HomeMy WebLinkAbout04/05/2016 05D Water Shares Lease Agreement with the City of Tieton and Yakima Tieton Irrigation DistrictBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.D.
For Meeting of: April 5, 2016
ITEM TITLE: Resolution authorizing a 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 City of Tieton
for the water year 2016
SUBMITTED BY: Scott Schafer, Public Works Director
David Brown, Water /Irrigation Division Manager (509) 575 -6204
SUMMARY EXPLANATION:
The Water /I rrigation 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 $113.00 per share for a total of $3,420 for the water year 2016. This will be the third
year the City has approved the agreement.
Both cities benefit. Yakima receives money for the water we do not use and the City of Tieton
receives water it needs.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
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APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution authorizing the City Manager to
execute the accompanying Lease Agreement with the City of Tieton.
BOARD /COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution 3/312016 Resolution
Contract 31312016 Contract
RESOLUTION NO. R -2016-
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 Yakima Tieton Irrigation District water to the
Town of Tieton for the water year 2016.
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 paying for and is not using the
30 shares of water; 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; and
WHEREAS, leasing this water to the City of Tieton is mutually beneficial, the City is
reimbursed for the cost of the water shares and the Town 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 with the City of Tieton and the Yakima Tieton Irrigation District for
the lease 30 shares of Yakima Tieton Irrigation District water to the Town of Tieton for the water
year 2016.
ADOPTED BY THE CITY COUNCIL this 5th day of April 2016.
ATTEST:
Sonya Claar Tee, City Clerk
Avina Gutierrez, Mayor
TEMPORARY WATER TRANSFER AGREEMENT
THIS TEMPORARY WATER TRANSFER AGREEMENT is made and entered
into on , 20167 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 3577
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 2016 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 $113.00 per share for
30.0 shares, for use in the water year of 2016, a total of $3,420.00. Payment is due at
the Transferor by May 15, 2016.
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 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.
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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.
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EXECUTED this day of , 2016.
Transferor: CITY OF YAKIMA
By:
Jeff Cutter, Interim City Manager
Date:
ATTEST:
Sonya Claar Tee, City Clerk
Contract No. 2016-
Resolution No. R -2016-
Transferee: CITY OF TIETON
Transferee Signature
Title.
Date.
YAKIMA TIETON IRRIGATION DISTRICT
Secretary- Manager
Date.
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