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03/16/2021 04F 2021 Lease Agreement with City of Tieton for Yakima Tieton Irrigation District Water ti i..asxntntj kd irzcoyi aY ae.. x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.F. For Meeting of: March 16, 2021 ITEM TITLE: Resolution authorizing a lease agreement with the City of Tieton and Yakima Tieton Irrigation District to lease 30 shares of Yakima Tieton Irrigation District water to the City of Tieton for the water year 2021 SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works, 509-575-6204 SUMMARY EXPLANATION: This is an agreement to lease 30 shares of irrigation water to the City of Tieton for the 202,1 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 $130.00/share to the City of Yakima; total of$3,900 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 BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type resolution NM2 1 r Memo D 1lgreement 3/2/2021 ntract 2 RESOLUTION NO. R-2021- A RESOLUTION authorizing a lease agreement with the City of Tieton and Yakima-Tieton Irrigation District to lease 30 shares of Yakima-Tieton Irrigation District water to the City of Tieton for the water year 2021. 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 currently 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, the City of Tieton shall pay $130 per share for a total amount of $3,900 to the City of Yakima for the water year 2021; 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 to execute the attached and incorporated agreement with the City of Tieton and the Yakima-Tieton Irrigation District for the lease of 30 shares of Yakima-Tieton Irrigation District water to the City of Tieton for the water year 2021. ADOPTED BY THE CITY COUNCIL this 16th day of March 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 TEMPO":.<RY WATER T'.% NSFER AGREEMENT THIS TEMPORARY WATER TRANSFER INTERLOCAL AGREEMENT is made and entered into in accordance with the requirements of RCW 39.34, on the day of , 2021, by and between CITY OF YAKIMA, hereinafter referred to as the Transferor, whose address is 129 N. 2nd St.; YAKIMA, WA 98901; CITY OF TIETON hereinafter referred to as the Transferee, whose address is P.O. BOX 357, TIETON, WA 98947; and 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 30.00 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 year 2021 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. Other than the one-time transfer of water shares as set forth herein, no other real or personal property shall exchange hands as part of this transaction. 2. Transferee does hereby agree to pay the Transferor$130.00 per share for 30.00 shares, for use in the water year of 2021, a total of $3,900.00. Payment is due at the Transferor by May 15. 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 30.00 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 4 lawful purpose, including but not limited to the care, maintenance, upkeep, operation, management, repair, reconstruction, betterment, and improvement of facilities of the 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: 1. 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. 2 5 9. Transferor and Transferee hereby release and agree to indemnify, hold harmless and defend the Yakima-Tieton Irrigation District, and its directors, officers, 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. 12. In accordance with RCW 39.34.040, prior to this agreement becoming effective it shall be listed by subject on the City of Yakima web site. 3 6 Transferee: CITY OF TIETON Transferee Signature Title: Date: . .__:•_. /7---.2/ YAKIMA TIETON IRRIGATION DISTRICT By: 4171,____/ ,f,-11.---•,I Secretary-F anager Date: `--112-72- 7-/ Transferor: CITY OF YAKIMA , By: Date: Robert Harrison, City Manager Attest: Date: Sonya Claar Tee, City Clerk 4