Tigard Water District - Water Distribution System P GREEI-A ENT
THIS AGR.'L]AEMENT Made and entered into by and be,<�:,een
the -TIGA- D V, A=l DIS TIUCT, a nnuncip a� cOrpor-don and ta-a Urtdlor-
signed, -vvho are property o%vners in the indiuLttrial area to the uniji-
c-jr?cratad community of Tigard, Oregon, (Described, exl-.ibit
VI TN1!"S_'-"E TI-L.
V HERZA��,, for the purpose of coavenience,;-.the TIGARLD
WATER DISTRICT, is by this agreement, designated as "DIE'll'PUCT",
the property owners are designated as "OWNERS", the Tigard LndusLrial
Area is designated as "ARIA", and the Water Distribution System to be
in.stalled is designated as "SYSTZIM"; and
• WHZ_RP'AZ, the District, by resolution of its Board of
Commissioners, made Jaly 12, 1960, did agree tofurnish a supply of water
to the area upon the following terms and conditions:
.(a) That the System be inztalled within the Area in
conformity with plans and specificaZions prepared by the Diatrict.'s En-
Sineer; and
(b) That the Owners deposit with the Tig-ard Branch,
The United Statea National Bank of Portland, Oregon, a sum of money to
pay the cost of the installation of the System.in the Area, including en-
gineering and other incidental expense related thereto, and that the Owners
instruct said Bank that the sum so deposited shall be for the -account of
the District and subject to disbUroement by tllae District for the installation
of the System and the payment of the costs and expeiiseF, incidental thereto.
PIAG E I - AGR'EM SET Aq T
(C) -Chat the (Xvners, i4poa the District,
pet.Ltion for annexatilon tf32 the
_�h�U ztri cl- L-1_c_,Dmf,-_)rrniVr with die provisioas
o, thapplicable statutes; and-
WH.E'REAS, the estimated' cost foz the ' stern, includincr the
Y Z7
incidentad e.xpenee s incurred with relation thereto is $24, 000.00.
T_!Q1t_ , THZRZFGRE, IT IS IT-ERE-1:1Y AGREED by and between
the Di.'-..trict and the Ovnners a_,> folk owi�:
1. That concurrently with the execution of this agreement,
the Owners have caused to be deposited with The United States National Bank
of Portland, Oregon, Tigard, Oregon, Branch the sum, oi $24, 000.00, for
the order of the District to be disbursed by it to pay the cost of the installation
of the System, including engineering I-eas and other incidental expenses with
relation -thereto. Atvr additional deposited with said bank pursuant to
this agreement by the Ownerr, shall be disbarred by the District in conformity
harcvnkh, and any overplus shall be re-fund-ed by the District, as hereinafter
prwdded.
2. That the District r.-ha11 direct its engineer to prepare
final plans and specifications to in tall 'dia :Sy-starn and to ca11 for bids for
the pariorzmance oi' said ;r!or.k awarding the contract to the contractor sub-
rn i T-tin1g:> the most acceptable bid in t'ne judgment and; discretion of the Comm-
issioners of the District; that said contract-, upon the let-ting thereolf. shall
become a part and parcal of this agreement.
3. That the District be and. it is herewith and hereby
specifically authorized to -,vitl_ hdra
w from the funds deposited in conformity
with paragraph 1 hereof with -the United `Mates National Bank of Portland,
Tigard, Oregon., Branch, as follows:
(a) To pay the cost for necessary permits to
PAGE II AGREEMIE NT
W"hingtoa County required with relation to the completion of the ,proposed
iastallration.
(b) TO Pay thea charges of the contractor for work,
labors materials and $quipment furnished under and by the terms of the con-
struction contract.
(c) The charges of the engi=wr for his fees, inalud-
iag supervi.seion charges miade with reUtion to the proposed work.
(d) The costs of supervision and overhand incurred
by the District with relation to the installatim of the System.
(a) The feea of the Distrietts acttonzeyae applicable
to the preparation of this contract and nagaliationu relativot tbareto.
(f) Should thera remain any avexplu ss the District
sbAl disburse the same to the three owiers making tura additional cantri-
butions as, harela&fter apecifi+ed.
(g,) Sbaould tha suras deposited bet insufficient to pay
the cost of the iastsllation of the System and the other ebarges, send expens"
bareinapbove ipetiflo4 than and in that +evreats tha Drags shall be requuestsd
to make additional depositss and the tars ung vch deposits sball be
entitled to p era , us b*r*iutatfteir provided. The additional deposits, if
mays shall be paid by the throo ovners making the additional coatribut:Lous.
d. Upon the complatim of the Installation of the Systsem$
the District does hearawith Asad baraby tb&retaft*r agree that it v1U keeps
usintain and service the System and provide water thier in for the hers,
subject to the prior rights of customers of the Distrizt residing within its
fined boo rise, but to the stagy► degree, extent and right of all otba r
customers, of the said District living b+ey=4 AW outside of Its fixed dries.
5, Upon and after the c omplaetiora of the system# as cow
templ,atod by this agreemmt , the Owners ray apply to the District for the
FAGS III- AGRIOM
installa-don. of individual service. For such service and at the time of the
application therefor there shall be paid to the District its usual meter in-.
sLallaticon charge to users Nvithin the District. Each CAvner shall be en-
titled to one connection to the System upon the payment of the meter connection
charge, and Owner may obtain additional connections to theystexre under
the term-- of the noxt succeeding paragraph.
6. the District contemplates and it is here-;viol and
hereby authorized to add, Zrom time to time, additional users t<) tion Systern,
subject to the following ternis and conditions:
(a) The seven owners who are the original parties
to `this agreement have eaca contributed the stun of $15,30. 00, rna3:ing a total
contribution of $10, 500.00. Three of the seven owners have each contributed
the additional sum of $45.0'.j. 00, or a total of $13, 500.00, making,the full_
$24, 000. 00, as above: acknowledged. The three owners matting the additional
contribution of $4500.00 each are 14;estarn Foundry Company, Coe Manufacturing
Company and hr%rin.gton x xac hire Works.
(b) The DiZ trict and each Owner agrees that the
System will provide adeq ta;e capacity to serve tither users in addition to
the Owners. Likewise,, tie District and each Owner agrees that such
additional applicants or service should pay a sum for such service in
addition to the; District's usual meter conn<,ction charge, and that the
ain-aunt of: sach a lditional caa.rg should vary according to the bi-pe o.-' use,
whether it be residential, commercial or industrial, and if commercial
or industrial, that the size: of the industrial plant or commercial :facility,
together with land area owned and estimated benefits should be considered;
thus, the District and each G.vner agree that the determination of this sum
for each subsequent applicant shall be and it.is delegated to a committee
PAGE IV - AGREZ1% .ZNT
tonalstzx.ng of three membem, two of Whom shall be salecte-ed by a
majority of the Owners, however, ona of said two must be selected
from- the t1aree cwTiars making the oaAAd additional contrIbutlon
Western Fourdry Company, Coe Manufacturing Company or Irvington
blachins. Works and the third by the Board of Co=laaloners of the
District.- this Committee shall Consider eaaS application and the
a-Lvount- fixed by the Com, Ittee,1, plus the usual memtler coruiect-ion charge
al' all bea pa- .1 ,.* in one silm to the D-J.:3trict prior to applicant. 's con-
nection to the System.
(c ) Upon the receipt of the amount'.: fixed by the
saki cvimi.4.ttee., Plus the usual mater carmnection charge by the
District, it shall;
(
A.r1) First deduell.- there' om "or i-1-z own
account the meter connection charge.; and
(2) Deduct Unarafrom a service charge
for 11ta own account in the sim of $15-00�; and
Divide the remainder into three equal
shares and remit one share to Western Foi4ndry Company, one share to
Coe Manufacturing Company and one share to Irvington.Maehlne Works,
whie'th said procedure shall continue until the investment of each
of said Corners has been reduced to the sum of $1500.00; and
(4) Thereafter divide the remainder Into
seven equal ahares and rem1t one share to each or the Owners; prov.11dad
(5) That on and after September
or the date that eauh Owner's investment in the System has been fully
roftu:nded, whichever date first occurs, the District may f4.-n the ad-
dit.ional oharVie, If any, above the usual meter aixuieetion charage for
connection to th4 System.. and the rights of the ewers, and each of
them, to any diatribution shall datermine.
7. It is contempla.ted that the area comprising the
District shall from 1+01me to alma be enlarged as provided by applicable
PAGS V AGRIEZel- 1147
statute; that should Lie Board of Commissioners of the District deem it
1
l
adv*, , able to an.ne:: all or pant of the area served by the S;stern, then and
s
III ILla:t. event, Che 0%;1n,!rL Jointly aild/Gr severally do agree to Join hl ;.uch
-petition or petitions as may be necessary and/or convenient to establish
Su C,:-! -0urpose.
3. !:.ac;i of the parties hereto do Hereby agree to make,
sign and execute such other and further instr•urnents, memoranda or supple-
naen.:a! contract: ai may b.- necessary to carry forth the terms, covenants
and coaditions contained ori hin this agreement.
9. he ?district shall charge to the water users on the
System at its usual established rate for users whose property is outside of
its boundaries, inclu ling ;standby charge where applicable. Upon annexation,
of course, rates shalt then conform to established water rates within the
boundaries of the District. All rates are sub,iect to modi.fication .:roan time
to tip-ne in the discretion of he Gonar issioners o= Lie district.
IN a, ITN ,_L" """ s-IE .1--fO ', the District and the Ov,ners have
ca:xsed t'nis agreement to be executed 3uly^.�R 1960, and where applicable,
pursuant to approprIzztc i c � a.11iLiC�s1S.
TIG .11,D AT
T3F T itFC T
By - Presiden:
By Secretary
1149
'n -
��i�,v
Donald B. McCormick, representing two separate ownerships of the
within described properties, shall be considered as one owner for
the purposes of this agreement.
EXH=. Mgt
Re4d PrOPCTty r eEftT ed to and I=Iuftd as the Mz&starIA A=* to #3set
=i=v7pamod amity of Tig"d " forth is that Cortala contract dated
July „Ze� , 19W, via the Used ter District U " folluwas
1. All of the read praporty descrfte4 in mA Included vithia
tbs ba# of the South Tigard Sanitary District as my
eata'bl.ished ecapt the property owned by mil S. and
M. Udth 1 mmm as Tax lot 1+4 g, and party voned by Dommdd
arad Dorsa UimtU kmwm aa► Tom lot 0 a.
2. U441 proper wooed by immotm1Csps. sentad by Dom $
HaComiak- imtormy, known as the Gordon Souk .propeny
consistIng of approximtely $ Ooms avA lamm as Tara Lot
122 g leases In part of Secures 1 t of
Mast 36 Trip SwAhs ameal W. W. H.
3. Real property cumd by Lwostars rap=sentad, by
J. 00 . Zsoe, attt 7 +1ly►s omm=ly described " the zurcber
p_l__ y comm pp
US of ar rl aat y 23 a4 A lid
X91 d � a p of the W, M. � tr ,.. 39 in
TowasUp 2 South* Itaw 1 West W. H.
4. F,ea1 property owed by Western Foundry Company
Beginning at the most southerly corner of tract described
in deed to R. T. & Corporation, recorded in Book 396, page
111, lid Records, 1-lashington County, Oregon; thence South tela
46' East 613.80 feet to au iron rod on the nonhv:sterly 1*
of a tract described in &ed to Tillie Zurcaer et vir recorded
in Book 315, paga 3S8, said Dead Pto-,cords; thence North 46a 50"
Bast along said northmesterly line. 600.00 feet to an iron rod;
tr'ence North 410 46' West 651.10 feet to su iron rod on tl„e
southeasterly line of the tract described in o=tract recorded
in Book 333, page 626t said Deed Records; thence south 430 19'
Waist along said southeasterly kine and an extension thereof
602.68 feet to the true point of beginn;i.nZ; being 8.71 seas
more or less;