HomeMy WebLinkAboutR-2014-056 Yakima Tieton Irrigation District (YTID) Shares Lease Agreement with the City of Tieton and YTID RESOLUTION NO. R- 2014 -056
A RESOLUTION 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 City entitled Yakima Tieton Irrigation District
water to the Town of Tieton for the water year 2014.
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 but is not presently
using the 30 shares of water; and
WHEREAS, the Town of Tieton is in need of irrigation water and is willing to lease the
water and to pay more than the normal share cost; and
WHEREAS, leasing this water to the City of Tieton is mutually beneficial to the City and
the City of Tieton because the City is reimbursed for the cost of the water shares it would
otherwise pay and not utilize and the City of Tieton has use of the water in accordance with the
attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
the City Manager to execute the lease agreement with the City of Tieton and the Yakima Tieton
Irrigation District; 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 lease agreement between the City, the City of Tieton and the Yakima Tieton
Irrigation District thereby permitting the City to lease 30 shares of Yakima Tieton Irrigation
District water to the Town of Tieton for the water year 2014.
ADOPTED BY THE CITY COUNCIL this 15 day of April 2014.
4 /A.4 Micah Caw , Mayor
A TTEST:
4 et . 4
S T ya Claar Tee, City Clerk ; D ;
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TEMPORARY WATER TRANSFER AGREEMENT
THIS TEMPORARY WATER TRANSFER AGREEMENT is made and entered
into on ,n1 /7 2014, 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;
W I T N E S S E T H:
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 2014
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
$110.00 per share for 30.0 shares, for use in the water year of
2014, a total of $3,300.00. Payment is due at the Transferor by
May 15, 2014.
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
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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 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.
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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, 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
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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 / , 2014.
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CITY , YAKIMA
Signa ure
Printed Name: Tony O'Rourke
Title: City Manager
Date:
f 1, •r
Attest
Sony Claar Tee, City '; k\
Contract No. 2014 - M7 -
Resolution No. R -2014- OSLP
/
Transferee: CITY OF TIETON
Transferee:
YAKIMA TIETON IRRIGATION DISTRICT
Ge24:-
By:
ecretary- Manager
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For Meeting of: 4/15/2014
ITEM TITLE: Resolution authorizing execution of a lease agreement with
the Town of Tieton and Yakima Tieton Irrigation District to
lease 30 shares of City entitled Yakima Tieton Irrigation
District water to the City of Tieton for the water year 2014.
SUBMITTED BY: Debbie Cook, Utilities and Engineering Director
David Brown, Water /Irrigation Division Manager
SUMMARY EXPLANATION:
The Water /Irrigation Division is currently assessed for 30 shares of water from Yakima Tieton
Irrigation District for irrigation on the middle and high zone reservoir sites. At the present time
this water is not used. The City of Tieton has need for this water. The attached agreement is to
lease this water for $110.00 per share for a total of $3,300 for the water year 2014.
Both cities Yakima is paid for the cost of the water we do not use and the City of Tieton
receives water it needs.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: Year
Start Date: April 15, 2014 End Date: October 30, 2014
Item Budgeted: NA Amount:
Funding Source /Fiscal
Impact:
Strategic Priority: Partnership Development
Insurance Required? No
Mail to: City of Tieton P.O. BOX 357,'Tieton, WA 98947 and YTID
470 Camp Four Road, Yakima, WA 98908
Phone:
City Manager
APPROVED FOR
SUBMITTAL:
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RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D Resolution 3/24/2014 Resolution
11 Lease Agreement 3/26/2014 Contract