STANDBY WATER SERVICE AGREEMENTS (2)
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AGREEMENT FOR STANDBY WATER SERVICE CONNECTION
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This agreement, executed this (.L) day 0 ~
by and between SOUTHGATE MOBILE HOME PARK, INC.
hereinafter "CUSTOMER," and the CITY OF CLEARWATER, a
municipal corporation, hereinafter "CITY."
, 1995,
,
Florida
WITNESSETH
That the parties to this agreement each in consideration of
the covenants, undertakings, promises, and agreements on the part
of the other herein contained, do hereby covenant, undertake,
promise, and agree as follows:
1. The CITY promises to provide water to CUSTOMER strictly
on an emergency basis. The following condi tiol1sba~r4\<grg;e~8Wffiem:
an emergency condition:
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a.
Well failure.
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b.
Equipment failure.
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2. Should an emergency condition exist, CUSTOMER, shall promptly
notify the CITY of the emergency, the steps which have been taken
to resolve the problem, the estimated time table to complete
repairs, and CUSTOMER promises to perform the work on a "time is of
the essence" basis.
c.
Electrical equipment failure.
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d.
Chlorination system failure
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3. CUSTOMER agrees to pay the appropri~te 'turn-on charge for each
occasion when the meter must be turned:"on and promises to notify
the City when the meter may be subsequently turned-off.
4. CUSTOMER agrees to pay to the CITY the prevailing water usage
rate for water should the standby meter be activated during an
emergency condition. The current minimum bill for a 2 -inch meter
is $ 475.46 per month.
5. To encourage expedient repairs, the CITY agrees to pro-rate
the monthly minimum bill when the standby connection is turned-on
for less than a complete billing cycle in accordance with the
current usage rate schedule-' at the time of consumption. The
current method to pro-rate charges is:
a. If the consumption was zero, the monthly minimum
fee shall be divided by the number of days in the
billing cycle, multiplied by the number of days of
service availability.
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b. If there was consumption, but less than the monthly
minimum consumption, the charge shall be either the
charge for actual consumption or a prorated fee
determined as in subsection "a" above, whichever is
greater.
c. If there was consumption equal to or greater than
the monthly minimum consumption, the charge shall
not be pro-rated.
6. The parties agree that al though the CITY does not
presently charge a minimum bill for any billing period during which
the standby water service connection remains turned off, this
policy is subject to change. Should this policy change in the
future, CUSTOMER will be charged and agrees to pay for this standby
water service.
7. CUSTOMER agrees to pay the following fees to the City of
Clearwater for the standby connection.
Deposit for ~-inch meter ($1,426.00 )
Cost for meter installation ($ 700.00 )
Cost for
($ 495.00 )
backflow
preventer
installation
8. The CITY agrees to install the meter and backflow
preventer within sixty (60) days upon receipt of the above fees.
9. CUSTOMER will be responsible for the design, permitting
and installation of the water main and appurtenances between the
backflow preventer and the existing water distribution system
serving each mobile home unit.
10. Impact fees will not be assessed by the CITY for this
standby connection.
11. If the CUSTOMER uses the standby connection on either a
regular-use basis or a permanent-use basis, as defined below, the
CUSTOMER shall be mandated to permanently connect to the CITY's
water system. The CUSTOMER shall be required to pay all impact
fees associated with permanently connecting to the CITY's water
system. currently, impact fees are assessed at $480 per mobile
home unit. The CUSTOMER shall pay the prevailing per mobile home
unit rate at time of permanent connection.
12. Regular-use basis shall be defined as the standby
connection being used four (4) or more times in any twelve (12)
month period.
13. Permanent-use basis shall be def ined
connection being activated and in use for
consecutive days.
as the standby
forty-five (45)
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14. CUSTOMER agrees to indemnify and hold harmless the CITY
and its respective agents, officers, employers, directors from and
against any and all liability, loss, damages, interests, judgments,
and liens growing out of and any and all costs and fees (including
any attorney's fees) arising out of or incurred in connection with
any and all claims, demands, suits, actions or proceeding, which
may be brought against the CITY by reason of lack of exercise of
reasonable care by CUSTOMER or imposed by law or regulation on
CUSTOMER regardless of negligence of CUSTOMER, its directors,
agents, employees, subcontractors, members or tenants.
15. No consent or waiver,
party, to or of any breach of any
or agreement or duty of the other
to or waiver of any other breach.
express or implied, by either
covenant, promise, undertaking,
shall be construed as a consent
IN WITNESS WHEREOF the parties to this agreement have hereunto
set their hands and seals and have executed this agreement the day
and year first above written. t1 C
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By: V,/~ ..
Its 5~ U t~ G-qf~ /Vl,PR I IV (
I:t:.n~ers~h
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~"'~-U ~
ElizabeM. ptula
City Ma ager .
Approved as to form and
legal sufficiency:
Attest:
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Paul Richard Hull
Assistant City Attorney
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Cyn ia.. Goud&Q~-
City Clerk