OLGA WATER USERS, INC.
MULTIPLE PROPERTY SERVICE LINE POLICY
This Multiple Property Service Line Agreement ("Agreement") is entered into on the date last signed by and between the following Property Owners and the Olga Water Users, INC, a Washington Non-profit corporation ("OWU") ("the Parties"):
Property Owners and Identification of Property:
Owners name Street Address TPN – XXXX-XXXXX Exhibit B
Owners name Street Address TPN – XXXX-XXXXX Exhibit C
Owners name Street Address TPN – XXXX-XXXXX Exhibit D
A legal description for each of these properties is attached as Exhibits B – D. These exhibits are incorporated herein by reference.
Purpose of Agreement:
1). Property Owners are members in good standing in OWU and each property is served with water from the OWU system. Water is supplied to these properties via a Multiple Service Line (MSL) that connects to any OWU water main via a tap. The purpose of this Agreement is to memorialize the ownership of the MSL and to define the rights, responsibilities and obligations of the Parties with regard to the ownership, operation and maintenance of this MSL.
Definition of MSL:
2). A MSL is a commonly owned private water line that extends from the OWU main. It includes the tap, a "guardian meter" and the pipe and fittings that transport water for more than one of the benefiting members. A "guardian meter" is a water meter approved by OWU and installed, at the Properties Owners expense, at the point of connection of the MSL to the OWU main to measure the volume of water that enters the MSL and to detect leaks between the OWU main and the meters of the Property Owners. A guardian meter is required on all MSL’s. The MSL is installed by the Property Owners, in accordance with the OWU design requirements for the expedience, economy, and convenience of the benefiting Property Owners who are also OWU members. The MSL ends at the point where it no longer transports water or provides a benefit for more than one property.
Description of MSL:
3). This MSL is believed to consist primarily of 2" Schedule 40 PVC. It was observed and believed to be in good condition and free from leaks and defects as of (INSERT DATE). This MSL is depicted on the sketch map, attached hereto as Exhibit A. The sketch is to include, but not limited to, property lot lines and identification, all components to the MLS including the corp. stop, guardian meter (if any), all multiple service lines, each individual member’s meter box locations and individual member’s service lines.
Obligations of Property Owners for MSL:
4). Each distinct MSL will be designated by an “OWU MSL #” by OWU. The Property Owners shall appoint a Manager for the MSL. The initial Manager shall be (INSERT NAME), one of the owners of record of TPN XXXX-XXXXX. The Manager shall serve in this capacity until a successor Manager is designated by all of the Property Owners. If the Property Owners cannot agree on a successor Manager, OWU shall appoint a Manager and this appointment by OWU shall be final. The Property Owners shall at all times insure that OWU knows who the Manager is and how the Manager can be contacted in case of emergency.
5). Each Property Owner shall pay fair share of all costs of maintaining the MSL, including upgrades, replacements, and repairs that may be necessary. If the Property Owners cannot agree on their fair shares of these costs, the Property Owners shall share the costs equally. These costs may include, but are not limited to, any costs and expenses that OWU may incur due to water loss caused by breaks or other defects in the MSL or costs incurred by OWU in protecting the integrity of the OWU system due to MSL problems of any kind. All invoices from OWU will be due and payable within ten days of receipt by the Manager.
6). The Manager shall be solely responsible to maintain the MSL in good condition and free of leaks and defects.
7). All Property Owners will exercise good practices to insure that the MSL remains in good condition and free of leaks and defects.
8). The Manager may, in his/her absence and in times of emergency, delegate his/her responsibilities to one or more other Property Owners of record in this MSL Agreement.
9). Each Property Owner hereby grants a right of entry to OWU, all other property owners and the Manager up to and including to the individual service meter for each property for the purpose of fulfilling the requirements of this Agreement, including repairing, replacing, or maintaining all parts of the MSL. OWU shall have no obligation to repair or maintain the MSL, but may do so, in its sole discretion, in the event of an emergency.
10). The Manager shall provide prompt notice of all work on the MSL to OWU and all other Property Owners.
11). The Manager is hereby granted authority and has the duty to turn off the water supply to individual properties served by the MSL if such action is necessary to fulfill the terms of this Agreement or to otherwise maintain a safe and proper water supply to the other parties. The Property Owners acknowledge that failure to fulfill any of the obligations of this Agreement including failure to make payment for any necessary charge to maintain the MSL will result in a loss of water service and the filing of a lien against the property of the Property Owner who has failed to pay a charge when due.
12). Any leakage in the MSL, including any leakage that is detected by a guardian meter will be billed by OWU to the Manager. Each Property Owner will then pay an equal share of the billing for the leakage of water.
13). Each party agrees to maintain their individual "service line' in good repair at its sole expense, recognizing that the performance of their individual service lines may have adverse effects on the other parties. A "service line" is the extension of the MSL to the property of a single Property Owner. The service lines are indicated schematically on Exhibit A.
14). OWU is not responsible for the sizing of the MSL line or the service lines. Each Property Owner agrees to operate the individual service to the Properties with due regard for the capacity of the MSL and the fair and reasonable needs of the other Property Owners.
15). Each Property Owner acknowledges the right and authority of OWU to take such actions as are necessary to preserve the integrity and water supply of the OWU system. Such actions include, but are not limited to, requiring back-flow protection, and shutting off the water supply to the MSL or to any of the individual properties served by the MSL.
16). The Property Owners acknowledge the MSL and service lines are not the property of OWU and full responsibility for the MSL and service lines is hereby undertaken by the Property Owners.
17). Execution of this Agreement by all Property Owners is a condition of OWU Membership and service. Each Property Owner also agrees to execute to any amendment to this Agreement that may become necessary to comply with changes in the OWU approved Water System Plan, Bylaw Amendments, Conditions of Service or other legal or regulatory requirements.
18). No additional properties may obtain service from this MSL without the express permission of OWU. OWU may require a hydraulic analysis or other engineering opinion before authorizing additional use of the MSL by other OWU Members.
19). The Property Owners agree to indemnify, defend, and hold OWU harmless from any and all claims related to the use of the MSL by the Property Owners or by others, except to the extent of the negligence of OWU.
20). Any dispute arising out of this Agreement including the meaning or interpretation of any of the terms shall be resolved in binding arbitration before a single arbitrator appointed by the American Arbitration Association. The Arbitration shall be conducted pursuant to the Commercial Rules, then in effect. The substantially prevailing party shall be entitled to an Award of all costs of the Arbitration and of its attorney's fees.
Covenants:
21). For purposes of this Agreement, all Property Owners are grantors and grantees; OWU is also a grantee. All undertakings of grantors are covenants that touch and concern the properties of Grantors and run with the land. This Agreement shall be recorded at Grantor's expense.
22). This Agreement is binding on the successors and assigns of the parties. It may be amended, only in writing and any amendment shall also be recorded and submitted to OWU.
23). Each property Owner shall disclose this Agreement to any subsequent purchaser.
24). It is the responsibility of the Manager to also inform the new Property Owner of this Agreement and to require the new Property Owner to sign this Agreement. The Manager is responsible to submit the signed Agreement to OWU within ten days of transfer of ownership.
Adopted by motion of the OWU Board of Directors on August 1, 2017.
______________________________________
Mark Mayer, President
OWU MSL #_____
This Agreement is signed by:
OLGA WATER USERS, INC
By ___________________________________ Dated: ______________
Bryon Frenyea, Administrator
TPN: XXXXX-XXXXX (Street Address)
By____________________________________ Dated: _______________
(Printed name)
TPN: XXXX-XXXXX (Street Address)
By____________________________________ Dated: _______________
(Printed name)
TPN: XXXX-XXXXX (Street Address)
By____________________________________ Dated: _______________
(Printed name)
OWU MSL #_____ EXHIBIT A
SKETCH MAP OF MULTIPLE SERVICE LINES
OWU MSL #_____ EXHIBIT B
LEGAL DESCRIPTION FOR TPN: XXXX-XXXXX
OWU MSL #_____ EXHIBIT C
LEGAL DESCRIPTION FOR TPN: XXXX-XXXXX
OWU MSL #_____ EXHIBIT D
LEGAL DESCRIPTION FOR TPN: XXXX-XXXXX