BC 1983 09 19 - Laserfiche WebLink

Home Browse Search

399 WITNESSETH :- That whereas, County is in the process of building water supply lines outside of the corporate limits of the City of Concord, and whereas it desires to purchase water from the Board on a wholesale basis and the Board is willing to sell water to the County upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the agreements herein made, the parties do hereby agree as follows: 1. The Board will sell to the County water at a rate which is the same as the best rate available for customers of the Board inside the City Limits (provided it is understood and agreed that if the "best rate" is a graduated rate based on the amount of usage in any billing period the County will be subject to the same graduated rate schedule. The "best rate" is now known as the "universal rate"), which rate the Board may increase or decrease during the term of this agreement as may be necessitated by debt service, capital outlays, maintenance and operation costs. 2. Water will be delivered by the Board to the County at selected points, mutually agreed upon by both parties hereto, and will be metered through a master meter connection at each of those points. The County will pay for and install said meters of a type approved by the Board. 3. The Board will supply water to the County to meet its needs in an amount up to one million gallons per day, which obligation amount may not be accumulated, subject however to the obligation of the Board to provide water to its other customers, both within and without the corporate limits of the City of Concord, and with the understanding and agreement that the Board shall not be liable in damages for the failure to furnish a sufficient supply of water or the amount contracted for, or the quality of same, arising from an act of God or conditions beyond control of the Board, and the County will indemnify and save harmless the Board from any claim of the customers of the County arising from any such failure. 4. The Board agrees that it will consider reasonably any request to it from the County for an additional amount of water, if the same becomes necessary for the County. 5. The County will be responsible for the cost of installation, operation, and maintenance of all facilities in its water system without obligation therefor on the part of the Board and will be responsible for the billing and collection of charges at a rate established by the County. 6. The Board will bill the County on its regular billing cycle based on the master meter readings, and the County will pay said bills within twenty (20) days of receipt. Upon the failure of such payment the Board may discontinue supplying water upon five (5) days written notice to the County. 7. In the event areas which are served by the County with water would subsequently be annexed by the City of Concord the purchase of the County facilities within the area by the Board will be negotiated between the parties in the event the Board desires to purchase the same. 8. This agreement shall exist and continue for a period of five (5) years from date and shall automatically be renewed for successive terms of five (5) years, provided that either party may cancel this agreement after the lapse of the initial five (5) year term by giving the other party written notice at least five (5) years in advance of the effective date of cancellation. IN TESTIMONY WHEREOF, the parties have caused this instrument to be duly executed pursuant to authority duly given, the day and year first above written.