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C~'~)LI RA <br /> il CABARP~S COUNq'Y <br /> <br /> ~IlS ^GREEMENT, made and entered into this 16th day off, May, 1983, by <br /> and between CABAILr~3$ COUNTY, party of the !first part (hereinafter referred <br /> <br /> to as "COUNTY"), and BOARD OF LIGHT AND WATER COMMISSIONERS OF T}~ CITY OF <br /> ~ "BOARD") ' <br /> CONCORD, party of the second part (hereinafter referred to as <br /> <br /> WI TN E S S E T H : - <br /> <br /> 'lhat ~faereas, County is in the process of building water supply lines <br /> outside of the co?orate limits of the City of Concord, and,whereas it <br /> desires to purchase water frcrn the Board on a ~holesale basis and the Board <br /> ~s willing to sell water to the County upon the terms and conditions hereinaf~e~ <br /> set forth; <br /> <br /> NCX4, THEREFORE, in consideration of the premises and the agre~nents <br /> <br /> herein made, ~-he parties do hereby agree as follows: <br /> <br /> 1. 1%e Board will sell to the County water at a race %,~nich is the <br /> <br /> same as the best rate available for customers of the Board inside the City <br /> L~mits (~rovided it is understood and agreed that if the "best rate" is a <br /> graduated rate based on the amount of ~Jsage in any billing period the <br /> County will be subject to the same graduated rate schedule. The "best <br /> rate" is n~ knc~n as the "universal rate"), which rate the Board may <br /> mcrease, or decrease during the term of this agreement as may be necessitated <br /> <br /> i by debt service~ capital outlays, maintenance and operation costs. <br /> <br /> 2. ' Water will be delivered by the Board to the County at selected <br /> <br /> l'x)ints, mutually agreed upon by both parties hereto, and will be metered <br /> through a master n%eter connection at each of those points. The County will <br /> <br /> 3. The Board will supply water to the County to meet its needs in an <br /> ~mt up to one million gallons per day, which obligation amount may not <br /> be accunulated, subject however to the obligation of the Board to provide <br /> <br /> of the City of Concord, and with the understanding and agreonent that the <br /> Board shall n~t be iiable in d~aages for the ~ailure to furnish a sn~fieient <br /> supply of water or the amount contracted for, or the quality of same~ <br />..... ,o~ ....... ~,~ arising from an act of God or conditions beyond Control o[ the Board, and <br />.............. the County will indemnify and save harmless the Board from any claim of the <br /> custc~ners of the County arising fr~a any such [allure. <br /> <br /> <br />