ROOSEVELT WATER ASSOCIATION
Po Box 345
Snohomish, WA 98291
DEVELOPER EXTENSION AGREEMENT
WITH
______________________________________
Development Name
____________________________
Date
DEVELOPER EXTENSION AGREEMENT
WITH
Table
of Contents
1. Nature
and Location of Extension.......................................................................................... 1
2. Fees and Expenses to
be Paid by Developer.......................................................................... 1
3. Failure to Execute
Agreement................................................................................................ 2
4. Failure to Perform
Construction............................................................................................. 2
5. Description of
Extension........................................................................................................ 3
6. Selection of
Developer's Engineer.......................................................................................... 3
7. Authority of
Developer's Engineer.......................................................................................... 3
8. Preparation of Plans
by Developer's Engineer......................................................................... 3
9. Contractors,
Subcontractors, Labormen and Materialmen...................................................... 4
10. Performance Guarantee......................................................................................................... 5
11. Timing of Delivery of Agreement
to Association...................................................................... 5
12. Right-of-Way and Other Permits............................................................................................ 5
13. Easements............................................................................................................................. 6
14. Restoration Performance Bond.............................................................................................. 6
15. Construction Performance...................................................................................................... 6
16. Indemnity.............................................................................................................................. 6
17. Liability Insurance.................................................................................................................. 7
18. Construction.......................................................................................................................... 8
19. Grading of Roads.................................................................................................................. 9
20. Maintenance of Correct Alignment
and Grade........................................................................ 9
21. Connection to the Association
System.................................................................................... 9
22. Testing................................................................................................................................ 10
23. Maintenance Bond............................................................................................................... 10
24. Bill of Sale........................................................................................................................... 10
25. Correction of Defects Occurring
Within Warranty Period..................................................... 11
26. Completion Bond................................................................................................................ 11
27. Liens................................................................................................................................... 11
28. Accounting.......................................................................................................................... 11
29. Meters................................................................................................................................ 12
30. Final Acceptance - Conditions
Precedent............................................................................. 12
31. Independent Contractor....................................................................................................... 12
32. Assignment.......................................................................................................................... 12
33. Connection and Service Charges.......................................................................................... 12
34. Partial Waiver...................................................................................................................... 13
35. Agreement is Covenant........................................................................................................ 13
36. Complete Agreement........................................................................................................... 13
37. Attorney's Fees................................................................................................................... 13
38. Subcontracting..................................................................................................................... 13
39. Laws to be observed........................................................................................................... 13
40. No Third Person Shall Have Any
Rights Hereunder.............................................................. 14
41. Governing Law/Forum......................................................................................................... 14
42. Notices............................................................................................................................... 14
43. Code................................................................................................................................... 14
Development
Name
DEVELOPER
EXTENSION AGREEMENT
THIS
AGREEMENT, entered into in duplicate between Roosevelt Water Association, Snohomish County,
a private corporation of the State of Washington,
hereinafter referred to as the "Association" and LLC,
hereinafter referred to as "Developer."
W
I T N E S S
E T H:
WHEREAS,
the Association operates and maintains a domestic water supply system within
its boundaries which can serve property of Developer, and
WHEREAS,
Developer desires to construct certain water mains and appurtenances at its own
cost to serve Developer's property, for delivery to and operation by the
Association;
NOW,
THEREFORE, IT IS HEREBY AGREED that:
1) Nature and Location
of Extension
The
land for which domestic water supply is requested and to which this Agreement
applies, is real property in Snohomish
County, Washington,
known as A ,@ legally described in
Exhibit "A," attached hereto and by this reference incorporated
herein. By executing this
Agreement, Developer represents and warrants that it is the owner of record of
the above-described property. If
such representation of ownership is invalid, this Agreement shall be void. Developer agrees that the Association
may require Developer to furnish a title report for the property at Developer's
expense.
2) Fees and Expenses to
be Paid by Developer
At
the time the Developer executes and delivers this signed Agreement to the
Association, the Developer shall pay estimated associated charges as set forth
in Association policies, or any subsequent amendment thereto, which charges are
more specifically described as follows:
Developer
Extension Charge associated with the extension of water facilities (See
subsections a & b below) including:
Administration
and Agreement Preparation $
2,500.00
Engineering
Design Review $
1,000.00 estimate
Construction
Inspection and Test Observation $
75.00 per hour
Right-of-Way
(ROW) construction to cover
Association
for the county
Right-of-Way Construction Permit $ by Developer
Additional
charges by City of Everett $ unknown
TOTAL $
To Be Determined
a) The Developer
Extension Charge shall cover inspection time by the Association inspector. In the event the extension requires
Association inspection in excess of 20 hours, or in the event the Association
incurs inspection costs related to ROW
Construction Permit, the Developer shall be charged and shall pay, prior to
acceptance of facilities, the prevailing hourly rate of $75.00 for such
inspection. In addition, Developer
shall pay the Association $75.00 per hour for the Administration of this
Agreement, and the legal fees incurred by the Association relating to the
preparation of this Agreement and the Administration.
b) The Developer
Extension Charge is calculated based upon review of preliminary plans, which
review shall not in any way be deemed an approval of plans for construction
purposes.
Should
actual expenses exceed the amount paid by Developer, the difference shall be
paid by Developer to the Association.
If the Association determines after the extension is completed and
accepted that expenses were less than the fees paid by Developer, then the
balance of the fee shall be refunded to Developer.
The
foregoing estimate of expenses does not include allowance for any unusual costs
incurred by the Association for property surveys, hydraulic modeling, changes
in design, extension coordination, errors or omissions by the Developer, its
contractor or agents, unusual negotiations, legal expenses or any other unusual
project related costs. The
Association will bill the Developer for any unusual costs and the same shall be
paid promptly by the Developer. The
Association may stop work until payment is made.
3) Failure to Execute
Agreement
In
the event this Agreement is not executed and returned, along with the
above-referenced charges, within six months from the date of transmittal of
same to the Developer, which date of transmittal is ____________, the Agreement
shall be void and a new Developer Extension Application, along with application
fee, will be required.
4) Failure to Perform
Construction
In
the event work and construction described herein is not commenced within six
months from the date plans and specifications have been approved, or
construction has not been completed on or before
, (unless delayed by an unavoidable accident, strike, or acts of
God), this Agreement shall be void and of no force or effect whatsoever. It is
agreed by the parties that time is of the essence in all matters relating to
the performance of this Agreement.
5) Description of
Extension
6) Selection of
Developer's Engineer
The
Developer shall notify the Association in writing of the person or firm
proposed to design and prepare the plans ("Developer's Engineer")
when Developer submits this Agreement to the Association. The Developer shall not employ any
person or firm for any part of the Design work the Association objects to as
incompetent, unfit or irresponsible.
Nothing contained in this Agreement creates any contractual rights
between the Association and any person or firm employed by Developer to design
and prepare the plans.
7) Authority of
Developer's Engineer
The
Developer's Engineer shall only have authority to design the plans for the
extension to the Association's water distribution system. The plans shall conform in all respects
to Association specifications, the Association's Code
for Water Main Extensions into Newly Platted Areas dated February 2004, and
must be approved by the Association Engineer and the Association before work
begins. The Association shall
approve, modify or reject the plans.
Failure of the Association to require changes in the plans prior to
their approval shall not be a waiver of the Association's right to require changes
in the plans during the course of work.
The Developer is responsible to ensure the plans designed by Developer's
Engineer conform in all respects to Association specifications. Failure of the Association to discover
errors, omissions or discrepancies in the plans shall not relieve the Developer
of this responsibility.
8) Preparation of Plans
by Developer's Engineer
Developer
must comply with the following requirements:
a) Before commencing
preparation of the plans, Developer must:
i) Obtain
official preliminary plat approval for Developer's project using a minimum
scale of one (1) inch equals fifty (50) feet;
ii) File with the
Association Engineer a contour map, the road and storm sewer plans and profiles
for the project; and
iii) File with the
Association Engineer a contour map of the project with contour intervals of
five (5) feet or less and using a scale of one (1) inch equals fifty (50)
feet. All data shall be based on
National Geodetic Vertical Datum (VGVD).
b) Upon completion of
8(a), the Association and the Developer and Developer's Engineer will hold a
pre‑design meeting approximately ten (10) working days after completion
of 8(a). The Developer shall
arrange for the conference and the attendance of concerned parties.
c) At the pre‑design
meeting, the Developer's Engineer shall submit to the Association conceptual
plans for the water system improvements to serve the project.
d) After preliminary
review of the conceptual plans, Developer's Engineer shall submit to the
Association Engineer a preliminary design and plans for review and approval. The Association Engineer shall have the
right to require changes in the preliminary design and plans.
e) After approval of
the preliminary design and plans by the Association Engineer, Developer's
Engineer shall prepare proposed final plans and submit two (2) copies to the
Association Engineer and two (2) copies to the Association for review by the
Association.
f) After
completion of all required changes to the preliminary plans, if any, the
Association shall consider the final plans for approval. The Association shall have the right to
approve, reject, or require changes to the final plans.
g) The Association's
approval of the plans shall be noted on the original mylar drawings.
h) The Developer's
Engineer shall notify the Association of any permits required. Should changes to the plans be required
to obtain permits and approvals, then Developer's
Engineer shall make all required changes.
i) After
Developer has been notified in writing by the Association that the final plans
have been approved, Developer and Developer's contractor shall meet with an
Association representative for a pre-construction conference before
construction is commenced.
The
originals of all plans prepared by Developer's Engineer shall be delivered to
the Association upon completion of the plans and shall become the property of
the Association. Neither Developer
nor Developer's Engineer shall have any rights of ownership, copyright,
trademark or patent in the plans.
9) Contractors,
Subcontractors, Labormen and Materialmen
The
Association has a substantial interest in determining that the extension is to
be constructed and connected to the existing system of the Association in a
good, workmanlike manner and, therefore, the Developer and/or additional owners
agree to submit the names of all contractors, subcontractors, materialmen and suppliers, or in the event that the owner
or additional owners are contractors, then a statement that said Developer or
additional owner will perform said improvement, and the Association reserves
the right to approve or disapprove of the same, which approval the Association
will not unreasonably withhold; however, in determining whether said developer,
additional owner, contractor, subcontractor, materialmen,
or laborer is or is not satisfactory, the Association can take into
consideration said parties' prior experience, available manpower and equipment,
financial ability, prior work performed by said party for or on behalf of the
Association, and the recommendation of the Association's engineer.
Said
names shall be submitted to the Association no later than fourteen (14) days
prior to any construction being performed with respect to said real property
described in this agreement and, if said party is not acceptable to the
Association, the Association will so notify the Developer within five (5)
business days after notification is given to the Association of the name of
said party whereupon the Developer and/or additional owner shall re‑submit
alternates and said alternates shall likewise be subject to the same approval,
upon the same criteria as the original party submitted, and notification will
be given by the Association with the same period of time specified.
10) Performance Guarantee
Developer
shall, if requested, furnish to the Association prior to the pre‑construction
conference a performance guarantee of a type and in a form as determined by the
Association, in its sole discretion, in an amount equal to the engineer's
estimated cost of the extension(s) or contractor bid price(s). The performance
guarantee shall require completion of all work in accordance with the
Agreement, the plans and specifications and other requirements of the
Association within a period of twelve (12) months from the date of acceptance
of the plans by the Board.
The
Association, in its sole discretion, may also require a payment bond of a type
and in a form as determined by the Association requiring the payment by the
developer of all persons furnishing labor and materials in connection with the
work performed under the Agreement, and shall hold the Association harmless
from any claims there from. Any
bond required by the Association shall be provided to the Association prior to
the pre‑construction conference.
No
third person or party shall have any rights under any performance guarantee the
Association may require from the developer and such is provided entirely for
the benefit of the Association and the developer and their successors in
interest.
11) Timing of Delivery of Agreement
to Association
In
the event this Agreement is not executed and returned, along with the charges
referred to in Paragraph 2 above and Paragraph 10 below, within six
(6) months from the date of transmittal of same to the Developer, the Agreement
shall be void, and a new Developer Extension Application, along with
application fee, will be required.
12) Right‑of‑Way and
Other Permits
The
Association will make application for Snohomish County
'Right of Way Use Permit for Utility Construction.' Developer acknowledges familiarity with
the provisions of such Right of Way Construction Permit and agrees that it or
its contractor's failure to comply with any of the provisions of the permit
shall entitle the Association, in addition to the right to enforce any other
remedy available to Snohomish County as the permitting party, to immediately
stop all construction activity on the right-of-way until the violation or
violations have been eliminated and corrected to the satisfaction of the
Association, and the Association shall not be held liable for any damages,
either direct or indirect, for the delay and expense of such work stoppage. Developer shall furnish bonds required
for work in State or County rights‑of‑way. Developer shall procure all other state
and county licenses or permits.
13) Easements
All
easements shall be obtained by the Developer in a form satisfactory to the
Association without cost to the Association. In the event an easement is required
over real property other than real property described in
Paragraph No. 1, herein, such easement, together with title report or
other sufficient proof of ownership of such real property, shall be delivered
to the Association prior to commencement of work.
Developer
shall be obligated to obtain a written release from any property owner across
whose property construction is performed pursuant to the grant of an easement,
sufficient to indicate that the site restoration on the easement is
satisfactory and complete.
Easements
shall be delivered to the Association prior to acceptance of the
improvements. The Developer shall
provide the Association's Engineers with supporting data to verify the location
of all easements. All easements
shall be a minimum of twenty feet in width, and shall be clearly written in a
manner that the easement can be plotted from the description. Permanent easements shall be conveyed to
the Association free of any permanent structures or other structures which
interfere with Association maintenance and repair responsibilities. Developer further covenants and agrees
not to construct or install such structures on or near the easement after
Association has accepted the improvements.
14) Restoration Performance Bond
Prior
to the commencement of work described herein, Developer shall deliver to the
Association a copy of the restoration performance bond in the sum of $50,000.00
as posted with Snohomish County, conditioned that Developer will restore to the
satisfaction of the Association, and the state and county agencies as
applicable, all work to be performed hereunder in public rights of way and
Association easements. Form and
contents of bond shall be determined by the Association.
15) Construction Performance
Construction
shall be performed in accordance with this Agreement, Association approved
plans and only under the supervision of workers or craftsmen experienced in the
installation of water mains and the related work.
16) Indemnity
The
Developer shall indemnify, defend and hold the Association and all of its
representatives harmless from and against all losses and claims, demands,
payments, suits, actions, recoveries and judgments of every nature and
description brought or recovered against the Association by reason of the act
or omission of the Developer, his agents or employees, in the performance of
the work, and for any cost or expense incurred by the Association in connection
therewith, including overhead expense, legal expense, reasonable attorney's
fees and costs attributable thereto; and if suit in respect to the foregoing is
filed, then Developer shall appear and defend the same at its own cost and
expense, and if judgment is rendered or settlement made requiring payment of
damages by the Association, then the Developer shall pay the same.
Developer
agrees to hold Association harmless from any liability or expense, including
reasonable attorney's fees incurred by Association by reason of Developer's (or
Developer's employees or contractors) breach of any covenant contained in any
franchise or permit granted by state, city, or public or private utility to
Association for the purpose of enabling Developer to undertake construction
within any right‑of‑way.
Developer
further agrees that if any official complains to the Association that Developer
is violating such franchise or permits in any respect, or if Developer damages
any Association's facilities; then the Manager shall give Developer such notice
as is reasonable under the circumstances to comply with such franchise or
permit or to make repairs or restoration.
If the Association deems it necessary to make any repairs or restoration
(emergency or otherwise), then the Developer shall reimburse the Association
for the cost thereof.
In
any claim against the Association, its agents or employees by any employees of
the Developer, its contractor, or any subcontractor, or anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be
liable, the indemnification obligation contained herein shall not be limited in
any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Developer, Contractor, or any subcontractor
under Workmen's Compensation Acts, Disability Benefit Acts, or other employee
benefit acts. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES.
17) Liability Insurance
The
Developer shall procure from insurance companies which have an A.M. Best rating
of "A minus" or better commercial general liability (“A”
or “A plus”), and comprehensive automobile liability insurance
against liability to the Developer, the Association, the Association's Engineer
and the Association employees for negligent injury to person or property
resulting from performance, supervision, or inspection of the work.
The
Developer shall also procure from such insurance companies builder's all risk
completed value insurance which shall insure against All‑Risks including
Earthquake, Collapse and Damage resulting from Faulty Workmanship, Material or
Design and shall provide coverage for the entire work which is the subject of
this Agreement on a 100% completed value basis, and shall include completed
work and work in process.
The
Association and the Association's Engineer shall be named as additional insureds under such policies.
Proof
of the existence of such insurance shall be provided to the Association by an
endorsement to Developer's policy or policies. The minimum limits of coverage shall be
as follows:
General
Aggregate $
2,000,000.00
Products
‑ Comp/OPS Aggregate $
2,000,000.00
Personal
Injury $
1,000,000.00
Each
Occurrence
$
1,000,000.00
Automobile
Liability $
1,000,000.00
The
Association shall be given at least forty-five (45) days written notice of
cancellation, non‑renewal, material reduction or modification of
coverage. Such notice shall be sent
by "certified mail."
The
coverage as provided by the Developer's insurance policies are to be primary to
any insurance maintained by the Association and the Association's Engineer,
except with respect to losses attributable to the sole negligence of the
Association. Any insurance that
might cover this Agreement which are maintained by the
Association and the Engineer shall be in excess of the Developer's insurance
and shall not contribute with it.
The
Developer's insurance policy shall protect each insured in the same manner as
though a separate policy had been issued to each. The inclusion of more than one insured
shall not affect the rights of any insured with respect to any claim, suit or
judgment made or brought by or for any other insured or by or for any employee
of any other insured.
The
general aggregate provisions of the Developer's insurance policy shall be
amended to show that the general aggregate limit of the policies apply
separately to this extension.
The
Developer's insurance policy shall not contain a deductible or self‑insured
retention in excess of $10,000 unless approved by the Association.
The
Developer's insurance policies shall contain a provision that the Association
has no obligation to report events which might give rise to a claim until a
claim has been filed with the Association's Board of Trustees.
Providing
coverage’s in the stated amounts shall not be construed to relieve the
Developer from liability in excess of such limits.
18) Construction
Developer
shall notify the Association the date work and construction described in the
Agreement will commence, and said notice shall be given not less than 72 hours
(not including Saturday, Sunday, or national holidays) prior to such date. Once work is commenced, it shall
vigorously, consistently and in a first-class workmanlike manner be carried to
completion.
Developer
shall maintain at the construction area at all times during construction, a
representative to whom Association notices may be given regarding
construction. Said representative
shall be designated in writing by the Developer before start of work. Developer may request inspections during
construction upon two days' notice to the Association.
The
Developer shall maintain on the job-site extension plans marked to indicate
Association-approved plan revisions made in the field and other details of
construction. The drawings shall be
made available upon completion of the extension to the Association for use in
preparation of "as constructed" records. The Developer shall be responsible for
the cost of any required "as constructed" drawings.
19) Grading of Roads
Developer
shall grade all roads to the design sub grade elevation prior to the start of
construction and shall advise the Association in writing of any changes which
may be contemplated during construction.
If the Developer changes the sub grade elevation of the road after
completion of the extension, or any part thereof, the Developer shall be
responsible for all costs incurred to raise or lower the water lines and/or
water services as required to return water line to design depth, as a result of
said change in sub grade elevation.
This obligation shall remain in full force until Snohomish County or other
applicable agency having jurisdiction over the streets and roadways releases
the right‑of‑way or road construction bond or bond of other
description in connection with the Developer's obligation to the County for
restoration of the roads and streets on which construction has been performed
or affected.
20) Maintenance of Correct Alignment
and Grade
The
Developer and his contractor shall maintain the correct alignment and
grade. The Developer and his
contractor shall make gradual changes in grade and provide straight grades
through localized breaks in grade.
21) Connection to the Association
System
Not
less than seventy‑two (72) hours prior to the time that said extension is
partially or fully completed and connection to the Association's system is
desired, written application for permission to make the actual connection to
the Association's system at a specified time shall be made by Developer or his
contractor. All connections to the
existing system and all testing of the new line shall require authorization of
the Association and its Engineer and/or his authorized representatives.
Opening
of valves and use of water from the Association's system will be done by the
Association and/or its authorized representative. The Association reserves the right to
require that connections be made by live tap where disturbance of water service
would, in the opinion of the Association, be unduly detrimental. The Association may elect to make
connections to the existing system, and the Developer shall pay all costs for
the connection.
22) Testing
Testing
of water facilities shall be performed as required by the Association and only
after satisfactory tests have been completed and witnessed by the Association's
designated agent, will the extension be accepted. All testing costs shall be paid by the
Developer. Specific testing
requirements will be defined in the plans and specifications.
23) Maintenance Bond
Acceptance
of the extension by the Association shall not relieve the Developer of the
obligation to correct defects in labor and/or materials as required
herein. Prior to acceptance of the
extension by the Association and the transfer of title thereto, Developer or
contractor shall deliver to the Association a bond in the amount of ten percent
(10%) of construction costs or $5,000.00 whichever is greater, to guarantee
that a reliable contractor will make and pay for repairs necessary within one
(1) year from the date of acceptance of said construction, arising from faulty labor
or material. Form of bond is to be
approved by the Association. A
precondition of the Association's release of the maintenance bond shall be
payment by the Developer of all outstanding expenses incurred by the
Association pursuant to this Agreement.
24) Bill of Sale
Developer
shall deliver a bill of sale for the improvements constructed pursuant to this
Agreement. The bill of sale shall
contain the following warranties with the Association as beneficiary:
(a) That
Developer owns the extension free and clear of all encumbrances and Developer
has full authority to transfer title thereto to the Association and will defend
the title of the Association against the claims of all third parties claiming
to own the same or claiming any interest therein or encumbrance thereon; and
(b) That
all bills and taxes relating to the construction and installation of the
extension and appurtenances have been paid in full and there are no lawsuits
pending involving this project. If
any lawsuit is filed as a result of, or involving, this project, then the Developer will undertake to defend
the lawsuit and will accept responsibility for all costs of litigation,
including costs on appeal, and will hold the Association harmless on any
judgment rendered against the Association; and
(c) That
Developer complied with all laws and ordinances respecting construction of this
project, and the extension is in proper working condition, order and repair,
and is adequate and fit for the intended purpose of use as a water system and
as an integral part of the water supply and distribution system of the
Association, and the extension has been constructed in accordance with the
conditions and standards of the Association; and
(d) That
for a period of one (1) year from the date of final acceptance of the extension
by the Association, the extension and all parts thereof shall remain in proper
working condition, order and repair; and Developer shall repair or replace, at
its expense, any work or material which proves defective during the period of
the warranty.
In
addition, Developer shall obtain warranties and guaranties from its
subcontractor and/or suppliers where such warranties or guaranties are
specifically required in this Agreement.
When corrections of defects occurring within the warranty period are
made, Developer shall further warrant corrected work for one (1) year after
acceptance of the corrected work by the Association.
In
addition, Developer shall provide affidavits or paid receipts from the
Contractor and the Developer’s Engineer stating that all labor used by
them in connection with the installation of said main or mains has been aid and
that they, themselves, have been paid in full according to contract.
25) Correction of Defects Occurring
Within Warranty Period
When
defects in the extension are discovered within the warranty period, Developer
shall start work to remedy any such defects within seven (7) calendar days of
notice by the Association and shall complete such work within a reasonable
time. In emergencies, where damages
may result from delay or where loss of service may result, corrections may be
made by the Association, and the cost thereof shall be paid by the
Developer. If the Developer does
not commence and/or accomplish corrections within the time specified, then the
work may be accomplished by the Association, and the cost thereof shall be paid
by the Developer.
Developer
shall reimburse the Association for expenses incurred by the Association
resulting from defects in the Developer's work, including actual damages, costs
of materials and labor expended by the Association in making repairs and the cost
of engineering, inspection and supervision by the Association or the
Association's Engineer.
26) Completion Bond
If
the Developer completes the extension and desires service prior to the final
paving of streets within the project, then at the Association's option and as a
condition of service, a cash completion bond shall be deposited with the
Association in an amount to be determined by the Association Engineer to cover
the cost of work yet to be completed in conjunction with the final paving.
27) Liens
Prior
to acceptance of the extension, the Developer shall deliver to the Association
a complete release of all liens that arise out of the performance of the work
or such other evidence as may be acceptable to the Association that there are
no liens against the extension. If
any lien arises or remains unsatisfied after acceptance of the extension, then
the Developer shall reimburse the Association for any costs incurred on account
thereof, including reasonable attorneys' fees.
28) Accounting
Upon
completion of construction, Developer shall submit for acceptance and approval
to the Association a statement of monies and/or other accounting of monies
expended to perform construction described herein, together with such other
engineering records and data as may be required by the Association.
29) Meters
In
the event Developer requests and the Association provides water meters for the
real property described herein, prior to Association acceptance of the
extension, Developer agrees to be solely responsible for any loss or damage to such
water meters or their installation, which occurs prior to said acceptance of
the extension by the Association.
30) Final Acceptance - Conditions
Precedent
Compliance
with all terms and conditions of this Agreement, the plans and Specifications
prepared hereunder and other Association requirements is a condition precedent
to the Association's obligation to allow connection to the Association's
system, to accept the bill of sale to the extension, to maintain and operate
the extension, and to provide service to the real property described in this
Agreement.
The
Association shall not be obligated to accept title to the extension or to
provide service to the real property described in this Agreement if
construction by third parties of facilities to be deeded to the Association has
not been completed and those facilities are necessary to provide service to the
property described in this Agreement.
The
Association shall not be obligated to allow service connections to its system
until all system extension fees and/or connection charges in effect on the date
of application for service have been paid.
31) Independent Contractor
The
Association and Developer agree that in carrying out the terms of the contract,
the Developer shall be acting as an independent contractor and in no respect
shall Developer be deemed an agent of Roosevelt Water Association.
32) Assignment
Developer
shall not assign this contract without the prior, written consent of the
Association.
33) Connection and Service Charges
The
Association shall provide water service following the Association's acceptance
of the water distribution system for operation and maintenance. Said water service shall be provided to
subject property, or any portion thereof, upon payment of the connection
charges as set forth and in accordance with Association Policy. Said connection charges shall consist of
the Membership Fee, Capital Facilities Charge (CFC),
Meter Installation Charge, and any other charge to be levied in accordance with
said Association Policy or amendments thereto or any other applicable
Association Policy at time service is requested. These charges at current rates are
summarized below:
Membership
Fee $ 750 per lot x
lots = $
Capital
Facilities Charge $
5,500 per lot x lots = $
Service
Installation Charge $
2,750 per lot x lots = $
City
of Everett
Charge if applicable and to be
determined $
unknown
_____________
TOTAL $
Charges shown reflect the current rates. These charges are subject to
change. Charges actually assessed to a specific lot or parcel shall be the
charges in effect at the time the water service is actually provided by the
Association to that specific property.
34) Partial Waiver
Partial
waiver or waiver by acquiescence by the Association of any provision or
condition of this Agreement shall not be a waiver of any other provision or
condition of this Agreement.
35) Agreement is Covenant
This
Agreement shall constitute an easement and servitude upon the property
described herein and shall be binding upon the heirs, assigns and successors in
interest to the Developer. This
Agreement shall constitute an equitable lien against property described herein
and in the event of nonperformance by Developer, as staged herein, the
Association may foreclose said lien in the manner authorized by law.
36) Complete Agreement
This
writing constitutes the full and only agreement between the parties, there
being no promises, agreements or understandings, written or oral, except as
herein set forth, or as hereinafter may be amended in writing.
37) Attorney's Fees
Upon
execution of this Agreement, the parties agree in the event either of them is
required to enforce any provision or provisions of this Agreement against the
other, that the prevailing party shall be entitled, in addition to all other
amounts to which it is otherwise entitled by this Agreement, to its actual
attorneys' fees and costs, including those incurred on appeal. In any litigation arising out of this
Agreement or related to the project
to which the Association is not a party, the Developer will reimburse
the Association for all of its costs and expenses, including attorney's or
engineer's fees, incurred as a result of such litigation.
38) Subcontracting
Developer
is fully responsible for the acts and omissions of subcontractors and persons
employed, directly or indirectly, by subcontractors, as well as the acts and
omissions of Developer's employees.
39) Laws to be Observed
The
Developer and the Contractor shall comply with all federal, state, and local
laws, ordinances and regulations that affect the work that is the subject of
this Agreement. The Developer shall
pay all expenses incurred for complying with such laws, ordinances and
regulations.
40) No Third Person Shall Have Any
Rights Hereunder
This
Agreement is made only for the benefit of the Association and the Developer and
successors in interest and no third person or party shall have any rights
hereunder whether by agency or as a third‑party beneficiary or otherwise.
41) Governing Law/Forum
This
Agreement shall be construed and enforced in accordance with the law of the
State of Washington. Any suit to enforce the provisions of
the Agreement shall be brought in the Superior Court of Snohomish County,
Washington.
42) Notices
Any
notice required by this Agreement to be given by the Association to the
Developer shall be given at the following address:
Name: _________________________________________
Address: _________________________________________
Phone: _________________________________________
Fax: _________________________________________
43) Code
The
Association's Code for Water Main Extensions into Newly Platted Areas is
incorporated by reference herein and made a part of this Agreement, if any
provision of this Agreement conflicts with any provision of the Code, the
provision of this Agreement shall supersede the provisions of the Code.
ROOSEVELT WATER ASSOCIATION
Snohomish County, Washington
___________________________________
By
_______________________,
PRESIDENT
__________________________________
Dated:
Dated:
STATE
OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
I
certify that I know or have satisfactory evidence that __________________ are
the persons who appeared before me, and said persons acknowledged that they
signed this instrument, to be their 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 signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the President
of ROOSEVELT WATER ASSOCIATION, a nonprofit corporation, to be the free and
voluntary act of such private 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
Legal Description Exhibit
A
THAT PORTION OF
SITUATE IN THE COUNTY
OF SNOHOMISH, STATE OF WASHINGTON.