Chapter 6.05 SERVICE AGREEMENTS

Chapter 6.05
SERVICE AGREEMENTS

Sections:

6.05.010 Water application form.

6.05.020 Temporary service agreement.

6.05.030 Annexation agreement.

Appendix A Application and agreement for water service.

Appendix B Temporary service agreement.

Appendix C Annexation agreement.

6.05.010 Water application form.*

An application and agreement for water service in the form attached to the resolution codified in this section as Exhibit A is hereby adopted. [Res. 1998-3-10.]

* Code reviser’s note: Appendix A of this chapter sets out the current version of the application and agreement for water service. This is not the version adopted by Resolution 1998-3-10.

6.05.020 Temporary service agreement.

The board of commissioners of Cross Valley Water District hereby adopts the form of temporary water service application and agreement and covenant running with the land set out in Appendix B of this chapter and incorporated herein by this reference. [Res. 1990-5-4.]

6.05.030 Annexation agreement.

The board of commissioners of Cross Valley Water District hereby adopts the annexation agreement set out in Appendix C of this chapter and incorporated herein by this reference. [Res. 1991-3-7.]

Appendix A Application and agreement for water service.

CROSS VALLEY WATER DISTRICT

Application and Agreement for Water Services

TERMS and CONDITIONS

The Applicant/Property Owner/Builder, (“Applicant”), whose signature appears on this form hereby makes application for water service to Cross Valley Water District, (“District”). In consideration of the District’s agreement to furnish water service, the Applicant agrees to abide by all District rules and regulations and to pay the charges as set by resolution of the Board of Commissioners.

If Applicant fails to pay water service billings when due, or if the regulations of the District are in any way violated, the District may disconnect the water service at the Applicant’s expense. It is agreed that in case of the supply of water is interrupted or fails by reason of accident, or any other cause, the District shall not be liable for damages resulting from such interruption or failure, nor shall the same be held to constitute a breach of contract on the part of the District. Applicant will be responsible for any damages caused by Applicant or its agents to the District’s lines, including but not limited to, mainline, services, meters and meter boxes. Applicant shall be billed for and shall pay the cost of damage repairs. Any District invoice for such damage not paid within thirty (30) days of the invoice shall be delinquent and a penalty of 10% of the delinquent amount shall be added to the account balance. Further, District shall have the right to terminate water service in the event such invoice is not paid within thirty (30) days.

OWNERSHIP: All connections up to and including the meter and meter box shall remain the property of the District; the service line from the meter to the building or residence served shall remain applicants property.

UNOBSTRUCTED METER: The Applicant agrees not to obstruct access to the meter for reading, repair or service in any manner; if Applicant fails to remove any obstruction to the meter within 30 days of notice from the District, District may remove such obstruction and shall bill Applicant for its time and expenses as provided above.

WATER PRESSURE: The District’s system has been designed to provide normal static water pressure between approximately 30 and 175 pounds per square inch (PSI), measured at the water meter. The Applicant assumes the responsibility to determine the exact water pressure at the meter, and to consider possible unanticipated pressure surges. Where pressure exceeds 80 PSI, whether static pressure or unanticipated pressures surges in the system, it is the Applicants responsibility to install at Applicant’s cost an appropriate type of pressure regulator with strainer. (Reference: Current Edition of the Uniform Plumbing Code). If Applicant desires higher pressure than is provided, it is the Applicant’s responsibility to install the facilities necessary to achieve the desired pressure. The District shall use its best efforts to ensure safe and adequate pressure in the mains, but shall not be held liable for damage resulting in the negligence of the Applicant in failing to provide reasonable safeguards for their own property.

CROSS CONNECTIONS: The Applicant hereby agrees to comply with all State and District regulations and as such regulations may be modified and revised regarding cross connections.

NO SUBSEQUENT CONNECTION: Applicant agrees that the water service may not be furnished to other than the dwelling or building identified to the District as the serviced property at the time of this application.

SERVICE CHARGES: Billing for service charges shall commence for all serviced units effective the date of installation of a water meter, regardless of occupancy. Title 57 of the Revised Code of Washington allows unpaid water charges of every description to be filed priority lien against the serviced property. The Applicant, if a builder, shall be deemed to be the agent of the property owner. Where the serviced property is for sale, the Applicant shall give notice to the buyer the terms of this contract, by providing the buyer a copy of this agreement.

IT IS THE RESPONSIBILITY OF THE APPLICANT TO ADVISE THE DISTRICT OF ANY CHANGES IN OWNERSHIP AND/OR PROPOSED BILLING ADDRESS.

SIGNATURE ______________________

DATE ____________

Appendix B Temporary service agreement.

TEMPORARY WATER SERVICE APPLICATION AND AGREEMENT AND COVENANT RUNNING WITH LAND

THIS AGREEMENT is made and entered into this ____ day of ________, 20__, by and between ______________________ _________, their heirs, successors and/or assigns, hereinafter referred to as “Owners,” and CROSS VALLEY WATER DISTRICT, a municipal corporation, of Snohomish County, Washington, hereinafter referred to as “District.”

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, it is agreed by the parties hereto as follows:

1. Owners are owners of real property situated in Snohomish County, Washington, described as follows: ________________ _________________________________ _________________________________ _________________________________ ____________________ hereafter called the “Real Property,” which Real Property is hereby encumbered with the covenants described herein, which covenants shall be deemed binding upon the Real Property, its owners, and Owners’ heirs, successors, devisees and assigns.

2. Owners desire to obtain temporary water service from District to the Real Property until improvements are installed that will provide regular water service to the boundary line of the Real Property. District is agreeable to contracting with said Owners for the providing of temporary water service on the terms and conditions set forth herein by permitting Owners to install a water line from Owners’ Real Property and to connect to District’s existing water lines at:

______________________________

Said water service will be authorized by District at said connection point temporarily until improvements are installed at a location that will benefit and provide regular water service permanently to the boundary line of the Real Property.

3. Approval of temporary water service is subject to the sole discretion of the Board of Commissioners of District and may be granted following a determination that:

a. The Real Property for which a temporary service is requested is within the boundary of District.

b. The Real Property is within 900 feet of a water main.

c. The Real Property is not part of a formal plat, short plat, or a large tract segregation.

d. The water will be used for one single-family residential unit only.

4. Owners shall pay the following fees to District:

a. General portion of District’s connection charge $_______

b. Front footage charges for estimated cost of permanent water facilities $_______

c. Meter installation charge $_______

5. Owners agree that water service is subject to the following terms and conditions:

a. Owners shall pay for water at District’s current rate, as it is changed from time to time.

b. It shall be the responsibility of Owners to obtain any easements which are required for the service line from the meter to the Real Property and to furnish, at the expense of Owners, title insurance for said easement, if so requested by District.

c. Owners will cause to be constructed by a licensed contractor, in accordance with plans prepared by or approved by engineers for the District, the water line, and all appurtenances thereto from Owners’ Real Property to the connection point above specified, and shall pay any and all permit costs for work on any public roads, and shall notify District when said construction of water facilities is taking place so that proper inspections can be made thereof by District personnel or engineers. Owners shall pay all costs of construction thereof, permit fees, engineering costs, restoration costs, inspection fees incurred by District, and all other costs and expenses incurred directly or indirectly in making said connection or that District may incur in planning, inspecting, supervising, enforcing and administering this contract.

d. When permanent water facilities are installed that provide service to the Real Property, Owners shall connect to said permanent water facilities and shall pay all the costs for relocating the water meter and shall relocate the service line from the meter to the Real Property. The front footage charges collected by District will be used to pay for the Real Property’s share of the construction cost of the permanent water facilities. Permanent water facilities shall be defined as water mains and appurtenances designed and installed per the then current standard specifications, comprehensive plan, and resolutions of District.

e. Owners acknowledge that water service may be terminated by District in the event Owners fail to pay the District’s water service charges or other charges due to be paid to the District in accordance with the District’s resolutions.

f. Owners acknowledge that they have been advised that this is a Temporary Service Agreement. Initials _

g. This Agreement shall be null and void at the option of District, its successors or assigns, in the event of a change in ownership or interest in the Real Property, unless the subsequent owner or interest holder acknowledges in writing, prior to said transfer that water service is being furnished on a temporary basis.

h. Owners agree to abide by all resolutions, rules, regulations and policies of District as now in effect or as may be hereafter adopted or revised.

6. In the event that a Water Utility Local Improvement District is hereafter formed by District, which would include the Real Property either by resolution, or by petition, Owners agree not to protest the same and agree to execute any petition for a Water Utility Local Improvement District that includes the Real Property, or any portion thereof. In addition, Owners agree to connect to the water improvements constructed and installed pursuant to the creation of said Utility Local Improvement District at Owners’ expense, and shall pay all costs for relocating the water meter and shall relocate the service line from the meter to the Real Property. In the event Owners short plat or subdivide the Real Property after installation of the temporary water service permitted pursuant to this Agreement, and a Utility Local Improvement District is formed which includes the Real Property, the District shall levy assessments against the additional lots created pursuant to such subdivision and Owners agree not to protest said assessments or object to such assessments on the basis that water service has already been provided to the Real Property, or a portion thereof.

7. In the event permanent water facilities are installed which will provide water service to the boundary line of the Real Property either by the District or by a developer pursuant to a developer extension contract with District, Owners will connect to the permanent water facilities. Owners shall pay all costs for relocating the water meter and the service line from the meter to the Real Property.

8. Owners do hereby constitute any designated agent of District as the agent and attorney-in-fact for and on behalf of Owners or Owners’ heirs, successors, devisees or assigns, to execute Owners’ names or said Owners’ heirs’, successors’, devisees’ or assigns’ names, to the petition for the formation of a Water Utility Local Improvement District which includes the Real Property, in the event that Owners or any of Owners’ heirs, successors, devisees, or assigns, should fail, refuse or neglect to execute the petition for formation of Water Utility Local Improvement District when presented.

9. Owners shall indemnify, defend and save harmless District from and against all losses and claims, demands, payments, suits, fines, actions, recoveries and judgments of every nature and description brought and recovered against District by reason of any act or omission of Owners, agents or employees arising directly or indirectly from the installation, operation and use of said temporary water line. Owners will, after reasonable notice of any such suit or action, defend and pay the expenses of defending any suit which may be commenced against District arising therefrom.

10. The undersigned Owners warrant that they are the owners of the Real Property and that there are no other parties or persons necessary, proper or convenient to be joined as parties hereto who have not been named as Owners hereinabove.

CROSS VALLEY WATER DISTRICT,

a municipal corporation

By ______________________________

President and Commissioner

By ______________________________

Secretary and Comissoiner

By ______________________________

Commissioner

OWNERS:

By ______________________________

STATE OF WASHINGTON    )
    ) ss.
COUNTY OF SNOHOMISH    )

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.

Dated ____________________________

_________________________________

Notary Public in and for the State of Washington

Residing at ________________________

My Appointment Expires _____________

STATE OF WASHINGTON    )
    ) ss.
COUNTY OF SNOHOMISH    )

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, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the _ of _ to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument.

Dated ____________________________

_________________________________

Notary Public in and for the State of Washington

Residing at ________________________

My Appointment Expires _____________

Appendix C Annexation agreement.

AFTER RECORDING RETURN TO:

Cross Valley Water District

P. 0. Box 131

Snohomish, WA 98290

ANNEXATION AGREEMENT

THIS AGREEMENT is made and entered into this ____ day of _______, 20__, by and between _, their heirs, successors and/or assigns, hereinafter referred to as “Owners,” and CROSS VALLEY WATER DISTRICT, a municipal corporation, of Snohomish County, Washington, hereinafter referred to as “District.”

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, it is agreed by the parties hereto as follows:

1. Owners are owners of real property situated in Snohomish County, Washington, described as follows: ________________ _________________________________ _________________________________ _________________________________ _________________________ hereafter called the “Real Property,” which Real Property is hereby encumbered with the covenants and benefited by the benefits described herein, which covenants shall be deemed binding upon the Real Property, its owners, and their heirs, successors, devisees and assigns.

2. Owners desire to obtain water service from District to the Real Property. District is agreeable to contracting with Owners for the providing of water service on the terms and conditions set forth herein by permitting Owners to install a water line from Owners’ Real Property described hereinabove and to connect to District’s existing water lines at:

______________________________

The Real Property is located outside the District’s boundaries. District is willing to provide service to the Real Property on the condition that the Real Property is annexed to the District. Owners hereby agree to sign a petition to annex the Real Property to the District within fifteen (15) days after notice by the District that a petition for annexation to the District has been prepared which includes the Real Property. Owners hereby appoint any designated agent of District as the agent and attorney-in-fact for and on behalf of Owners or Owners’ heirs, successors, devisees or assigns to execute Owners’ names or said Owners’ heirs’, successors’, devisees’ or assigns’ names to a petition for annexation to the District of the Real Property in the event that Owners or Owners’ heirs, successors, devisees or assigns should fail, refuse or neglect to execute a petition for annexation of the Real Property to the District within fifteen (15) days after said notice is mailed to Owners.

3. Approval of water service is subject to the sole discretion of the Board of Commissioners of District.

4. Owners shall pay the following fees to District:

a. General portion of the connection fee $_______

b. Meter installation $_______

c. Local portion of the connection fee $_______

5. Owners agree that water service is subject to the following terms and conditions:

a. Owners shall pay for water at District’s current rate, as it is changed from time to time.

c. Owners agree to abide by all rules, regulations and policies of District as now in effect or as may be hereafter adopted or revised.

6. Owners and District agree that the provision of water service to the Real Property pursuant to the terms of the subsequent annexation of the Real Property to the District are subject to the review, approval and modification by the Snohomish County Boundary Review Board.

7. In the event of a change of ownership or interest in the Real Property, Owners shall notify such subsequent owner or interest holder of this Agreement and direct such subsequent owner or interest holder to contact the District.

8. Owners shall indemnify, defend and save harmless District from and against all losses and claims, demands, payments, suits, fines, actions, recoveries and judgments of every nature and description brought and recovered against District by reason of any act or omission of Owners, agents or employees arising directly or indirectly from the installation, operation and use of said water line. Owners will, after reasonable notice of any such suit or action, defend and pay the expenses of defending any suit which may be commenced against District arising therefrom.

9. The undersigned Owners warrant that they are the owners of the Real Property and that there are no other parties or persons necessary, proper or convenient to be joined as parties hereto who have not been named as Owners hereinabove.

CROSS VALLEY WATER DISTRICT, a municipal corporation

By ______________________________

Commissioner

By ______________________________

Commissioner

OWNERS

By ______________________________

STATE OF WASHINGTON    )
    ) ss.
COUNTY OF SNOHOMISH    )

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.

Dated ____________________________

_________________________________

Notary Public in and for the State of Washington

Residing at ________________________

My Appointment Expires _____________

STATE OF WASHINGTON    )
    ) ss.
COUNTY OF SNOHOMISH    )

Dated ____________________________

_________________________________

Notary Public in and for the State of Washington

Residing at ________________________

My Appointment Expires _____________