HomeMy WebLinkAbout02/20/2018 06D Water Shares Lease Agreement with the City of Tieton and Yakima Tieton Irrigation DistrictITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
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Item No. 6.D.
For Meeting of: February 20, 2018
Resolution authorizing lease agreement with the City of Tieton and
Yakima Tieton Irrigation District to lease 30 shares of Yakima Tieton
Irrigation District water to the Town of Tieton for the water year
2018
David Brown, Water/Irrigation Manager, 509-575-6204
Scott Schafer, Director of Public Works
SUMMARY EXPLANATION:
This is an agreement to lease 30 shares of irrigation water to the City of Tieton for the 2018
irrigation season. The 30 shares of irrigation water is not necessary to the City of Yakima's
current operations whereas the City of Tieton has a need for this irrigation water. The City of
Tieton pays $125.00/share to the City of Yakima; total of $3,750.00 for the year. This
arrangement with the City of Tieton was first implemented in 2014; benefiting both cities.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
O Resdution
D Agreement
Upload Date
1/10/2018
1%1012018
Type
Resolution
Cx�ntract
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A RESOLUTION
RESOLUTION NO. R-2018-
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authorizing the City Manager to execute the attached and incorporated
lease agreement with the City of Tieton and Yakima-Tieton Irrigation
District to lease 30 shares of Yakima-Tieton Irrigation District water to the
Town of Tieton for the water year 2018.
WHEREAS, the City of Yakima Water/Irrigation Division has 30 shares of Yakima-Tieton
Irrigation District water assigned to the second level reservoir property on City Reservoir Road;
and
WHEREAS, the City of Yakima Water/Irrigation Division is paying for 30 shares of water,
but that water is not necessary to the City's operations; and
WHEREAS, the City of Tieton is in need of irrigation water and is willing to lease the water
and pay more than the normal share cost to use the water; and
WHEREAS, leasing the water to the City of Tieton is mutually beneficial because the City
is reimbursed for the cost of the water shares and the City of Tieton has use of the water in
accordance with the attached agreement; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to authorize the City Manager to execute the lease agreement with the City of Tieton
and the Yakima Tieton Irrigation District to lease 30 shares of irrigation water to the City of Tieton;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated agreement with the City of Tieton and the Yakima-Tieton Irrigation District
for the lease 30 shares of Yakima-Tieton Irrigation District water to the City of Tieton for
the water year 2018.
ADOPTED BY THE CITY COUNCIL this 20th day of February 2018.
ATTEST:
Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
For City of Yakima Use Only:
Contract No.2018-
Project No.
Resolution No.R-2018-
SOQ No.
TEMPORARY WATER TRANSFER AGREEMENT
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THIS TEMPORARY WATER TRANSFER AGREEMENT is made and entered into
on the day of , 2018, by and between CITY OF YAKIMA, hereinafter referred
to as the Transferor, whose address is 129 N. 2nd St.; YAKIMA, WA 98901 and CITY
OF TIETON hereinafter referred to as the Transferee, whose address is P.O. BOX 357,
TIETON, WA 98947; YAKIMA-TIETON IRRIGATION DISTRICT, an irrigation district
organized under the laws of the State of Washington, hereinafter referred to as the
District, and whose address is 470 Camp Four Road, Yakima, WA 98908;
WITNESSETH:
1. Transferor, for and in consideration of good and valuable consideration
does hereby transfer to Transferee 30.0 shares of water from the facilities of the District,
said water now being appurtenant to Yakima County tax parcel number 181316-31402 &
181316-11400 owned by the Transferor, and situated, lying, and being in Yakima County,
Washington, and within the boundaries of the District, does hereby transfer said 30.00
shares of water from the above-described property for the 2018 irrigation season (the
"current irrigation season" herein) to Yakima County tax parcel 161413-11407 owned by
Transferee, situated, lying, and being in Yakima County, Washington, and within the
boundaries of the District; it being the intention of Transferee to use said shares of water
on the property last described for the current irrigation season. This agreement shall
continue for the current irrigation season and shall terminate and be of no further force or
effect upon the expiration of the current irrigation season without any further action of any
party.
2. Transferee does hereby agree to pay the Transferor $125.00 per share for 30.0
shares, for use in the water year of 2018, a total of $3,750.00. Payment is due at the
Transferor by May 15, 2018.
3. Transferee does hereby agree that the total resulting shares of water to be used
on the property last above described, including said shares of water herein transferred,
is 30.0 shares of water. The District, for and in consideration of the conditions provided
herein, does hereby approve and acknowledge the above transfer of the aforementioned
water.
4. The water user parties' above-described properties and water herein transferred
shall be and remain expressly subject to the rules and regulations of the Yakima-Tieton
Irrigation District.
5. The water user parties' above-described properties and water herein transferred
are expressly subject to assessments, rates, tolls, and charges of the District for any
lawful purpose, including but not limited to the care, maintenance, upkeep, operation,
management, repair, reconstruction, betterment, and improvement of facilities of the
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District, for the payment of any indebtedness due the United States and the State of
Washington, and for the payment of bonds and interest thereon.
6. All assessments, rates, tolls, and charges of the District payable for the current
and all prior years associated with the properties involved shall be paid in full prior to the
District's approval and acknowledgement of this transfer. The parties shall be responsible
for any payments or reimbursements between the parties, and the District shall have no
responsibility for the handling or transmittal of such funds.
7. The water user parties' above-described properties and water herein transferred
are expressly subject to all the terms and conditions of original water deeds and contracts
creating and initiating the water rights transferred herein.
8. The parties acknowledge and agree to the following:
a . Water rights in the Yakima River Drainage Basin, including but not
limited to the right of diversion and use of and the extent and priority of the right to the
use of any surface water of the Yakima River Drainage Basin, are currently being
determined and adjudicated in the case of State of Washington v. Acquavella, Yakima
County Cause No. 77-2-01484-5.
b. Judge Walter Stauffacher issued an order on August 13, 1992, which
provided as follows:
IT IS HEREBY FURTHER ORDERED that changes in the
place of use of water within the boundaries of an irrigation
district may be approved by the board of directors of the
irrigation district and do not require the approval of the
Department of Ecology.
c Any and all judicial determinations in said Acquavella case are
subject to appeal and later determinations.
d. The final result and effect of said Acquavella case may be to void or
render voidable this Temporary Water Transfer Agreement and water transferred herein,
and Transferor and Transferee assume all risks and loss arising out of such a result.
e . The District cannot make and does not make any representations or
warranties or otherwise offer any opinions regarding what the final determination will be
in said Acquavella case and its subsequent effect upon this Temporary Water Transfer
Agreement or the water transferred herein.
f. This Temporary Water Transfer Agreement and water herein
transferred are expressly subject to any and all pending and future actions in state and
federal courts relating to the determination and adjudication of water rights in the Yakima
River Drainage Basin, including but not limited to said Acquavella case.
9. Transferor and Transferee hereby release and agree to indemnify, hold
harmless and defend the Yakima-Tieton Irrigation District, and its directors, officers,
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agents, and employees, on account of any and all damages or claims, including but not
limited to attorneys' fees and expenses, by whomsoever made and of any nature
whatsoever, arising out of or in any manner connected to this Temporary Water Transfer
Agreement or arising out of or in any manner connected to the water herein transferred
being found or determined to be void or voidable. Transferor's and Transferee's duties
under this paragraph to indemnify the Yakima-Tieton Irrigation District shall not apply to
liability for damages arising out of bodily injury to persons or damage to property caused
by or resulting from the sole negligence of the Yakima-Tieton Irrigation District or its
directors, officers, agents, and employees. The Yakima-Tieton Irrigation District hereby
releases and agrees to indemnify, hold harmless and defend Transferor and Transferee
and their elected officials, appointed officials, agents, and employees, on account of all
damages or claims, including attorneys' fees and expenses, for damages arising out of
bodily injury to persons or damage to property caused by or resulting from the sole
negligence of the Yakima-Tieton Irrigation District or its directors, officers, agents, and
employees. In the event of damages arising out of bodily injury to persons or damage to
property caused by or resulting from the concurrent negligence of (1) the Yakima-Tieton
Irrigation District or its directors, officers, agents, or employees, and/or (2) Transferor or
its elected officials or appointed officials, employees, or agents, and/or (3) Transferee or
its elected officials or appointed officials, employees, and agents, Transferor's,
Transferee's and/or the Yakima-Tieton Irrigation District's duty to indemnify under this
paragraph shall apply only to the extent of each such party's negligence.
10. Transferee shall pay in advance to the District all the District costs associated
with this transfer, including but not limited to all costs for administration, orifice plates,
parts, mileage, labor, and all other costs associated with the transfer.
11. The water user parties hereby certify and warrant under penalty of perjury of
the laws of the state of Washington that they are the owners of their respective properties
as described herein. Transferor furthermore certifies and warrants under penalty of
perjury of the laws of the state of Washington that Transferor is not in default under any
mortgage lien covering Transferor's property, that there are no liens on Transferor's
property, other than mortgage liens, and that the contract seller of such property, if any,
has consented to this temporary transfer by the signature below. In the event of any sale
or transfer of Transferor's property described above, Transferor shall take full
responsibility for notifying any purchaser or other transferee of this temporary transfer.
EXECUTED this day of , 2018.
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Transferor: CITY OF YAKIMA
By: Cliff Moore, City Manager
Date:
ATTEST:
Sonya Claar Tee, City Clerk
Contract No. 2018 -
Resolution No. R -2018 -
Transferee: CITY OF TIETON
Transferee Signature
Title:
Date:
YAKIMA TIETON IRRIGATION DISTRICT
By:
Secretary -Manager
Date:
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