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HomeMy WebLinkAboutTom Kidwell Water Inc 2013 NW Commons1 PUBLIC WORKS DEPARTMENT (509) 543-5738 / FAX (509) 543-5737 F • • P.O. Box 293 (525 North 3rd Avenue) Pasco, Washington 99301 / www.pasco-wa.gov March 19, 2013 Tom Kidwell Water, Inc. 2420 W. Court Pasco, WA 99301 RE: Well Agreement Dear Mr. Kidwell: The City of Pasco acquired from the Northwest Commons subdivision, as part of the preliminary plat requirements, the water rights and well in 2006. The preliminary plat requirements provided that the owner/developer could negotiate a separate agreement with the City if they wish to continue to utilize water from the well for irrigation of agricultural lands. The City understands your desire to use the well to irrigate the agricultural lands you presently lease at the subdivision site. The City will permit your use of the well in strict accord with the following stipulations. In exchange for the city's permission to use the well for the 2013 growing season, you shall: 1. pay for seasonal use $1,330 (which includes $151.34 applicable state leasehold taxes) by April 30, 2013; 2. be responsible for all electrical costs associated with farm irrigation; 3. be responsible (to the city's satisfaction) for all damage, maintenance and repair costs associated with the use of the well during the growing season; 4. adhere to the City's operation instructions; 5. provide evidence of liability insurance of at least $100,000 and naming the City as an additional insured; 6. indemnify and hold the City harmless from any claims whatsoever associated with use of the well; 7. assure that use of water shall be restricted to those lands within the subdivision of Northwest Commons; 8. no chemicals shall be sprayed in any form on the pump and control systems; 9. no chemicals are to be used in or with the irrigation system; 10. maintain and test RP; 11. if chemical is used it must be preapproved by the City. Your signature hereunder will reflect your agreement with the foregoing provisions. Sincerely, Ahmad Qayoumi Public Works Director AQ/jv v Agreed to: Tom Kidwell Date