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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 Please Type or Print Neatly and Clearly All Information 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 ``� Assessor's Tax Parcel ID Number The County Auditor will rely on the information provided on this form. The Staff will not read the document to verify the accuracy and completeness of the indexing information provided herein. Sign below only if your document is Non - Standard. I am requesting an emergency non - standard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non - standard processing is $50. Signature of Requesting Party R. E. Excise Tax Exempt 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