6137050 Agreement, Water Servicer- -Ie
10/10/2012 03:52:12 PM 6137050
Recording Fee $76.00 Page 1 of 5
Agreement GOVERNMENT, CITY OF SPOKANE VALLEY
Spokane County Washington
RETURN NAME and ADDRESS
Christine Bainbridge, Spokane Valley City Clerk
11707 E. Sprague Avenue, Suite 106
Spokane Valley, Washington 99216
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Document Title(s)
Temporary Water Service Agreement with Water District No. 3
Reference Number(s) of Related Documents
Grantor(s) (Last Name, First Name, Middle Initial)
First Party: City of Spokane Valley
Grantee(s) (Last Name, First Name, Middle Initial)
Second Parry: Spokane County Water District No. 3
Legal Description (Abbreviated form is acceptable, i.e. Section/Township/Range/Qtr Section or Lot/Block/Subdivision)
West of the GAETWAY PROJECT site on the south side of Appleway Boulevard
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Assessor's Tax Parcel ID Number
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Date /() —f () 20
Spokane County Treas.
By '�_w
TEMPORARY WATER SERVICE -AGREEMENT
BETWEEN THE CITY OF SPOKANE VALLEY
AND SPOKANE COUNTY WATER DISTRICT NO.3
FOR THE PROVISON OF IRRIGATION WATER "SERVICE
TO THESPOKANE VALLEY GATEWAY PROJECT
WHEREAS, as a part of its General Improvement Program, the CITY OF
SPOKANE VALLEY (the CITY) intends to construct the Spokane Valley
Gateway Project (the GATEWAY PROJECT). The work :includes the installation
of a "Welcome to Spokane Valley" monument sign and associated
landscaping consisting of grass, shrubs and trees; and
WHEREAS, this landscaping will require a supply of irrigation water to promote,
maintain and enhance the growth of the grass, shrubs and trees; and
WHEREAS, the CITY and SPOKANE COUNTY WATER DISTRICT NO. 3 (SCWD #3)
agree that the installation of an irrigation water service for the GATEWAY
PROJECT would benefit the ratepayers, taxpayers and the traveling public;
NOW, THEREFORE, the CITY and the SCWD #3 do hereby agree as follows:
ARTICLE 7 RESPONSIBILITY OF CITY
1. The CITY will pay to the District all applicable water meter
installation and connection fees for one (l) new one (1) inch
irrigation water meter service. Water meter installation fees are the
average actual cost of the installation for a one (1) inch water
meter service as experienced by the District. Connection charges
include the water distribution system costs for acquisition,
construction, installation, and maintenance of each connection.
These fees shall be in the amount regularly charged by the District
(currently $3,100.00 for each one (1) inch irrigation water meter
installation fee plus $3,600.00. for each one (1) inch connection fee
totaling $6,700.00).
2. Any restoration of asphalt, concrete, curb, gutter, sidewalk, etc.
removed during the installation of the (1) inch irrigation water meter
shall be performed by the CITY.
3. The CITY shall install and maintain a new irrigation service line east
from this location to the GATEWAY PROJECT site within an existing
border easement and . public right -of -way.
ARTICLE 2 - RESPONSIBILITIES OF SCWD #3
1. The District, upon receipt of these fees, will cause the installation of
one (1) "temporary" irrigation water meter service within the right -of-
way and /or border easement of Appleway Boulevard. near the
existing fire hydrant. This location ;is west of the GATEWAY PROJECT
site on the south side of Appleway Boulevard.
2. The District will supply water through this "temporary" service for one
(1) one (1) inch irrigation water service only; and shall be metered
and charged in accordance with rates regularly charged by the
District. Any other use of this water service, through any means., will
automatically revoke this agreement and may result in the
termination of water service.
3. In the event that the construction, of a water main in Appleway
Boulevard shall be required in order to provide a "permanent"
public water service to this GATEWAY PROJECT site, the CITY hereby
agrees that it will .pay its proportionate share of the costs associated
with the .construction of this water main and further agrees to
dedicate appropriate easements to SCWD #3 for purposes of
installing and maintaining the water main. The parties agree that
the CITY will not be responsible for such costs if it discontinued water
service to the GATEWAY PROJECT site as soon as or before the
District constructed the permanent water main.
(a) The District will notify the CITY (their successors or
assign.) in writing; that "permanent" water service is
required for this GATEWAY PROJECT site. The District
assumes that the temporary water service line will be
adequate as long as the CITY's proposed use remains
the same. "Permanent" water service will -be required
only where the water use of existing neighbors or the
CITY change in such a way as to require a higher water
demand than the current use.
(b) The District will disconnect the "temporary' water meter
service to the GATEWAY PROJECT site, which is the
subject of this Agreement, and will "permanently'
reconnect the water meter service to the new water
main. The cost of such disconnection and
reconnection to be borne by the CITY and reimbursed
to the District.
(c) The CITY shall also reconnect their irrigation service line
(at their sole expense) to the permanent irrigation
water meter service, if the CITY continues water service
after the District constructs the permanent water main.
ARTICLE 3 - DURATION
1. This Agreement is for an indefinite duration, until such time as the
events described above transpire.
2. Any claim, controversy or dispute arising out of this Agreement shall
be settled by arbitration in accordance with the applicable rules of
the American Arbitration Association, and judgment upon the
award rendered by the arbitration may be entered in any court
having jurisdiction thereof. The arbitration shall be conducted in
Spokane County.
ARTICLE 4 - APPROVAL
This Temporary Water Servicp Agreement was approved by the City of Spokane
Valley City Council on e //, 2012 and by the Spokane County
Water District No. 3 Board of Commissioners on June 26, 2012.
CITY OF SPOKANE VALLEY:
Date:
City
APPROVED AS TO RM:
By: - Date: �9 �Z-
Office the Ci tto y
SCWD #3:
Ty Wic
Gene* I 4anager, Spokane County Water District No. 3