STANDBY WATER SERVICE AGREEMENTS
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AGREEMENT FOR STANDBY WATER SERVICE CONNECTION
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. This agreement, executed this. day of ~~, 1995, by and
between Boulevard Mobile Home F.statf's T.imitprl , hereinafter
"CUSTOMER," and the CITY OF CLEARWATER, a Florida municipal corporation,
hereinafter "CITY."
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 bas is. The fo 110wing cond i tions sha 11 const itute an emergency
condition:
a. Well failure.
b. Equipment failure.
c. Electrical equipment failure.
d. Chlorination system failure
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.
3. CUSTOMER agrees to pay the appropriate 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 l-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 i~:
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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 avail~bility.
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.
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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 although 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 2 -inch meter ($1426.38
Cost for meter installation ($700.00
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Cost for backflow preventer installation ($ 495.00
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 backf10w preventer
and the existing water distribution system serving each mobile home unit.
10. Impact fees will not be assessed by the CITY for th i s standby
connection.
11. Should CUSTOMER use this standby connection on either a regular basis
or permanent basis CUSTOMER agrees to pay all impact fees associated with the
connection. Impact fees will be assessed at $480 per mobile home unit or at the
prevailing rate at time of permanent connection.
12. Regular basis shall be defined as the standby connection being used
four (4) or more times in any twelve (12) month period.
13. Permanent basis shall be defined as the standby connection being
activated for forty-five (45) consecutive days.
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
neg 1 i gence of CUSTOMER, its directors r agents, emp 1 oyees r subcontractors, members
or tenants.
15. No consent or waiver, express or implied, by either party, to or of
any breach of any covenant, promise, undertaking, or agreement or duty of the
other shall be construed as a consent to or waiver of any other breach.
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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.
:::U]~tAte" limiterl
CITY OF CLEARWATER. FLORIDA
By:
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Elizab M. 0 ptula
City nager
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Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
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Paul Rlchard Hu
Assistant City Attorney
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