OWU MULTIPLE PROPERTY SERVICE LINE AGREEMENT

MULTIPLE PROPERTY SERVICE LINE AGREEMENT

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). 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