUSTOMER COPY 2.2.4 Any work described in this Section or in Exhibit A and performed by Customer, or a third party on behalf of Customer, must meet Avista's specifications, pass Avista's inspection and be coordinated with Avista's scheduled work. Section 3 Customer's Responsibilities 3.1 Customer shall notify Avista in writing and in advance of the addition of any natural gas load in order to allow Avista adequate time to make any necessary modifications to the Natural Gas Service and to calculate any additional costs for which Customer shall be responsible. In the event Customer fails to provide Avista with the required written notice and Avista's facilities are damaged as a result of Customer's increased load, the expenses associated with the repair of any damaged facilities shall be Customer's sole responsibility. 3.2 By signing this Agreement, Customer authorizes Avista to proceed with any work necessary on the Property to accomplish the installation of the Natural Gas Service. This includes, without limitation, the right to remove or otherwise disturb improvements on the Property, including lawns, shrubs, landscaping, driveways and sidewalks, for the purpose of installing, maintaining or removing the Natural Gas Service, and without any obligation to restore or reimburse Customer for any resulting damages. 3.3 Customer acknowledges that, in the event Customer requests that Avista install the Natural Gas Service during adverse ground/construction conditions ("Adverse Conditions"), including, without limitation, frozen ground due to winter weather, blasting, and excavation costs, Customer will be responsible for the repair of landscaping and all other costs resulting from Adverse Conditions, whether known or unknown; presently known exceptional costs are identified on Exhibit A. 3.4 Customer acknowledges and understands that they are responsible for any damage to underground facilities that are not exposed by Customer, including, but not limited to, sprinkler systems, sewer lines or other underground piping or wiring. 3.5 Customer is required to notify Avista in any instance where Customer determines that construction or improvements on the Property may encroach on, or cross over, Avista's facilities prior to commencing said activities. Customer shall be responsible for all costs related to subsequent relocation of any Avista facilities necessitated by such encroachment. 3.6 Customer shall not sell, or permit others to use, Natural Gas Service except when expressly authorized to do so under an appropriate written agreement with Avista. Page 4 of 17 Avista Work Order No.: 1036398651 Avista Corp. East 1411 Mission Ave. Spokane, WA 99202 - llm A STA CUSTOMER COPY Section 4 Underground Locates Prior to performing any required excavating work in relation to this Agreement, Avista and/or Customer shall utilize the state -mandated one -call service to mark the location of other entities' underground utilities in the Property. When this Section is applicable Avista, Avista will notify Customer in advance of such excavation and make every reasonable effort to avoid or minimize any dislocation of improvements on the Property. However, Customer is responsible for identifying or exposing any underground facilities not located by Avista prior to Avista installing the Natural Gas Service. In the event Customer fails to identify or expose any underground facilities, Customer will be solely responsible for any damage caused to such facilities, including, but not limited to, the cost to repair such facilities. Section 5 Easements and access to Property Customer grants Avista a perpetual right of ingress, egress and access over and across the Property to install, operate, inspect, replace and maintain the Natural Gas Service. Upon request by Avista, Customer shall grant, convey and warrant to Avista a perpetual, non-exclusive easement on, over, under, along and across the Property that ensures Avista's right to construct, reconstruct, operate, maintain, upgrade, repair, remove, relocate and replace the Natural Gas Service and all related appurtenances. Such easement shall be in a form satisfactory to Avista and at no cost to Avista. In the event Avista is required to secure any additional easements or permits in order to install or maintain the Natural Gas Service under this Agreement, Customer shall reimburse Avista for the actual costs applicable for securing such easements and permits. Section 6 Mutual Indemnification Each Party shall indemnify and defend the other Party, their directors, officers, employees and agents (collectively, "Indemnitees") from all claims, demands, suits losses, costs, and damages of every kind or nature, including attorney's fees (collectively, a "Loss") resulting from, arising out of, or in any way connected with any willful misconduct or negligence by the indemnifying Party or its invitees, contractors, directors, officers, employees and agents. In the event that any such Loss is caused by the negligence of both Parties, the Loss will be borne by the Parties in proportion that their respective negligence bears to the total negligence causing the Loss. Section 7 Party Representatives and Notices 7.1 Avista's Representative, as identified on Exhibit A, will be the point of contact for Avista in all matters requiring Avista's approval under this Agreement. 7.2 All notices, demands, requests, or other communications under this Agreement must be in writing and sent by mail (postage prepaid), or delivered to the other Party either electronically or by a recognized commercial courier, addressed as set forth in Exhibit A. Such notices, demands, requests and other communications will be deemed given as of the date delivered, or, if sent electronically or by mail, upon receipt. Page 5 of 17 Avista Work Order No.: 1036398651 Avista Corp. East 1411 Mission Ave. Spokane, WA 99202 IN 'A001 % ISTAK CUSTOMER COPY Section 8 Miscellaneous Provisions 8.1 Natural Gas Service. Any receipt and use of natural gas service shall be expressly conditioned upon, and subject to, the applicable Tariffs, as on file with the Applicable state commission. 8.2 Entire Agreement. This is the entire Agreement between the Parties with respect to the subject matter hereof. No other understandings, oral or otherwise, regarding the subject matter of this Agreement will bind the signatories to this Agreement unless agreed to by both Parties in writing. 8.3 Survival. Any provision of this Agreement which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Agreement will survive the completion, termination, or cancellation of this Agreement. 8.4 Severability. The invalidity or unenforceability of any provision of the Agreement will not affect any other provisions; the Agreement will be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.5 Amendments/Modifications. Any amendment or modification to the provisions of this Agreement will not be effective unless made by written amendment executed by both Parties. 8.6 Third Party Beneficiaries. Nothing in this Agreement is intended to confer any right or benefit on a person or entity not a Party to this Agreement, or impose any obligations of either Party to the Agreement on persons or entities not a Party to this Agreement. 8.7 Waiver of Provisions. The failure of a Party to insist upon or enforce performance of any of the provisions or to exercise any rights under the Agreement will not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions or rights in that or any other instance; rather, the same will be and remain in full force and effect. 8.8 Negotiation of Agreement. This Agreement, and each of the terms and provisions hereof, are deemed to have been explicitly negotiated, and the language in all parts of this Agreement shall, in all cases, be construed according to their fair meaning and not strictly for or against either Party. 8.9 Governing Law, Venue, and Attorney's Fees. This Agreement will be construed and interpreted in accordance with the laws of the State in which the Development is located, excluding any choice of law rules. In the event of any action to enforce or interpret this Agreement, the prevailing party shall be entitled to an award of its reasonable costs and attorney's fees. Page 6 of 17 Avista Work Order No.: 1036398651 Avista Corp. East 1411 Mission Ave. Spokane, WA 99202 8.10 Effectiveness. This Agreement is effect on the date of the last signature below. /11v� _ .li1't�/ISTA" CUSTOMER COPY Electronic Signatures.Each party agrees that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic 8.11 signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures. This Agreement has been signed by each Party's authorized representative on the date(s) set forth below. Avista Corporation R.t-Jb Kmdw lk (Signature) Robb Koschalk (Printed Name) (Title) 5/9/2025 (Date Signed) Please Remit to Avista Utilities Spokane- Gas 2406 N Dollar Rd, MSC-60 Spokane Valley WA 99212 Cty Of Spokane Valley agnature) John 'Hohman (Printed Name) City Manager (Title) 5 It z� (D# Si d) Page 7 of 17 Avista Work Order No.: 1036398651 I. CUSTOMER INFORMATION CUSTOMER, who is a(n): OWNER Name: City Of Spokane Valley Mailing Address: C/O ACCOUNTS PAYABLE 10210 E SPRAGUE AVE SPOKANE VALLEY, WA 99206 Phone Number: (509) 720-5000 H. JOB INFORMATION Located At: 2520 N FLORA RD Name of Plat: or Legal Description: or Location: SPOKANE Estimated Construction Contribution Scale: III. ESTIMATED CONSTRUCTION CONTRIBUTIONS CUSTOMER NAME: MAILING ADDRESS ESTIMATED CONSTRUCTION CONTRIBUTIONS City Of Spokane Valley C/O ACCOUNTS PAYABLE 10210 E SPRAGUE AVE SPOKANE VALLEY, WA 99206 EXHIBIT (A) CUSTOMER COPY Bill Type: WORK ORDER# 1036398651 GSA GSA Type Length Rate Per Ft Fixed Rate Totals Electrofusion Coupler - 2in PE 0 $0.00 $378.62 $378.62 Main - Cust Ditch - 2in PE 400 $9.34 $0.00 $3,736.00 Misc-See Note MATERIALS 0 $0.00 $626.22 $626.22 SHADING w/ NATIVE /Yard 15 $36.92 $0.00 $553.80 GSA - Total TOTAL CONSTRUCTION COSTS $5,294.64 TOTAL CREDITS $0.00 NET CUSTOMER COST $5,294.64 Initial Deposit requested in the amount of $ . When paid will be reduced from Net Customer Cost. These costs are estimates only and are effective through Nov 9, 2025 provided that the scope and character of the work do not change. Additional exceptional costs encountered during construction and/or changes requested by the customer will be borne by the customer. The maximum amount available for refund per the W.U.T.C. Schedule 151 is Maxrefund. Send Notices to: Avista Gas Attn: Rob Koschalk 2406 N Dollar Rd, MSC-60 Spokane Valley WA 99212 City of Spokane Valley Parks and Recreation Department Attn: Director of Parks and Rec 10210 E Sprague Ave Spokane Valley, WA 99206 Page 8 of 17 Run Date: May 9, 2025 EXHIBIT (A) CUSTOMER COPY IV. SPECIAL PROVISIONS Customer's Responsibilities UNLESS SPECIFIED BELOW IN SECTION V, CUSTOMER WILL BE RESPONSIBLE FOR THE FOLLOWING CONDITIONS: 1.1 Customer warrants that, prior to the start of construction, the grading is or will be within six inches (6") of final grade. The cost of future changes to Avista's gas facilities to accommodate location or grade changes will be borne by Customer. 1.2 Customer shall not make any changes in location of structures, streets, driveways, sidewalks, alleys or other paved areas shown in any drawings (incorporated into this Agreement by this reference) prepared in anticipation of the work applicable under the Agreement, nor pave any such areas until Avista has installed any necessary underground facilities. 1.3 Customer shall be responsible for complying with all final compaction requirements and codes. V. EXCEPTIONS GSA #: 60527 Page 9 of 17 Run Date: May 9, 2025