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HomeMy WebLinkAbout20070730Application.pdfALGOMA WATER COMPANY O. BOX 751 SANDPOINT, ill 83864 (208) 263-8946 \ G i ,i . , :j \ i ::,,- ~:,. J\' July 12, 2007 AL() -D7-() IDAHO PUBLIC UTILITIES COMMISSION O. BOX 83720 BOISE, ID 83720-0074 RE: APPLICATION TO SELL THE ALGOMA WATER SYSTEM 9PWS 1090001) CERTIFICATE OF CONVENIENCE AND NECESSITY No. 396 Dear Commissioners: Enclosed is this original and seven copies of this Application requesting the Idaho Public Utilities Commission s (IPUCV) approval to sell the Algoma Water System to Mr. Robert J. Carrier. He will operate the Algoma Water System under the name Algoma Water as a proprietorship. This Application is for both the approval of ownership and a monthly rate change. We request the application be processed under Modified Procedure as expeditiously as possible. Mr. Carrier is familiar with the Commission s regulatory authority and rules and is prepared to abide by existing directives. He is aware of the commission s web site and has made himself familiar with our copies of Utility Customer Rules (IDAPA 31.21.01) and Customer Information Rules (IDAPA 31.21.02). I am retaining my copies of these two documents and Mr. Carrier, by copy of this letter, is requesting that he be provided his own documents. Mr. Carrier has been investing in Bonner County real estate since 2004. His background is one of real estate development and income producing business management. He also owns real estate in Nevada where he lives and with that comes the experience of dealing with the ins and outs of the private sector. Mr. Carrier also owns three other community sewer systems in Bonner County, and Algoma Water is intended to fit right in with an already functioning operations schedule. Attachment "A" attached to this application is a "Personal Financial Statement" for Mr. Carrier. This financial statement demonstrates that Mr. Carrier possesses the fmancial ability to assume responsibility for the Algoma Water System. Attachment "B" to this application is a brief "Business Plan" that explains how Mr. Carrier intends to incorporate the Algoma Water Company into his other business interests in Idaho. As an absentee owner Mr. Carrier has retained knowledgeable local businesses to perform the normal day to day operations of the system. Attachment "C" to this application is a brief description of the licenses and experience of Mr. Robert Hanson who will have general managerial responsibility for the water system. Attachments "B" and " demonstrate that the system will be operated and maintained by people who have the necessary operational and managerial abilities to insure good service to the customers of Algoma Water Company. Attachment "D" to this application is a copy of the sales agreement between Mr. Paul Greenwood (Seller) and Mr. Robert Carrier as the buyer. The Algoma Water system is included in this transaction. The closing on the properties took place April 30, 2006. This transfer of ownership is made subject to approval by the IPUC as shown on "Addendum 2" of the sales agreement. Mr. Carrier acknowledges that he is aware that the valuation ofthe system by the IPUC will be the basis established by the Commission at the time the present rates were established adjusted for any additional depreciation and improvements. He also acknowledges that he understand that it is his responsibility to justify and additions to the valuation. The buyer also understands that accounting for the water system must be in accordance with the Commission s Uniform System of Accounts and must be maintained on a stand-alone basis separate and apart from any other business activities of the buyer. It is the intent of the buyer to continue the services of Joan Brittain, Bookkeeper, to do the billing for the water system and to complete and meet the Commissions accounting requirements. Joan has been doing the billing for the last four years. There is a formal request in the content of this package to increase the rates and charges for service from the water system due to the increased costs of management and repairs to the system. This request is identified as Attachment "22" Customers have been advised of the change of ownership and this Application through an insert in their monthly billing at the fIrst of June. A copy of the notice is attached. We request this application be processed as quickly as possible and stand ready to answer any questions the Commission may have. Sincerely, Paul -?- b39tJd 91768292802 313d Oi'-ll:J NtJOf 90:2..1: L.002-60-L.0 PERSONAL FINANCIAL STATEMENT QUSINESS BANKING 1'PLICANT or GUARANTOR' UI&t Name I~.me . D.~ of BIrth ""..... ntact Phon f.( l/Ete J.(.60Jf'"R S-~ 19 - 1 9.57 7D2. "'7:$7 '?"r../ Strat A dl1lU Apt Numb8t'~ . .. State ZIp 0 ,. ,.,. Number of Dependents"3g'r~ HI(;LFY' $1 __on I YEGI:).s -.J tV V 11S~ 103 t TYP8.- oiPrlmary, 10- h~ Issue Date expiration Date I1f)RIVI:fRS LICENSE Om ~16.'3ct'07lcf;1S-/~- '-Ofll Titne al Residence 1Z'0wn 'MonthJy P~el'll ' EmPlo~' j', -- lltIon TIme at Employer I "2. Wk'7I Kf;, I r:1 Rant I S2. , S If I.. J'" f!:)~N ER I?.. YE' At2S CO-APPLICANT or GUARANTORlest N~me , Ftret Nems .~-,"" ..." ', " w:till':rhf".'F :~~!"a:~ ? ' Type of Primary 10*expiration Date TIme lit ReBld8net C; Own MOI'Ithly Payment Employl!lr r:J -ro help the govemmllint fight the funding oftarrorlsm and money leunderlng aatlvltlea, U.S. Fedet811aw requlrea llnanalilinstltutlone to obtain. VI , and reaord Informationthat klentIfla Il!Ioh pmon (Indll/k!~1S18 I!J!d !n.l!!MUM) who Qpen$ II" I!.t=unt. Whml thl~ mtaM b' )-'(11.1: Whom you opGn IiIn 8000Unt, Wi win uk for Y\lUr nili~1 addl'M,dete of birth, and other Information thaI ~1I811ow UtI to IdantJfv wo. w" ITIIIV allO ask to H8 your drivers or other ldantlfvlna documente FINANCIAL ~T A TEMENT (leave blank; data you add to the table, on the following pa .et willaYfoma.tlcally be Inserted) If YES to questions 1.7, please describe: SBG3787 (10-06) flr1Ac.HMWr" A 'I Psg$ 1 10'0 "Wd 82: 10'0 L00Z-60-,nr 239l:Jd 8b68292802 313d ONtJ NtJOf 90:L L002-60-L0 FINANCIAL STATEMENT SCHEDULES Schedule 1: ealh In B8nk Accounts , ;:~: ~' :::;K';it: ::'~:: :,:" '::;::~:,: " , d ;;: :::::'' "' ,, :: ' ;': l~";:';:l\., :" ::;;:), i:'('::.'iC ~:' ::i;; ::"\:':\;, \,i':?i), ;:" Scheelu!. C: Other Llabllltlft Totah TOhI: S' 8BG3787 (10-06)Page 2 tfr1/lCHME/J1 :4 2:0' d Wd L2:: L00Z-60-'nr --- -- ---, Real Estate Schedules Street Addreae SUite ZI Code Pureha,e Date Purchue Price E8tlmatad Market Value Balance . 1st Mo InteA18t Rate Meturtty Date I.liIIndar. 1st Mortgage Payment . 1ft Mortgage Balance . Other MortgagMlUene Interat Rete Maturity Date 1.8ndlillr . Other Mortgage," Payments .Other Mo Property Tax ln$ura~ GroGI Monthly Rent ftJt:))lHI)C iS4c~ 397 :39")3' ,. ..., iJ. 5: dl7O (j '37 If'JfJYrt 11' 8n1JO ':16& 1"3 gift)81lJ SIGNATURES The 8!gn r(8) certl1les helehe"" verlllect all (tie Infotmatlon In the above (an(! mcl'led) ewemen~8) 1m! INpporting GtlCl utes, Including all federal tal( refUITii PrElptlreQ by 01' for the un ed, II a complete and aolT8Gt statement at the flnanolll condition of the undereigned on the dal4ffndlcated. The Ilgner(l) authorl;:e Wella Fe/'(/O Bank, N8tlanal and Its afllll8t8s C'Bank") to obtain consumer Indlor bUllnM8 reports Including Inqulliee to the Internal Revenue $ervlQt or the Franehl"TaK Board, In their vidual, Inytlme. The Blnk I, 1180 luthorlzad to provide credit Information .bout the Benk'i credit experience with the algner(s) to othll'Of8dltors and a ea nckI8. 7-- ~-o gna ure Date co-Ap laent'a ignature ate Callfomia Reakltntt: Af)ptlcent, if an Indlvlduill and minted, may apply for a aepal'llte loaoUnt CellfomlEllppllCilnW and co-appllca"'t8 mutt 8Ubmlt IRS Form 4608-1 Requat for Tranacrlpt of Tax Return WIth thl8l1ppllcetlon. or thellppllCilUon may be rejected. Ohio Ru"": The Ohio law eg8fnat dllCl'lmlndon rwqull'8l that all creditors make credit equally aWillabie to III aredlt WOIthy customers. and that credit repOrtingagenclee melnte.ln ef)ptrete orecIlt hl8torlu on uch Indlv/dUlI upon request The Ohio civil 1'Ig1'1t8 commlllion admlnlltere compllence with this law.M8I'fI8d WltcOMin R..Ident8: No provision of any marItal prcpe"y tgNMM$Ot, unllatoril8t8t\!tment under 1768,69, Wle. SI8t9,.or OOb/rt diKIrH under 5766.70, WI=. Statl.,Idverae/y 8ffect8 the Intel'$et oft/1$ crvdltor unleH tho creditor. prior to the time 1he credit!! grant$(! or 8n open-end credit plio II entered Into, II furnished. copy atth.agreement ,ta18lMnt or court decree or hu actual knowledg$ of ~s adve,," pravlsJan. BSG3787 (10-06)Plgtl 3 Af1ACHftfWr " 07-09-2007 17: 05 JORN RND PETE 2082638946 PRGE2 BUSINESS PLAN The following is a brief synopsis of the manner in which Robert J. Carrier intends to conduct the business operations of the Algoma Water System. It is my intention to incorporate Algoma Water System into the group business plan of the other community sewer systems I already own. Then plan is as follows: Bob Hanson of Water Systems Management, Inc. Phone: (208) 265-4270 E-mail: wsmibob(illaol.com Fax: (208) 264-4270 Address: 67 Wild Horse Trail Sandpoint, ID 83864 License: See Attached Bob Hanson has been retained for the past year and will continue the overall management of each system. Deal Pump & Electric Terry Deal, Owner Phone: (208) 263-9166 Terry is available on call 2417 year round for maintenance and emergency purposes. Billing & Accounting:Joan Brittain, Bookkeeper (208) 263-8946 Mailing Address: 206 N. 4th Ave., #146 Sandpoint, ID 83864 Joan is a retired bookkeeper/accountant who has been handling the Algoma Water and the additional sewer systems for the past 4 years and will continue to do so. It is in my plan to always have enough resource available to make sure the customer does not suffer due to poor management or a defunct system. That is why I will strive to keep the Algoma system in top operating condition by hiring the best people to oversee its operation. Ar1"AcH;41EVI Current water and wastewater licenses for Robert Hansen as issued by the Idaho Bureau of Occupational Licenses: BAT-530 DWD2-13440 DWT2-10694 WWC2-13710 WWTl-13889 WWTL-I0693 Backflow Assembly Tester License Drinking Water Distribution, Class 2 Drinking Water Treatment, Class 2 Wastewater Collection, Class 2 Wastewater Treatment, Class Wastewater Lagoons Additionally for Robert Hansen: Appointed by the Governor to the Idaho Bureau of Occupational Licenses, Water & Wastewater Board. Appointed by the Director of the Idaho Department of Environmental Quality to the IDEQ Drinking Water Advisory committee. Immediate past president of the American Backflow Prevention Association (ABP A), Idaho Chapter. Facility operation will be by: Water Systems Management, Inc. who employs three additional licensed water and/or wastewater operators capable of covering both requirements for a responsible charge and substitute responsible charge operator for each system. WSM, Inc. also operates and/or supplies services for over twenty other water or wastewater systems in the northern counties of Idaho and provides cross connection control programs and backflow prevention assembly testing along with water and wastewater consulting service throughout the area. Attachment ' RE,2J COMMERCIAl PURCHASE AND SALE AGREEMENT JULY 21108 EDmaNPAGE I OF 7 RE-23 COMMERCIAUINVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT THIS IS A LEGALLY BINDING CONTRACT. READ THE ENTIRE DOCUMENT INCLUDING ANY ATTACHMENTS. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. (S) 8QUAI. ...... -......no ID#18073712 LISllNG AGENCY TBS Listing Agent Jim Watkins Mail SELUNG AGENCY TBS Sel~ng Agent Chris Neu Mail DATE 03/27/2007 OffICe Phone #Fax # Phone " Office Phone #-Fax" Phone , 1, BUYER: Rob Carrelr and/or assigns (Hereinafter called "BUYER"agrees to purchase, and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as "PREMISES"10 COMMONLY KNOWN AS Greenwood Utility System City SaglelCocolalia11 County, Bonner , Zip 83860 and legally described as: 13 OR Legal Description Attached as addendum #(Addendum must accompany original offer. 15 2, $ 165 00000 PURCHASE PRICE: One Hundred Sixty-Five Thousand and Zero/10018 payable upon the following TERMS AND CONDITIONS (not including closing costs) : 18 3. FINANCIAL TERMS: Note: A+C+D must equal the total purchase price. 20 $ 500.(A). EARNEST MONEY: BUYER hereby deposits Five Hundred and Zero/100 DOLLARS as Eamest21 Money evidenced by: 0 cash 0 personal check cashier's check ~ note (due date): due by 4/1/0722 0 other . Earnest Money to be deposited in trust account 0 upon receipt, or ~ upon acceptance by all parties23 and shall be held by: Listing Broker 1&1 Selling Broker 0 other for the benefit of the parties hereto. The24 responsible Broker shall be J8ff Bond26 (B). ALL CASH OFFER 0 NO ~ YES IF CASH OFFER, BUYER'S OBUGATION TO CLOSE SHALL NOT BE27 SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide SELLER within -1O....business days from the date of acceptance of28 this agreement by all parties, evidence of sufficient funds andlor proceeds necessary to close transaction. Acceptable documentation includes29 but is not limited to a copy of a recent bank or financial statement or contract(s) for the sale of BUYER'S current residence or other property to be3D sold. DOLLARS 32 $ (C). FINANCING:33 0 Additional financial terms are specified under the heading "OTHER TERMS AND CONDITIONS" (Section 5 below)34 0 Additional financing terms are contained in a financing addendum of same date, and attached hereto, and signed by both parties. 38 $ 164,50000 (D). APPROXIMATE FUNDS DUE FROM BUYERS AT CLOSING: (Not including closing costs) Cash at closing to37 be paid by BUYER at closing in GOOD FUNDS, includes cash, electronic transfer funds, certified check, or cashiers check. 39 4, SECTION 1031 TAX DEFERRED EXCHANGE: By checking either or both of the boxes that follow, it is hereby acknowledged by the parties40 that the ~ Buyer, 0 Seller intends to use the purchase and sale of the Premises as an integral part of a tax deferred like-kind exchange as~1 allowed under Section 1031 of the Internal Revenue Code (the "Exchange ). For purposes of this paragraph, the party participating in the42 Exchange shall be identified as the "Exchanger," If either box above is checked, then the parties recognize that a material part of the~3 Exchanger's consideration for entering into the agreement for the purchase and sale of the Premises is the successful completion of the44 exchange. The parties agree to assist each other in the completion of such exchange by cooperating with each other by signing any and all45 relevant documents provided that the party not doing the Exchange shall not incur any liabilities, costs, fees, or taxes in excess of those which46 that party would have incurred had this transaction not been an Exchange, ~ BUYER,s,..,I"'" J-t-O)"LLER'Sh_()Date q-t;;-Ui Thil fonn II pr1nled and diltribul8d by !he Idaho AI-n of REAL TORse, Ine. TNa form ".. been dellgned for and II PfO1'1dod only for u profallonela who ... membo.. of tho N8t1oMAllOCi8tlan at REALTORs. USE BY ANY OTHER PERSON IS PROHIBITED. Copyrigh1 IcI81a AuociaIion of R TORSe. -.c. AJI righ18 -.I,RE.2J COMMERCIAL PURCHASE AND SAlE AGREEMENT JULY 21108 EDITION PAGE 1 OF 7 A1TIKHMEO' ~D'I RE,23 Purclle.. & Sill.. Agreement forCommerdal Reel Es1aIe JULV '!lOA EDITION PAGE 2 0/7 PROPERTY ADDRESS:Greenwood Utili stem 18073712Sagle/Cocolalia ID# 51 5. OTHER TERMS ANDfOR CONDmONS: This Agreement is made subject to the fonewing special terms, considerations and/or contingencies 58 which must be satisfied prior to dosing Offer made subject to the ollowing contingencies: 59 ) Buyer to have 2 weeks to perform feasibility study of property Including the viability of system.ea ) Buyer and Seller are aware that transfer of ownership of Algema Water is made subject to the approval of the Idaho Public81 Utility Commission. Cost of ownership transfer to be buyers' responsibility. 70 6, INCLUDED ITEMS:71 (a) All existing fixtures and fittings that are attached to the premises are Included in the purchase price (unless exduded below) and shaH be12 transferred free of liens. These include but are not limited to, all attached floor coverings, attached television antennae, satellite dish and73 receiving equipment, attached plumbing, bathroom and lighting fixtures, window sereens, screen doors, storm windows, storm doors, all14 window coverings, garage door opener(s) and transmitter(s), exterior trees, plants or shrubbery, water heating apparatus and fixtures,15 attached fireplace equipment, awnings, ventilating, cooling and heating systems, all ranges, ovens, built-in dishwashers, fuel tanks, all water76 systems, wells, spring water that are now on or used in connection with the premises shall be included in the sale unless otherwise'provided77 herein. (b) Irrigation fixtures and equipment, and any and all, if any, water and water rights, and any and all, if any, ditches and ditch rights thai are appurtenant thereto that are now on or used in connection with the premises shall be included in the sale unless otherwise provided herein. (c) Other items specifically included in this sale: All accounts receivable "'"--""-"'-'--,""-"-,... 90 7. TITLE CONVEYANCE: Title of SELLER is to be conveyed by IKJ warranty deed Llspecial warranty deed orD _, ~!. BiII of !...!!.._- 91 deed, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds,62 building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements93 established or of record. liens, encumbrances or defects to be discharged by SELLER may be paid out of purchase money at date of closing,s.! No Rens, encumbrances or defects which are to be discharged or assumed by BUYER or to which title is taken subject to, exist unless otherwise96 specified in this Agreement. (d) Items specifically excluded in this sale: Any related debt o~ eltherAlgoma Water pr North..rn Utilities "--'-"" ---"----'__0' 97 8. TITLE INSURANCE: There may be types of title insurance coverages available other than those listed below and parties to this98 agreement are advised to talk to a tlUe company about any other coverages available that will give the buyer additional coverage.100 (A). PRELIMINARY TITLE COMMITMENT: Prior to dosing the transaction IiISELLER or 0 BUYER shall fumish to BUYER a preliminary101 commitment of a title insurance policy showing the condition of the tiDe to said premises, BUYER shall have --L...business day(s) from receipt102 of the preliminary commitment or not fewer than twenty-four (24) hours prior to dosing, within which to object in writing to the condition of the title103 as set forth in the preliminary commitment. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title. It104 is agreed that if the title of said premises is not marketable, or cannot be made so within .....3...-.business day(s) after notice containing a written105 statement of defect Is delivered to SELLER, BUYER'S Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of108 title insurance cancellation fee, escrow and legal fees, if any. 107 108 109 110 111 ::: I - ::: BUYERS ...,.Jt&, -01 4- -I D 7 SELLER' ,,- (, "'" It-iS (J)Thlo form 10 pnnled end dfs!l1bulld by the ldeha AseadelJan at REAL TORse, Inc" Thll farm hIS been deIIgned far end ;0 provided only far """ by"" ute.. prafellianalo who 8111 members of the NllianelAuaclotian of REAl TORse , USE BY ANY 011tER PERSON 18 PROHIBlTm.CapJl1ih1ldaha Auacle1ian at REAL TORse. Ino, All rtg/ll8..~RE.23 COMMERCIAl PURCHASE AND SALE AGREEMENT JULY 20M EDITID"PAGE 2 OF 7 (B). TITLE COMPANY: The parties agree that San~polnt TItle Company located at shall provide the title polley and preliminary report of commitment. ArfAafM€:/JT D'f RE-23' Purch..., SII.. Agreemenl lor CommoR:ial Roll Eolal-Jill Y 7nnA ~nITlON PAGE 301 7 PROPERTY ADDRESS:Greenwood Utili stem 18073712Sagle/Cocolalia IDtI 118117 (C). STANDARD COVERAGE OWNER'S POUCY: SELLER shan within a reasonable time after dosing fumish to BUYER a title insurance118 policy in the amount of the purchase price of the premises showing marketable and insurable title subject to the liens, encumbrances and defects119 elsewhere set out In this Agreement to be discharged or assumed by BUYER unless olhelWise provided herein. The risk assumed by the title120 company In the standard coverage polley is limited to matters of public record. BUYER shall receive a IL TAtAL TA Owner's Policy of Title121 Insurance. A title company, at BUYER's request. can provide information about the availability, desirabirrty, coverage and cost of various title122 insurance coverages and endorsements. If BUYER desires title coverage other than that required by this paragraph, BUYER shall instruct123 closing agency in writing and pay any increase in cost unless otherwise provided herein. 12~ 12~ 126 127 126 129 130 131 132 133 1301 135 138 (D). EXTENDED COVERAGE LENDER'S POLICY (Mortgagee polley): The lender may require that BUYER (Borrower) fumish anExtended Coverage Lender's Policy. This extended coverage lender's policy considers matters of public record and additionally insures againstcertain matters not shown in the public record. This extended coverage lender's policy is solely for the benefit of the lender and only protec1B the lender. 137 9. INSPECTIONIDUE DILIGENCE: (A). BUYER shall have the right to conduct due diligence inspections, investigations, tests, surveys and other studies at BUYER'S expenseunless otherwise indicated below or agreed upon in writing by the parties. BUYER chooses iii to have inspection 0 not to have inspection. IfBUYER chooses not to have inspection skip the remainder of this section 9. BUYER shall, within---1L business day(s) of acceptance,complete these inspections and give to SELLER written notice of disapproved Items. BUYER is strongly advised to exercIse these rights andto make BUYER's own selection of professionals with appropriate qualifications to conduct inspections of the entire premises. The dosing of this transaction is conditioned upon BUYER's satisfaction or waiver of the following contingencies. 138 138 140 INSPECllON ITEM;BUYER SELLER SHARED NfA INSPECl1ON ITEM;BUYER SELLER SHARED NlACOSTS PAID BY EQUALLY COSTS PAID BY EQUALLYEnvironmentalHazardous WasteInspection (Phase I)ntpoft(s) Environmental omer ~UDSbInC811Inspection (Phase II)hazardous to humanhealth (e.g. mold. radon,aSbestOll etc.)Environmental Review of seiler's ntlevantInspection (Phase HI)business documentsSurveyUtilities and Zoning Studies Water Rights Pest, d:ro::::l& structural InsD8Ct 0 Flood Zone Hazard Compliance withAmerican WIth DisabilitiesActSoil Is) and Percolation Well/SepticTest(s) Survey fiJ The following documents and materials shaH be provided by the SELLER to the BUYER as part of the BUYER'S inspection/due diligence:All available records of business Includin but not limited to rofit and loss sheets balance sheets air orders andannual re orts from both Al oma Water and Northern Utitlites.141 142 143 145 148 1~7 148 '~9 ISO (B). SATISFACTIONfREMOVAL OF INSPECTION DUE DILIGENCE CONTINGENCIES: 1). If BUYER does not within the strict time period specified give to SELLER written notice of disapproved items, BUYER shall conclusivelybe deemed to have: (a) completed all inspections, investigations, review of applicable documents and disclosures; (b) elected to proceed withthe transaction and (c) assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER hasotherwise agreed in writing to repair or correct. '~I 2). If BUYER does within the strict time period specified give to SELLER written notice of disapproved items, BUYER shall provide to152 SELLER pertinent ~ectlc:'n(8) of written In8~ction reports. SELLER shall have-Lbusiness day(s) in which to respond in writing.153 The SELLER, at theIr option, may correct the items as specified by the BUYERS in their letter or may elect not to do so. If the SELLER154 agrees to correct the Items asked for in the BUYERS letter, then both parties agree that they will continue with the transaction and proceed to15~ closing. This will remove the BUYER'S inspection contingency. 158 I~ BUYER'S.", ' ()4 -1- /' _'0"" )DoIe lfc,,"-cJ1-.Thlo form 10 prtnled ond dIAIbut..s by IhIldahO Alooci8lion 01 REAL TORse, Inc., TIIIo form hot bIen doofgned!or end io provided only ~~~nolo who sr" mllllbors of !hi NationalAsoocIIUOI1 01 REAL TeRSe, U8E BY AJf'( 01llER PERSOII II PROHIem:D.CopyrtghIId8ho Auocio1iOl1 01 REAL TORSe, Inc,AII righla -.eelRE.23 COMMERCIAL PURCHASE AND SAlE AGREEMENT JULY EDmlINPAGE 3 OF 7 Ar1JlCHMtIJT \1 RE,23: Pun:hase & 581.. AgrHme'" for CommerC181 Reel Es18te. JUL V 2008 E'DITION PAGE 4 of 7 PROPERTY ADDRESS: Greenwood Utility System le/Cocolalla 10#18073712 158 159 160 161 162 163 3). If SELLER elects not to correct the disapproved items, or does not respond in writing within the strict time period specified, then theBUYER(S) have the option of either continuing the transaction without the SELLER being responsible for correcting these deficiencies or giving the SELLER written notice within----A..- business days that they will not continue with the transaction and demand the return of theirEarnest Money. 4). If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemedto have elected to proceed with the transaction without repairs or corrections other than for items with SELLER has otherwise agreed in writing to repair or correct. SELLER shall make the premises available for all inspections. BUYER shall keep the premises free and clear of liens; indemnify and hold SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from theinspections. No inspections may be made by any governmental building or zoning inspector or government employee without the priorconsent of SELLER unless required by local law. 1114 16S 166 167 166 169 170 171 10. ADDITIONAL COSTS: Costs in addition to those listed below may be incurred by BUYER and SELLER unless otherwise agreed herein,172 or provided by law or required by lender, or otherwise stated herein. The below costs will be paid as indicated. Some costs are subject to 173 loan program requirements. SELLER agrees to pay up to $ of lender required repair costs only. BUYER orSELLER has the option to pay any lender required repair costs in excess of this amount.176 176 COSTS BUYER SELLER SHARED NlA COSTS BUYER SELLER SHARED N/AEQUALLYEQUALLYAppraisal fee Flood certification /trackingfee Long lenn Escrow fees Title Ins. StandardCoverage owners policy Closing fee Lend- Extended Policy Additional TItle Ins.AUomey contract pl'8jJ8nd1on andlorl'eVIew fee Water Rights 177 178 11. ESCROWfCOLLECTION: If a long-term escrow/collection is Involved, then the escrow/collection holder shall be178 na . Each party agrees to pay one-half of escrow/collection fees and escrow setup fees. 160 181 12. RESIDENTIAL PROPERTY CONDITION DISCLOSURE: Idaho Code S55-2501 et seq. requires that any person intending to transfer162 "residential real property" deliver to the transferee, within ten (10) days of the acceptance of an offer to purchase, a SELLER PROPERTY183 DISCLOSURE FORM. "Residential real property" means real property that is improved by a building or other structure that has one (1) to four (4)164 dwelling units or an individually owned unit in a structure of any size. This also applies to real property which has a combined residential and165 commercial use. The property is I&J is not subject to the Property Condition Disclosure Act. 166 187 13. LEAD-BASED PAINT DISCLOSURE: Properties that meet the criteria of "target housing" require certain disclosures regarding lead-based166 paint hazards. Pursuant to 42 USCA S4851 et seq.target housing" means any housing constructed prior to 1978, except housing for the elderly16; or persons with disabilities (unless any child who Is less than six (6) years of age resides or is expected to reside in such housing for the elderly or 1110 persons with disabilities) or any zero-bedroorn dwelling. A "residential dwelling" means a single-family dwelling, including attached structures1;1 such as porches and stoops: or a single.famlly dwelling unit in a structure that contains more than one (1) separate residential dwelling unit, and1;2 in which each 6uch unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one (1) or more183 persons. "Residential real property" means real property on which there is situated one (1) or more residential dwellings used or occupied, or164 intended to be used or occupied, in whole or in part, as the home or residence of one (1) or more persons. 19s 1e6 The subject property D Is I&J is not defined as "Target Housing" regarding lead-based paint or lead-based paint hazards. If yes, BUYER hereby1117 acknowledges the following: (a) BUYER has been provided an EPA approved lead-based paint hazard information pamphlet, "Protect Your198 Family From Lead in Your Horne:' (b) receipt of the Sellets Disclosure of Information and Acknowledgment Form and have been provided with all1l1li records, test reports or other information, if any, related to the presence of lead-based paint hazards on said property, (c) that this contract is200 contingent upon BUYERS right to have the property tested for lead-based paint hazards to be completed no later than201 or the contingency will terminate, (d) that BUYER hereby I&J waives 0 does not waive this right, (e) that if test results202 show unacceptable amounts of lead-based paint on the property, BUYER has the right to cancel the contraq subject to the option of the SELLER203 (to be given in writing) to elect to remove the lead-based paint and correct the problem which must be accomplished before closing, (f) that if the204 contract is cancelled under this clause, BUYER's earnest money deposit will be returned to BUYER. 205 IIUYER'S '0;,," ( ~ _'+ -I SELLE",. ..... t ~ -""" l(-,:f- 0'1" Thll fotm I. printed end dillrtbul8d by the Idaho AlIOd.lIon or REALTORse, k1c, Thi. 101m h.. been designed for 8nd II provided 0I11y for use by ruI_1e prufe8S1ona11 who ""' members oIlIIe NI..",.,IAIIocielion 01 REAl. TORseo UIE ey ANY OTHER PERION II PROHBITED.CopyrlQlUldaho AsIocl8lion of REAL TORse. Inc. AlIIIghII "'liNedRE.23 COIoNERCIAL PURCHASE AND SALE AGREEMENT J\JL V 2- EDlnoNPAGE 4 OF 7 Ar1i/()ffJ')I;IJT 1\ RE'23: Purd1a.. & Sill.. Au""""onl for Commordlll Real Estate. JULY 2006 EDITION PAGE 5 017 PROPERTY ADDRESS:Greenwood Utili stem Sagle/Cocolalia 10#180737f2 208 207 208 14. SQUARE FOOTAGE VERIFICATION: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE REAL209 PROPERTY OR IMPROVEMENTS IS APPROXIMATE. IF SQUARE FOOTAGE IS MATERIAL TO THE BUYER, IT MUST BE VERIFIED 210 DURING THE INSPECTION PERIOD. 211 212 15. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs): BUYER is responsible to obtain and review a copy of the CC&Rs (if213 applicable). BUYER has reviewed CC&Rs 0 Yes IKI No.21. 215 16. RISK OF LOSS: Prior to the closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially210 damaged by fire or other destructive cause prior to closing, this agreement shall be voidable at the option of the BUYER. 217 210 17. CONDITION OF PREMISES AT CLOSING: Upon expiration ofthe Inspection/Due Diligence period and thereafter, BUYER agrees to218 purchase the Premises in as-Is-c:ondltlon, where is, with all faults and with no further repairs required unless otherwise agreed upon by the 220 parties in writing. BUYER will assume all obligations with respect to the Premises. SELLER shall maintain the Premises until the closing in its221 present condition, ordinary wear and tear excepted. 222 223 18. CLOSING AGENCY: The Closing Agency for this transaction shall be 22. located at Fourth Ave 22b 228 227 228 2211 230 231 20. POSSESSION/PRORATION: BUYER shall be entitled to possession ~UPON CLOSING or ODATE232 TIME 0 AM OPM. Taxes and water assessments (using the last available assessment as a basis), rents233 insurance premiums, interest and reserve on liens, encumbrances or obligations assumed and utilities shall be prorated as of the day of closing 234 or Close . Any tenant deposits held by SELLER shall be credited to BUYER at closing. 235 236 237 238 239 2.0 22. FACSIMILE TRANSMISSION: Facsimile or electronic transmission of any signed original document, and retransmission of any signed 2~1 facsimile or electronic transmission shall be the same as delivery of an original. At the request of either party or the Closing Agency, the parties2~2 will confirm facsimile and electronic transmitted signatures by signing an original document. 2043 244 2.s 2~7 2.8 Katherine Dullea Law Office 19. CLOSING DATE: On or before the closing date, BUYER and SELLER shall deposit with the Closing Age dS and instruments necessary to complete the sale. The closing date shall be no later than 4125.07 . " Closing Date"means the date on which all documents are either recorded or accepted by an escrow/collection agency and the sale proceeds are available to SELLER. 21. "NOT APPLICABLE DEFINED:" The letters "n/a " " N/A " " a.," and "" as used herein are abbreviations of the term "not applicable.Where this agreement uses the term "not applicable" or an abbreviation thereof, it shall be evidence that the parties have contemplated certainfacts or conditions and have determined that such facts or conditions do not apply to the agreement or transaction herein. 23. BUSINESS DAYS & HOURS A business day Is herein defined as Monday through Friday, 8:00 A.M. to 5:00 P.M. in the local time zonewhere the subject real property is physically located. A business day shall not include any Saturday or Sunday, nor shall a business day include any legal holiday recognized by the state of Idaho as found in Idaho Code ~ 73-108. The time in which any act required under this agreement to be performed shall be computed by excluding the date of execution and including the last day. The first day shall be the day after the date of execution. If the last day Is a legal holiday, then the time for perfonnanceshall be the next subsequent business day. 250 24. DEFAULT: If BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Eamest Money as 251 liquidated damageS or (2) pursuing any other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1),252 SELLER shall make demand upon the holder of the Earnest Money, upon which demand salel holder shall pay from the Earnest Money the costs283 incurred by SELLER's Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title254 insurance, escrow fees, credit report fees, inspection fees and attorney's fees; and said holder shall pay any balance of the Eamest Money, one-255 half to SELLER and one-half to SELLER's Broker, provided that the amount to be paid to SELLER's Broker shall not exceed the Broker's agreed2~ to commission. SELLER and BUYER specifically acknowledg~ and agree that if SELLER elects to accept the Eamest Money as liquidated267 damages, such shall be SELLER's sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. If SELLER elects 2511 proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER's Broker on behalf of SELLER and259 BUYER related to the transaction, including, without limitation, the costs of Brokerage fee, title insurance, escrow fees, credit report fees,2110 inspection fees and attorney s fees, with any balance of the Earnest Money to be held pending resolution of the matter. If SELLER defau""2e1 having approved said sale and fails to consummate the same as herein agreed, BUYER'S Eamest Money deposit shall be returned to him/her282 and SEllER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, Brokerage fees and attorneys fees, If any.283 This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled.284 BUYER'S "o.r. ( _""", - 0"7 sewRs ,_. ( /?t:J, "* 4-(; -o'"\..11111 farm it prinllld and dlslribuleG by \he 1- Aaoaalon 01 REAL TORse, Inc. This form ilia b8In cluiQned far and II provkfld only prole..ionllt wIIo we membeta 01 tho NellanlllAlIOCIllron 01 REAL TORse. USE BY AHY OntER PERSON IS PROHIBI1ED.Copyri'-'lld8ho Auocl1ltlon of REAl TORse, "'co. AI riuhtl 1'l1IeMId.RE.23 COMMERCIAL PURCHASE AND SALE AGREEMENT JULY EDrnON PAGE 5 OF 7 ATTIfCHt1JEfiJi /)" RE'23' PuR:h..o & saJ.. Agrwomont for Cornmerdol Ro.1 E.tatt, JUI V 2008 EDITION PAGE 8 of 7 PROPERTY ADDRESS Greenwood Utility System le/Cocolalia ID#18073712 268 287 268 25. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are in any way connected with 2fI9 this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorneys fees, including such270 costs and fees on appeal. 271 272 273 274 275 276 26. EARNEST MONEY DISPUTE INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SELLER agree that in theevent of any controvarsy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by the holder of the Eamest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding, or at Broker's or closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorneys fees.277 278 27. SEVERABILITY: In the case that anyone or more of the provisions contained in this Agreement, or any application thereof, shall be invalid279 illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or280 impaired thereby, 281 282 28. COUNTERPARTS: This Agreement may be executed in counterparts. Executing an agreement in counterparts shall mean the signature of 283 two identical copies of the same agreement. Each identical copy of an agreement signed in counterparts is deemed to be an original, and all284 identical copies shall together constitute one and the same instrument. 285 288 287 288 289 2110 291 29. SALES PRICE INFORMATION: SELLER and BUYER hereby grant permission to the brokers and either party to this Agreement, to disclosesales data from this transaction. Including selling price and property address to the local AssociationIBoard of REAL TORSGi), multiple listingservice, its members. its members' prospects, appraisers and other professional users of real estate sales data. The parties to this Agreement acknowledge that sales price information compiled as a result of this Agreement may be provided to the County Assessor Office by either party or by either party's broker. 282 30. REPRESENTATION CONFIRMATION: Check one (1) box in Section 1 and one (1) box in SedIon 2 below to confirm that In this293 transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S).294 Section 1: 295 2118 297 298 300 301 302 Section 2: 303 304 305 308 307 308 309 310 311 312 313 314 A. The brokerage working with the BUYER!S) Is acting a8 an AGENT for the BUYER!S). IKI B. The brokerage working with the BUYER(S) Is acting as a LIMITED DUAL AGENT for the BUYER(S). withoutan ASSIGNED AGENT. C. The brokerage working with the BUYER(S) Is acting es a LIMITeD DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S).D. The brokerage working with the BUYER(S) Is acting as a NONAGENT for the BUYER(S). 0 A. The brokerage working with the SELLER(S) Is acting as an AGENT for the SELLER(S).IKI B. The brokerage working with the SELLER(S) Is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT. 0 C. The brokerage working with the SELLER(S) Is acting as a LIMITED DUAL AGENT for the SELLER(S) and has anASSIGNED AGENT acting solely on behalf ofthe SELLER(S). 0 D. The brokerage working with the SELLER(S) Is acting as a NONAGENT for the SELLER(S). Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approvedby the Idaho real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that thebrokerages agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE IS ACUSTOMER" AND IS NOT REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCYREPRESENTATION. 315 318 31. AUTHORITY OF SIGNATORY: If BUYER or SELLER is 8 corporation. partnership, trust. aslate, or other entily, the person executing this317 agreement on ita behalf warrants his or her authority to do so and to bind BUYER or SELLER. 318 318 320 321 322 323 33. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 324 32. ENTIRE AGREEMENT: This Agreement, including any Addendums or exhibits, constitutes the entire Agreement between the parties andno warranties, including any warranty of habitability or representations have been made or shall be binding upon either party unless herein setforth. BUvER'slnM ~O~4 - / -SELLER'S lnitials " - )Date ij-S-o1-This form is prinled.od dillributod by 111,1- Assoaauori of REALTOR5e,lnc, Thll form h,,"'on deoIgnod lor end 18 provided only 1811_10 prof,uI..... who.,. members of th. NIIIionaIAosociation 01 REAL TOR5e" UIE BV ANY O'IMER PERlCN 18 PROHIBITED.Copy~ghlldaho As- of R AL TOR5e, 1m:. All righlsl'8l8fV8d, RE.23 COMMERCIAL PURCHASE AND SALE AGREEMENT JULY. mal EDITION PAGE 8 OF 7 A7T/KlIME::!JT "f)" RE,23: Purcllo.. & SoluAgreement for Commercia' Rell Eotale. JUI Y 2008 FOITIC1N PAGE 7017 PROPERTY ADDRESS: Greenwood Utility System lefCocolalla ID#18073712325 O~C 328 34. A ~~NCE: BUYER'~J1ffer Is made subject to the acceptance of SELLER on or before (Date) -S -07 at (Local329 Time) 0 AM. ~ P.M. If SELLER does not accept this Agreement within the time specified, the entire Earnest Money shall be330 refunded to BUYER on demand. 331 332 35, BUYER'S SIGNATUR 333 334 335 338 BUYER Signatufe 337 Date 4-1- 0") 338 339 Address 340 E-MaU Address 341 34 2 .. - '--. -. ..- ---- - -- -- - -- --- --- -.-----. -.. - - -... - -- -.. -. -.- - --- - -- .--. - --- - - - - - -- -- -. -- -.- - -- - - -- 343 BUYER Signature Date (SpecifY number of BUYER addendum(s) attached. AM.D P. BUYER (Prinl Name) 120;::'t...Jf2I ZfhHL:5 C~.R.R.lt..=t2Phone # ceO # City Fax # SI8te Zip Time 0 AM. 0 P. BUYER (print Name) Phone #344 345 348 Address 347 E-Mail Address 348 349 36. SELLER'S SIGNATURES: On this date, INoIe hereby approve and accept the transaction set forth in the above Agreement and agree to350 carry out all the terms thereof on the part of the SELLER. 351352 SIGNATURE(S) S 353 3501 0 SIGNATURE( 35/1 357 Cell city Fax # State Zip OFFER M(S) # SELLER (Print Name)7a.1.J..\ GReen LOX:DPhone # Cell#35/1 359 Address 3110 E-Mail Address 3111 city Fax # State Zip 362 -----..--.----------------------.------....------.-.---------------------- .----------- 363 SELLER Signature SELLER (Prinl Name)Date Time 0 AM. 0 P.M. Phone ## Cell #3115 366 Address City Fax # Stale Zip 3117 E-Mail Address ~-' 3119 370 CONTRACTOR REGISTRATION t# (if applicable) BUYER'Slnltials( f)(r )Date ~ SELLER'Slnitials( , - )Date 4-s:-o7TIll. form I. pnnled 8IId d Idaho Auaciatlan of REAL TOR,*, Inc. Thil farm h.. been desiGned "or Ind Is prcyided 01111 professional. who.. menZels of the National......ciatian of REAL TORS4D, USE IIY ANY O'INER PERSON IS PROHIBnaI.Copyrlgrt Idaho A&&acillian of R se. Inc All n;hf& ..&eNld,RE-23 COMMERCIAL PURCHASE AND SALE AGREEMENT JULY 21M EDmON PAGE 70F7 pnnled Using PrDIesolonaJ Compuler Farms Co. On-tine Farms Saltware 08106 AT1lIcHME.JJT I'/J" RE,11 ADDENDUM JULY 2008 EDITION PAGE 10F1 REAll0~" RE-11 ADDENDUM # 3/27/07 (1,3, etc.(5) :.=. Date: THIS IS A LEGALLY BINDING CONTRACT. READ THE ENTIRE DOCUMENT INCLUDING ANY ATTACHMENTS. IF YOU HAVE ANY QUESTIONS,CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. This is an ADDENDUM to the Purchase and Sale Agreement. Addendum" means that the information below is added material for the agreementisuch as lists ordesaiptions) and/or means the form is being usedto change, correct or revise tI1e agreement (such as modification, addition or deletion of a termH. PURCHASE AND SALE AGREEMENT DATED: ADDRESS: BUYER(S): SELLER(S): The undersigned parties hereby agree as follows: 3/27/07 Greenwood Utility System Carrelr and/or assigns Greenwood 10#18073712 LEGAL DESCRIPTION: rp57N03W367951 A: 36-57n-3w tax 10 Sunny Shores Sewer & rp55n02w068721: 6-55n-2w Tax19 Shoreline Systems, Coco lalla & RPO0625003002CA: 16-56n-2w Algoma Addition Blk 3 Lots 4 Algoma Sewer & rpO06250030WLoa; 16-56n-2w Algoma Addition Well Lot TCO 09-047- 0222-001 To the extent the te Addendums or Cou,we agree tis m BUYER. BUYER: SELLER: SEllER: ENDUM modify or conflict with any provisions of the Purchase and Sale Agreement induding all prior e terms shall control. All other terms of the Purchase and Sale Agreement Including all prior n t modified by this ADDENDUM shall remain the same. upon execution by both parties, thisf the aforementioned Agreement. Dii .4--/ - Date: Date: 2l--6j- Date: This form Is printed and dlS1ributed the Idaho Association of REAL TORS4D Inc. Thlsfonn has been design8cf for and Is provided only for the real 881ate professionals who aremembers of the National Association of REAL TORse. USE BY /W'( OTHER PERSON IS PROHIBITED.CCo~ Idaho Association of REAL TORS4D, Inc., All rights resetV8d. RE.11 ADDENDUM JULY.:zooa EDmON PAGE 1 OF 1 Prfnlad Using Professional CDlrflUl8r Forms Co. On-Line Forma Softwere 08106 fJrTl1CHhJE:JJT " RE-10 INSPECTION CONTINGENCY RELEASE ADDENDUM , etc. ----- THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING This is an ADDENDUM to the Purchase and Sale Agreement Dated: ADDRESS: Greenwood Utility Systems BUYER: Carrier and! or assignsSELLER: Greenwood 18073712 27- 10#: 1. ITEMS IN NEED OF REPAIR.The SELLER agrees to service, repair or replace, in a good and workmanlike manner, the followingitems on or in the property prior to closing, as set forth in the Purchase and Sale Agreement. BUYER reserves the right to have only the items which are specifically set forth in this paragraph reinspected prior to closing to satisfy the BUYER that such servicerepair or replacement is acceptable to the BUYER. BUYER shall not unreasonably withhold acceptance of such service, repair orreplacement. ) The Sunny Shores community sewer system is in need of two repair items: ) Filter system installed on manhole cover! cost for installation approximately $1,500.) Broken pipe at drain field! cost for repair approximately $2 500. Seller to reduce total purchase price to $161 000. 2. WAIVER OF FURTHER INSPECTIONS AND REMOVAL OF INSPECTION CONTINGENCY.BUYER has made an inspectionof the property or has had the property inspected by inspector(s) chosen by the BUYER. BUYER hereby confirms and asserts that such inspection(s) was/were performed in a diligent, prudent, thorough and competent manner and that such inspector(s) was/were qualified to inspect the property. Further, BUYER hereby confirms and asserts that BUYER has completed all inspectionsinvestigations, tests, surveys and has reviewed all applicable documents and disclosures. Excepting only those items specificallyset forth in Paragraph 1 above, BUYER hereby elects to proceed with the transaction and hereby waives the right to further inspection of the property (except for any finaf walk through inspection provision set forth in the Purchase and Safe Agreement) and removes the BUYER'S inspection contingency. To the extent the terms of this ADDENDUM modify or conflict with any provisions of the Purchase and Sale Agreement including allprior Addendums, these terms shall control. All other terms of the Purchase and Sale Agreement including all prior Addendums, orCounter Offers not modified by this ADDENDUM shall remain the same. The herein agreement, upon execution by both parties, is made an integral part of the aforementioned Agreement. BUYER: BUYER: Date: Date: SELLER: SELLER: Date: Date: This form is prinled and distributed by the Idaho Association of REAL TORSGD, Inc. This form has been designed and is provided for use by the real estateprofessionals who are members of the National Association of REAL TORSGDUSE BY ANY OTHER PERSON IS PROHIBITED OCopynght Idaho Association of REAL TORSGD, Inc. All rights reserved, RE-10 INSPECTION CONTINGENCY RELEASE ADDENDUM. JULY 2006 EDITION PAGE 1 of 1 Printed Using Professional Computer Forms Co. On.Une Forms Software 7/06 /JrrAC-Hfil6JJr 11j)11 .;!.. . . - . n O .. 04-20-07jO7;21AM:: LOh2G33~iiB 21 Rs-. 10 INSPECTION CONTINGENCY RELEASE ADDENDUM' (1.3. etc. YWllIIALI!CW.lY -CQIOUCT...IWJ TMI I'"'" DQCUMIKT.IICI.UI*B." ATTACtWENTS 11'1'01.1 HAil! Nft QIII!~ cOl8UL' 'lOUI AT'N8IIIW ...... "GGIIUIrTAIIT IIFOAI 8IPI1NCI. 1..21..07 IDI!-ThillII 8ft ADD8IDUM liD ". Puw- .... AtiWft-c....: ADDIU:88: O.-nwaad ualftv av-.. IIlM!II: c.ri8r 8"111 Dr aaaIan. 1ELUiR: Gh..iI.a..aad 1187:1712 ~",o .,' t. 1TIi- .. IlllIJ;b OP HIt....'TIlt 8ELLIR ..... tD --III, ,.. fit""'" In . aClDd .Md 1ftMIW. Ihe .. on at In .. ~ - tilt ...... . - fDrth In th8 flu..... ... ... Ag--m. 8UYER I'88MIII ,.. tWIt 10 have ..., ttI8 ...... _lid aN ..,......., ... fofth '" a.18 ,.....,h """"-' -... aIaIlng to aatIIfV the BUYER that such HMoe. repa1r ......rtI8ftt II Ita..,.,. ... .. IlUY'E!R. BUVER IMII not Ul\f8lUMlla1y IIIIIIIIIICIId .~c::e of ludlMrVIQ8. M81r or I r1 I ,WIIIt. 118 ~""-'o ' 2...~ _1IU1i'IIIIQI!J_..~ .,.,." .IiM~"""'~GF ~TIDIi~9'~.'UYER hU "'.. an Intp8C1Uon _lie or ,.. .... fill "...., """'" bV Irw. n1(8)--n ~ ... 1U'tER. IUVER h8tdy InII ...em 1111' ,lICIt In.,..nee) """" p8IfcInI\8d In . dlllIIMo pnacI8n8. ...,1tI IftII ""-1\4 maM8t 8nd UWI 8uchlnllfl8dal(l) W88/MnI aD 1nIP8It .. pNp8ftY. fUItMr, IU't1!ft aantIr'IM 8nIt ....". ht .UTeR '* c;omplNd 811 \ntp8Glan8, In~ .....,. ..-. 8IIMWI 8nd ... 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A-rrIJCH~EIJ-r APPLICATION TO THE IDAHO PUBLIC UTILITIES COMMISSION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A WATER UTILITY IN THE STATE OF IDAHO Name of water company ,Ii 1...66 q Tet2.. re fV\ Name of primary contact person :::ION-.) B e iT Title fX:o 6EPt;:f?.. Telephonenomber(s) ('Il 8')()b3-gqi..fG" Mailing address d. DiP JJ, i.f t;;k. II V E :#-1 ie, City 5'A IJDPol AJr State Street address il J 1'/11 !?;,.hx.VA) uJ/lf City 5'4 OllU State Email J"o 1J 5 ~ttIJOPOI NT. Type of business organization PR'O Pie, CTCJI!S II (Corporation) (LLC) (Partnership) (proprietorship) 12. Zip 'if 8' X"3&t:. Zip '. In what state is the company organized?iPAffD Is, the compa..y registered with the Idaho Secretary of State and authorized to do business in Idaho? Yes Attach copies of applicable by-laws, articles of incorporation and/or other organizational documents on file with the Idaho Secretary of State. Ca2:t-IFtMTE OF AQ;U/IJEO lBu.ii/v'AJI1/ije-, Are there any affiliated companies with which the water system shares office space, employees, expenses or provides services to the water system? Y e~) If yes, attach a detailed description of the relationship. Attachalegaldescription for the certificated area to be served and a map ifavailable. g\J f?J~ rg1 10. 11.Attathasystell1 map of the area showing the location of wells, r..eservC)irs~w;(tetlines~boosterpumps, valves, etc. Show location and naD1~s of~p~lJ~ic)1tilities, corporations, or persons with which the utility willli~eJy colIlpete. ' " At_tb4helDost recent DEQ Sanitary Survey (if applicable). 0'\J Certified operatorwUl be RO(ttf2-TNAVSeu UfiTE:RSVSfeM jYfc., IIJC'13~ 14.Is th~syst~nl,app~oved by the I~ah D~ment of Environmental Quality (DEQ) or local health dlStnct?~lNo 15.. Attach information showing the water rights owned by the water utility. 16~"Atmehth:eanticipatedschedule Deconstruction including proposed dat~ to beginproviClmg service.0" iJjA 17. 18. Attach the estimated cost for utility construction and statement of anticipated annual maintenance costs. Attach a statement ofthe manner in which the applicant proposes to finante new utility construction. 19.Number of customers currently connected to system. Residential ~ommercial 0 20.Number of customers ultimately to be served by the system. Residential ~ommercial 21.Attach monthly consumption data for the customers currently connected to the water system. NOT 00 ME:TE;2S 22.Attach a description of proposed rates and charges. Note: Separate rates between residential customer rates and commercial custow,errates. Typicallywat~r rates are either a flat monthly charge regardless ofthe amount of water consumed or a metered rate with a basic charge that includes a block of water (OOOs of gallons or OOs of cubic feet) plus a commodity charge for consumption in excess of the initial block included in the basic charge. 23.Attach a set of detailed tinancial statements (income and balance sheet) for the most recent three years for the water system (one or two if new company) or a detailed budget for a new system with no financial history. LJ'J 24.Attach a list of current customers and mailing addresses. 25.You are required to inform your customers (if any) of the Application. o..J It)/;;, o..J /J(A o..j ;J /11 0-.J The notice should briefly describe the service area and proposed rates. It shouldinelude the Commission s phone number (208) 334-0300 and mailing address: ~ommission Secretary, Idaho Public Utilities ~ommission, PO Bot 83720, Boise, Idaho 83720-0074. Bavethe existing customers been notified? &'NoIf yes; attach a copy ofthe Notice. If no, attach an explanation. 25.tbCMA (iJA- TEr2- (~ompany name) Attach samples of Bill statement Reminder Notice - Termination of Service Final Notice - Termination of Service Rules Summary Utility's General Rules and Regulations i:umisclwater helplSmall Water Company - Filing an Application cg1 84, 228 CANCELLATION OR AMENDMENT OF CERTIFICATE OF ASSUMED BUSINESS NAME (Please type or print legibly) To the SECRETARY OF STATE , STATE OF IDAHO Pursuant to Section 53-507 and 53-508, Idaho Code , the undersigned gives notice of the action(s) indicated below: 1. The assumed business name is: Algoma Water 2. The assumed business name was filed with the Secretary of State s Office on 12-as file number 071208 3. Cancellation. The persons who filed the certificate no longer claim an interest in the above assumed business name and cancel the certificate in its entirety. 4. The assumed business name is amended to: 5. The true names and business addresses of the entity or individuals doing business under the assumed business name are amended as follow: Add: Delete: Name: Address: Box 751 Sandpoint, Id. 83864Paul Greenwood Robert J. Carrier Box 751 Sandpoint, Id. 83864 The type of business is amended to read: Retail Trade Manufacturing Transportation and Public Utilities Wholesale Trade Agriculture D Finance, Insurance, and Real EstateServices 0 Construction Mining The name and address to which future correspondence should be addressed is changed to read: Robert J. Carrier P.O. Box 751 Sandpoint, Idaho 83864 8. Name and address for this acknowledgment copy is: Paul Greenwood 22310 Romar Secretary of State use only Chatsworth, Ca. 91311 :~:~:u Capacity: Owner (see instruction # 9 on back of form) ,!!I II: ..+-1\7 -f' '" DetailPrint Bonn., County Po"",' Info'mollon Parcel ID # RPOO6250030WLOA Owner Owner: GREENWOOD, PAUL Owner Address Mail Name: GREENWOOD, PAUL Mail Address: 22311 ROMAR ST CHATSWORTH, CA 91311 Property HWY 95 Address: Property Zip: 83860 Assessor Information Parcel ID#: RPO06250030WLOA ~$, ?9~,~~~f~,LG~,tJ1d~;~g~lnofi,~,~!$h(44~DTCO 09-04-0222-001 iQt$61;i~t Tax Code 800000 Area: Property SW Code: Deeds: 698283 WD ,595715 WD ,578501 D ,511023 WD , Assessed $ Value: Improvement $ Value: Land Value: $ Taxes: $0. Assessor Categories Category Quantity Unit 3 AC Total Acres: 0. Sandpoint Title 120 South Second Avenue Sandpoint Id. 83864 Tel: (208)263-2222 Fax: (208)265-4040 Value Exemption Value Total Value: $ Improvement Characteristics http://propertyspace.netJID bonnerdetail. aspx?P IN=RPO062 5 003 0 WLO A Page 1 of 2 5/30/2007 ::Ji: I 0 "....-..-,.........,. ........,-........,,===,==,~,~.==,..,,=_...- ~llTT7l ~f,,::l?-- ":" r"::' ~""'~" "--,-,... . l~""" U:=J ; ., z"""'i( ,- ""'---'-."-."-....!:j I!! i~~.S" !~I.s.fi h:g ;~~; fin i'~ ~~h ----....,.....-...-..-...--""..",-.,: ;j ;::, ; ~ r '" t i::'a --.-..-._..,- 23 8 1 , . ;:: : " ' '1 ' - 7 9 22 ' ' 23 6 . "2 ' "3 , " . T- l 0 T- l l '" . J2 8 ' SE l l '1 ' - T- 9 .y ~ 13 DR ~ 1 N C; ~ O N -- - - DE C K E R ( 8 9 9 0 ) I 9 9 0 1 J T.. .LE S S T.. r 9 4 3 5 ) ~ ' 1 ' - 2 8 0" ' " ' . , . , . , , " 0" 0 0 'G O ' .. . . -t l 8 7 1 OJ _ no ' S " . O J ' " '0 . -- - ALGOMA ADDITION SUBD PWS #IDIO90001 Report on Quality of Drinking Water in 2006 The federal Safe Drinking Water Act requires that all community drinking water systems must provide customers an annual report of the quality of their drinking water. This report is a summary of the quality of Algoma Addition Water for calendar year 2006. Included are details about where the water comes from, what it contains, and how it compares to EP A and Idaho standards. All Algoma Addition Water facilities are privately owned and operated. Bob Hansen of Water Systems Management, Inc. operates our drinking water system. For further information about your water system (PWS #101090001), call Bob Hansen at 265-4270. E- mail: wsmibob(7!?.aol.com. Our Water Corporation contacts are: Bob Hansen for water system and operation information at 265-4270 or Joan Brittain for billing information at 263-8946. Your water is provided by a Groundwater Source located along with the well house and storage reservoir on a well lot near the entrance to the subdivision. Last year, we conducted tests for, bacteria and nitrate. We had detects of some contaminants which are listed in the tables on page three. Definitions and abbreviations used are listed below: Maximum Contamination Level (MCL): The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety. Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water. Algoma Addition Subd Water Quality Report, 2006 Action Level: The concentration of contaminant, which if exceeded, triggers treatment or other requirements which a water system must follow. Maximum Residual Disinfectant Level (MRDL): The highest level of disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. Maximum Residual Disinfectant Level Goal (MRDLG): The Level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLG's do not reflect the benefits of the use of disinfectants to control microbial contamination. Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants people with HIV/AIDSor other immune system disorders, some elderly, and infants can particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EP A/Centers for Disease Control and Prevention (CDe) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline 800-426-4791or http://www.epa.gov/safewalcr/hotline/. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency s Safe Drinking Water Hotline 1-800-426- 4791 or htlJ2Jiwww.ep~ov/safewater/hotlil1e/. Page I of 3 dtJ~ The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. In order to ensure that tap water is safe to drink, EP A prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water which must provide the same protection for public health. Contaminants that may be present in source water before we treat it include: Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants septic systems agricultural livestock operations, and wildlife. Inorganic contaminants, such as salts and metals which can be naturally-occurring or result from urban stormwater runoff, industrial, or domestic wastewater discharges, oil and gas production mining, or farming. Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stonnwater runoff, and residential uses. Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations urban stonnwater runoff, and septic systems. Radioactive contaminants, which can naturally-orrurring or be the result of oil and gas production and mining activities. Water Quality Monitoring has been conducted on a regular basis in compliance with all Federal, State and Local monitoring requirements. Algoma Addition Subd Water Quality Report, 2006 The Department of Environmental Quality (DEQ) continues to maintain a waiver program for Inorganic Chemical (laC), Yolatile Organic (YOC), and Synthetic Organic (SaC) compounds monitoring. These waivers help to reduce some of the financial burden placed on public water suppliers by testing which would nonnally be required by the Safe Drinking Water Act. The DEQ has perfonned numerous risk analyses to determine the potential for various chemical contaminants to be present in Idaho. The DEQ office has detennined that few of these chemicals pose a risk of being present in drinking water sources in the northern region of the state and that waivers would be appropriate. The State of Idaho Department of Environmental Quality has completed the Source Water Assessment for Algoma Addition Drinking Water System. The water system received a low susceptibility score for potential contaminants. A Source Water Protection Plan for the Algoma Addition Drinking Water System is not available. For additional infonnation, or a copy of the Source Water Assessment Report, please feel free to contact, Bob Hansen at (208) 265-4270. E-mail: wsrnibob~,aol.com. Page 2 jj I 'J.. AL G O M A A D D I T I O N SU B D 20 0 6 W A T E R Q U A L I T Y DA T A RE P O R T Na t u r a l l y p r e s e n t i n t h e e n v i r o n me n t Hu m a n a n d a n i m a l f e c a l w a s t e 12 / 0 4 5 s a m p l e s 12 / 0 4 5 s a m p le s Le a d Co o v e r 1. 3 1. 3 Co r r o s i o n o f h o u s e h o l d p l u m b i n g sy s t e m s : E r o s i o n o f n a t u r a l d e p o s i t s . Co r r o s i o n o f h o u s e h o l d p l u m b i n g s) " s t e m s : E r o s i o n o f n a t u r a l de p o si t s . Ni t r a t e Al g o m a A d d i t i o n S u b d Wa t e r Q u a l i t y R e p o r t , 2 0 0 6 Ru n o f f f r o m f e r t i l i z e r u s e ; L e a c h i n g fr o m s e p t i c t a n k s , s e w a g e ; E r o s i o n of n a t u r a l d e p o s i t s . Pa g e 3 o f 3 ALGOMA WATER COMPANY O. Box 751 Sandpoint, ID 83864 Emergencies: (208263-9166 Billing: (208) 263-8946 May 21 2007 Idaho Public Utilities Commission O. Box 83720 Boise, ID 83720-0074 Subject: Unmetered Rate Increase To Members of the Commission: We are submitting this request for a rate increase of the Algoma Water Company along with the Application for Approval of Sale of the Algoma Water System. Increase the flat rate commercial rate from $28.15 per month to $40.00 per month. Increase the flat rate residential rate from $17.59 per month to $30 per month. It has been many years since there has been a rate increase. There have been ongoing repairs during the last two years. In 2006 over $3 000 in repairs was done. This year a major repair to the main water line was done costing nearly $800. The monthly sales at the current rate total $538.29 (21 residential at $17.59 = $369. and 6 commercial at $28.15 = $168.90). The monthly expenses for management, lab testing fees, power, and bookkeeping average approximately $450. This does not allow money to be set aside for major repairs. We hope that you will grant this request along with the approval of the sale of the water system. YO= A?2 Robert J. Carrier Owner ~/)r' ex, J.. 6:39 AM 05/17/07 Algoma Water Service Balance Sheet As of December 31, 2006Accrual Basis ASSETS Current Assets Checking/Savings Panhandle State Bank - Checking Total Checking/Savings Accounts Receivable Accounts Receivable Total Accounts Receivable Total Current Assets Fixed Assets Distribution Mains Pumping Equipment Reservoirs & Standpipes Structures & Improvements Wells and Springs Total Fixed Assets Other Assets Land Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Loan from Northern Utilities Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity Opening Bal Equity Net Income Total Equity TOTAL LIABILITIES & EQUITY Dec 31 , 06 122, 122. 124. 681.48 332. 068. 764. 594. 7,441. 134. 134. 700. 544. 544. 544. 544. 741. 586. 155.41 700. Page 1 ~3- 6:37 AM 05/17/07 Algoma Water Service Profit & Loss January through December 2006Accrual Basis Jan - Dec 06 Ordinary Income/Expense Income Sales - Algoma Water Sales - Algoma Water Service Total Income 5,422. 258.45 680. Expense Bank Service Charges Lab Testing Fees Licenses and Permits Maintenance Management Non Sufficient Funds Professional Fees Accounting Fees Utility Consultant Total Professional Fees Repairs & Maintenance Equipment Property Maintenance 91. 146. 200. 1,423. 583. 492. 075. Total Repairs & Maintenance Taxes Property Tax Total Taxes 4,431. 134. 565. 544.40 544.40 Utilities Gas and Electric Total Utilities 221. 221. Total Expense 266. Net Ordinary Income Other Income/Expense Other Income Other Income Total Other Income 586. Net Other Income Net Income 586. Page 1 ~3-A 10:45 AM 02/12/06 Algoma Water Balance Sheet As of December 31 , 2005I.ccrual Basis Dec 31 , 05 ASSETS Current Assets Checking/Savings Panhandle State Bank - Checking Total Checking/Savings Accounts Receivable Accounts Receivable Total Accounts Receivable 329. 329. 385. 385. Total Current Assets Fixed Assets Equipment Total Fixed Assets 714. 35,424. 35,424. TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Northern Utilities. Loan Total Other Current Liabilities 138. 222. 222. Total Current Liabilities Long Term Liabilities Note - Panhandle State Bank 222. 305. 305.Total Long Term Liabilities Total Liabilities Equity Opening Bal Equity OWner's Capital Draws 528. / 4 728. 000. 000. 897. 1,778. 610. "" 36 138. -----.,, ' Total Owner s Capital Retained Earnings Net Income Total Equity TOTAL LIABILITIES & EQUITY , Y~GL- , . )Jc J) ,~, 0;Ct\ )4iY; .. ' ) JliL . I; f\P\ ~, : ' .ifl"v ,v..., ifl'(7-""~v\'i : :)1.::' ): ' Ie ,-f..' )) U Nfl dX1f ;('(p./ 0V ,.j~4 r/f I jft 4JAJ'1~0 ,~h!11)'(jII'Jr yY OK) v , l)1:: :;;, ~f(Jl) Page 1 ~3- \ccrual Basis Algoma Water Profit & Loss January through December 2005 10:58 .12/12/06 Jan - Dec 05 Ordinary Income/Expense Income Sales - Algoma Water Uncategorized Income Total Income 662, 662. Expense Bank Service Charges Bookkeeping Service Interest Expense Loan tnterest Total Interest Expense Lab Testing Fees Late Fees Licenses, Permits & Fees Maintenance Office Supplies Professional Fees Utilities 96. 350. Total Expense 2,468. 2,468. 296. 250. 050, 50. 176. 137. 884. Net Ordinary Income 1,778. Net Income 778. Page ~ ~3- :42 AM 2/14/05 Algoma Water Profit & Loss January through December 2004,jcJsh Basis Jan - Dec 04 Ordinary Income/Expense Income Sales - Algoma Water Total Income Expense Bank Service Charges Interest Expense Loan Interest Interest Expense - Other Total Interest Expense Lab Testing Fees Late Fees Licenses, Permits & Fees Maintenance Office Supplies Professional Fees Property Taxes Repairs - Equipment Utilities 930. 930. 80.00 \' 546.46 38. 584. Total Expense 337.50./ 23. 405,00 . 125.00V 83.lOV 964. 044, 700.40'" 1,497.38 v 846. Net Ordinary Income 915. Net Income 915. Page 1 23- 41 AM Algoma Water Balance Sheet As of December 31, 2004 ~/14/05 ash Basis ASSETS Current Assets Checking/Savings Panhandle State Bank - Checking Total Checking/Savings Total Current Assets Fixed Assets Equipment Total Fixed Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Northern Utilities - Loan Total Other Current Liabilities Total Current Liabilities Long Term Liabilities Note - Panhandle State Bank Total Long Term Liabilities Total Liabilities Equity Opening Bal Equity Owner s Capital Draws Total Owner s Capital Net Income Total Equity TOTAL LIABILITIES & EQUITY Dec 31, 04 332, 332. 332. 35,424. 35,424. 35,756. 2,472. 2,472. 2,472. 33,681. 681. 36,153.49 517. 000. 000. 915. 397. 35,756. P::tap. 1 .._"'- . (13-c.. 8:48 05/17/07 Arndt Authier Campbell Childress Cordle Damstrom Ford Frets Groom Hofer Howk Idaho Granite Keeton Lana Kay Realty McCoy Moore North Idaho RV Olson Palmer Pelz Roeder Sagle Senior Schwerin Scott Thompson Wilson Algoma Water Service Customer Contact List May 17, 2007 Customer Bill to ~e&aG +a:Q Page 1 daY Algoma Water Company O. Box 751 Sandpoint ID 83864 Emergencies: (208) 263-9166 Billing: (208) 263-8946 CUSTOMER NOTICE June 1 2007 Dear Customer of Algoma Water: An application has been filed with the Idaho Public Utilities Commission (IPUC) for approval ofa sale of the Algoma Water Company to Mr. Robert J. Carrier. Mr. Carrier intends to retain local qualified and licensed professionals to operate and maintain the water system. The application is on file with the Idaho Public Utilities Commission. You may read the application on the IPUC Web Site (puc.state.id.us). A copy is available for your review at the office of Joan Brittain, make arrangements by calling her at (208) 263-8946. Should you wish to make comments to the IPUC regarding this application you may do so on line at the Commission s web site or write to them at: Idaho Public Utilities Commission O. Box 83720 Boise, ID 83720-0074 (208)334-0300 Sincerely, Algoma Water Company 1f'l.S Algoma Water Service Statement O. Box 751 Sandpoint, ID 83864 Date 5/1/2007 To: 81 -k~!IJlf. :: - 111 --.-", Sagle, ID 83860 Billing Questions: Joan Brittian (208) 263-8946 Amount Due Amount Enc.Emergencies: Deal Pump & Electric (208) 263-9166 $67. Date Transaction Amount Balance 12/31/2006 Balance forward 79. 01/01/2007 INV #433. Due 01/16/2007.17.59 96. _n Residential $17. 02/01/2007 INV #460. Due 02/16/2007.17.114. --- Residential $17. 03/01/2007 INV #487. Due 03/16/2007.17.131. 90 --- Residential $17. 03/ I 8/2007 PMT #757.100.31.90 04/0 I /2007 INV#515. Due 04/16/2007. 17.49.49 --- Residential $17. 05/01/2007 INV #541. Due 05/16/2007.17.67. --- Residential $17. CURRENT 30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount DueDUEDUEDUEPAST DUE 17.59 17.17.14.$67. :f1 cZE,' Algoma Water Service O. Box 751 Sandpoint, ID 83864 Bill To lIt . ~ . Ponderay, ID 83852 leI ay. ,0.Item frr Uti Residential Monthly water service flV ,1 C\ :nc' l;r IS. .y, TIC' : is 01\ (IN yo, Description Please make checks payable to Algoma Water and remit to above address. Billing Questions: Joan Brittain (208) 263-8946 Emergencies: Deal Pump & Electric (208) 263-9166 Total Date 5/1/2007 Terms Net 15 Rate 17. Invoice Invoice # 551 Due Date 5/1612007 Amount 17. $17. :0; ;~ ';-j2.. Algoma Water Company O. Box 751 Sandpoint, ID 83864 Emergencies: Deal Pump & Electric - (208) 263-9166 Billing: Joan Brittain - (208) 263-8946 INITIAL NOTICE Date Customer Address Ponderay, ID 83852 Dear: Our records show that your account is past due. If we do not receive full payment of $1 0 1.44 by the end of 7 days from this letter, we will have to terminate water service. These rules are prescribed by the Idaho Public Utilities Commission. Algoma Water Company will delay termination of service to a residential customer for 30 days due to medical conditions. A medical certificate from a licensed physician or public health official will be accepted. It must state the termination of water will aggravate the existing condition or create a medical emergency. This certificate must be signed by the person diagnosing the medical condition. If you disagree with the termination, you may file a complaint with our office in writing and request a meeting. The company will review your complaint and send you written results. If you are not satisfied you may ask the Idaho Public Utilities Commission to review the matter. The address is IPUC Consumer Assistance, P.O. Box 83720-0074 or call 1-800-432-0369. Service will not be disconnected while the dispute is under review by either Algoma Water or the IPUC. ALGOMA WATER IS WILLING TO MAKE PAYMENT ARRANGEMENTS TO HELP ANY CUSTOMER HAVING PROBLEMS PAYING THEIR WATER BILL. HOWEVER, THE CUSTOMER WILL HAVE TO MAKE PAYMENT ARRANGEMENTS PRIOR TO THE TERMINATION DATE ON THIS LETTER. If service is terminated there will be a reconnection fee of $25. Thank you for your prompt attention to this matter. Robert J. Carrier, Owner Algoma Water Company ~~-D Algoma Water Company O. Box 751 Sandpoint, ID 83864 Emergencies: Deal Pump & Electric - (208) 263-9166 Billing: Joan Brittain - (208) 263-8946 FINAL NOTICE Date Customer Address Ponderay, ill 83852 Dear: We are sorry, but unless we hear from you by noon Friday, Date, your water service will be terminated without further notice for nonpayment of your water bill. Please call Joan Brittain at (208) 263-8946 immediately regarding your delinquent bill of $75.90. PAYMENT ARRANGEMENTS CAN BE MADE BY CONTACTING JOAN. In the past we have tried to work with you regarding payments, but you have not followed through. However, once water service is tenninated, payment will be collected in full. Please be advised that tennination of service will be postponed for only 30 days after receipt of the following: 1. A certificate by a licensed physician or public health official which states that tennination of service will aggravate an existing medical condition. You must make payment arrangements prior to the expiration of the postponement. 2. An infonnal or fonnal complaint concerning this action may be filed with the Idaho Public Utilities Commission, P.O. Box 83720, Boise, ID 83720, phone number 1-800- 432-0369. Thank you Robert J. Carrier, Owner Algoma Water Company :#=as- Algoma Water Company O. Box 751 Sandpoint ID 83864 Emergencies: Deal Pump & Electric (208) 263-9166 Billing: Joan Brittain (208) 263-8946 SUMMARY OF RULES AND REGULATIONS OF THE IDAHO PUBLIC UTILITIES COMMISSION GOVERNING RELATIONS FOR CUSTOMERS OF SMALL WATER COMPANIES. Algoma Water Company may disconnect water to a customer with adequate notice for the following reasons: 1. Non payment of past bills. Bills are considered past due 15 days after billing date on mailing label.2. Failure to abide by the terms of a payment arrangement or presentation of a non- sufficient funds check for a payment arrangement.3. If a customer misrepresents his/her identity to obtain service.4. Violation of any other rules of the utility on file with the IPUC.5. Non-sufficient funds check presented personally in order to forestall disconnection. Termination without prior notice can occur if: 1. An emergency situation exists which endangers life, physical safety or personal property. 2. Algoma Water Company attempted to contact a customer twenty four hours prior to disconnection and was unable to reach the customer.3. Service is obtained, diverted or used without authorization or knowledge of the utility. PAYMENT ARRANGEMENTS CAN BE MADE BY CONTACTING JOAN BRITTAIN AT (208) 263-8946. If a medical emergency exists or there is someone in the household who is seriously ill, disconnection can be postponed 30 days if Algoma Water Company is presented with a certificate signed by a licensed physician. After the 30 days are up, however, payment arrangements must be made or the past due bill must be paid in full. Algoma Water Company can collect a de osit if at any time we believe that a customer is a credit risk or a risk to property exists. If you have a complaint concerning any billing or policies of Algoma Water Company, please contact Joan Brittain at (208) 263-8946. We will investigate and try to resolve the conflict. However, if you are still dissatisfied you may contact the Idaho Public Utilities Commission at: IPUC, Post Office Box 83720, Boise, ID 83720-0074 or call 1-800-432-0369. Our current rates are Residential: $17.69 per month; Commercial: $28.15 per month. There will be a reconnection fee of $25 if service is terminated. Also, a deposit equal to two monthly payments will be required to restore service. :t1J5- .., --~-----,---~-_.. -----...,..-.---,.-, , ,' ,..- _.._._-~-_..._, ... -----,._-----,-------------,_.._._----_..,- ,-,._. _.~_......,.., Tariff No.IDAHO PUBLIC UTILITIES COMM SSlaNAPPROVED EFFECTIVE C. No. Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company MAV 6 - P-e/\ . ro, ;;)C10\3 ~ ~ SECRETARY (Approval Stamp) MAY 6 - Cancelling Name of Utility GENERAL RULES AND REGULATIONS TABLE OF CONTENTS RATE SCHEDULE PAGES GENERAL RULES AND REGULATIONS DEFINITIONS .. 2 SERVICE FOR NEW CUSTOMERS 3 - 4 DEPOSITS RATES BILLING AND PAYMENT 4 - 5 METERING 6 - 7 CUSTOMER PLUMBING AND APPLIANCES 7 - 8 INSTALLATION OF SERVICE CONNECTIONS 8 - 9 10. REPLACEMENT OR ENLARGEMENT OF SERVICE CONNECTION 9 - 10 11. DISCONNECTION AND RECONNECTION OF SERVICE 10 - 11 12. EXTENSION OF WATER MAINS 13. MISCELLANEOUS 11 - 13 Issued 2002 Effective 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company Title President :i:I'?-,.S"~tlt61~ , n.. ____..---,--..__oo,--- ~,-,---,,----,,--, ,-_oo_ - ---..-..---- -------oo----,--_uo,---,---,- - -.. IDAHO PUBLIC UTILITIES COMMISSION APPROVED EFFECTIVETariff No.Page MAV 6 - MAY 6 - '?~_ rU. .;19613 t--&l\~ SECRETARYName of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company (Approval Stamp) GENERAL RULES & REGULATIONS FOR SMALL WATER UTILITIES 1 . GENERAL The Customer , ln recelvlng water service, and the Company, in providing water service , both agree to abide by these Rules and Regulations. 1. 2 1. 3 In the event that there is a conflict between the Company I s Rules and Regulations and the Rules and Regulations Governing Customer Relations of Gas Electric, and Water Public utilities under the Jurisdiction of the Idaho Public Utilities Commlsslon, the Rules and Regulations of the Commisslon shall take precedence unless an exception has been granted. Any additions, deletions or modifications to these General Rules and Regulations are to be made in the If SpecialProvislonslf section attached as Attachment 1. Anysuch changes are subj ect to approval by the Commisslon prior to becoming ef fect i ve 2 . DEFINITIONSBillin Period - the period of time between bills from the Company for normal services rendered. Issued Commlssion - Idaho Public Utilities Commisslon. Commodit Char e - Recurring charge based only on the quantity of water used. - water company. Connection or Hook-Fee - non-recurring charge paid by a Customer requesting service for partial or full recovery of the C8ffipany I s cost of providing a new service connection. 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company By c--'"Title President ft25 4fi- ..' 'nnn__'__~.-_____,nn.. IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVE Tariff No.Page MAY 6 - MAY 6 - PW\ .JU- dqOf"?;) .n. SECRETARY (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company Issued Contribution in Aid of Construction - non-recurring charge paid by a Customer or Developer to help defray the cost of system expansion. Customer - a person , business or government agency responsible for paying bills and complying with the rules and regulations of the company. Customer Char e - minlmum recurring charge that does not include any water. Fixed Rate - a recurring charge of a fixed amount, usually in an unmetered system. Franchise Tax - tax imposed on a Company by a governmental entity for the privilege of doing business within itsboundaries. Minimum Char e - mlnimum recurrlng charge for a billing period that may or may not include a specified quanti ty of water. Non-recurrin Char es - charges that are not assessed each billing period. Premises - a Customer I s property including out buildings which are normally located on one lot or parcel ground. Rate Structure .. a schedule of all recurring and non-recurring charges of the company. Reconnection Fee - charge paid by a Customer to the Company to restore service after its disconnection. Recurrin Char es - charges that are assessed each billingperiod. Tariff - rate schedules and Rules and Regulations that govern the Compa~~~ s service. 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company By c-: -::: Title President ~a5 ~- '_,_uoom._- _._--~.~----_._--~._--- ._-,~~--,---------,.._,. IDAHO PUBLIC UTILITIES COMM1SSl0NAPPROVED EFFECTIVETariff No.Page MAY 6 - 02 MAY 6 - P -.wi . o.r\) . -;;J q 0 r3 ~lfl~ SECRETARY (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company 3 . SERVICE3 . 1 The FOR NEW CUSTOMERS Company shall furnish service to applicants within its service area under the jurisdiction of the Idaho Public Utilities Commission in accordance with rates and Rules and Regulations approved by the Commission. Applicants for water service may be required to sign a standard form of service application. The Company shall not be obligated to provide service at a service location until any required deposit or guarantee of payment has been received by the Company in accordance with the "Rules and Regulations Governing Customer Relations of Gas Electric and Water Public Utilities under the Jurisdiction of the Idaho Public Utilities Commission" attached and referred to herein as Utility Customer RelationsRules (UCRR). Special contracts may be required where large investments in special facilities are necessary to provide the requested service. The Company may require contribution toward such investment and establish such minimum charges as are deemed necessary. All such contracts are subj ect to the approval of theCommission. The Company reserves the right to place limitations on the amount and character of water service it will supply and to refuse service to new Customers if in itsopinion: (a)The Company is required to refuse or limit service by regulatory authorities having jurisdiction over the Company. (b)The requested service installation is of larger size than is necessary to properly serve the premi ses . Issued 2002 Issued by 2002 Effecti ve Christopher and Kate Neu and Larry and Colleen N$u dba Algoma Water Companyc-~ -Title Pres ident dI:- ~ 5"" ~- ..._.u_ _.... Tariff No.IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVEPage MAV 6 - MA\' 6 P.Q/\ -f\). :;2.0,0\3 t"' dl~ SECRETARY (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company (c) (d) (e) (f) The permanency of the building, structure, or institution requested to be served is such that the Company's investment in such service isjeopardized. The depth of the Customer t s service line is less than the minimum depth required for frostprotection. The Customer's proposed service, main or other appurtenance does not conform to good engineering design or meet the standard specifications of the Company. The Customer refuses to agree to abide by the Rules and Regulations of the Company. If the Company denies service to a potential Customer for any reason, it will immediately provide the applicant with a written explanation of its decision in accordance with UCRR. 4. DEPOSITS Rules and Regulations regarding deposits to guarantee payment of bills can be found in Rules 101-109 UCRR. 5 . RATES Rates charged for water service and supply shall be those published in the Company s tariff and approved by the Idaho Public Utilities Commission. 6 . BILLING AND PAYMENT All Customers will be billed on a regular basis as identified on the applicable rate schedule. If the system is metered , the Company shall try to read the meters prior to each billing unless specified differently on the ~pplicable rate schedule. If theCompany's meter re~der is unable to gain access . , Issued 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company Title President :\F A-t:r /) r-'" ~ - if' :::, . .. t. . . . , n____ ,...,---_......, Tariff No. IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVEPage MAV6- '02 MAY 6 - P-tA ,fl). ~gO\3 t'Jt\.~ SECRETARY (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company 6.4 Issued to the premises to read the meter, or in the event the meter fails to register , the Company may estimate the Customer I s water consumption for the current billing period based on known consumption for a prior similar period or average of severalperiods. Subsequent readings will automatically adjust for differences between estimated and actual. Estimated bills shall carry appropriate notice tothat effect. All bills shall clearly indicate the balance due and shall be due and payable no less than 15 days after the date rendered. All bills not paid by due date shall be considered delinquent and service may bedisconnected subj ect to the provlsions of UCRR. The minimum bill or customer charge shall apply when service is provided for less than one month. Owners of premises with one or more condominiums, buildings, stores, apartments or any other divisions of like or similar character, all of which areserved from one (1) service connection are responsible for the entire water charges. If the owner desires to cease being responsible for water bills for such places and desires that the occupant of each division shall be responsible for her or her respective bill , such transfer of responsibility will not be accepted or recognized by the Company until the plumbing arrangements of the building or premises are so changed by the owner or his or her agent as to permit the Company, to its satisfaction, to serve each division or occupant separately from the other occupants in the same building. Accounts will be continued and water bills rendered r~gularly until tpe Company has been duly notified to discontinue service. 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company Ti tIe President 1i=a( :;' I. "= - ..,.--.... Tariff No.IDAHO PUBLIC UTILITIES COMMISS'ONAPPROVED EFFECTIVE MAV 6 - 02 MAV 6 - f-e--t .1"\) . "d9al3 Jf). SECRETARY (Approval Stamp) Page Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company METERING (If Applicable) Meters will be installed by the Company near the Customer's property line or at any other reasonable location on the Customer r s premises that is mutuallyagreed upon. The Company 's representative shall be given access to the Customer I s premises at all reasonable hours for the p~rpose of obtaining meter readings. In the event of recurring inaccessibility, the Company, at its option, may relocate its metering equipment at the Customer I s expense. The Company is responsible for the maintenance of its metering. equ~pment. Meters are considered to be sufficiently accurate if tests indicate that meter accuracy is within + 2 percent. When for any reason a meter fails to register within these limits of accuracy, the Customer I s use of water will be estimated on the basis of available data and chargeswill be adjusted accordingly. Corrected bills will then be sent out to the customer and additional payment or refund arrangements made in accordance wi th UCRR. The Company reserves the right to test and/or replace anymeter. Upon deposit of a "Meter Testing Fee" by a Customer, the Company will test the Customer's meter. If the test indicates that the meter over-registers by more than 2 percent, it will be replaced with an accurate meter at no cost to the Customer and the Meter Testing Fee " will be refunded and water bills will be adjusted in accordance with UCRR. At the Company I s discretion, unmetered Customers may be converted to metered service if such transition occurs in a planned , systematic manner without unreasonable discriminations and if the Company has an approved metered rate. Issued 2nni1:"!:\".Effecti ve 2002 !~~! Issued by Christopher and K~~e Neu and Larry and Colleen Neu cilia Algoma Water Cp~any . . C'~PresidentTitle -Mae; ~- (J --,-~ Tariff No. IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVEPage MAY 6 - 02 MAY 6 - . ~-Q/\.ru. d.~()\~ Jtl SEORETARY (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company The Company shall have the right to set meters or other devices without notice to the Customer for thedetection and prevention of fraud. In any building where the meter is to be installed in the basement , the incoming water plpe must enter the basement at least sixteen (16) inches from the riser in order that a meter can be set in a horizontalposition in the basement. All pipes to the different parts of the building or grounds must lead from the riser at least one (1) foot above the elbow. CUSTOMER PLUMBING AND APPLIANCES All plumbing f piplng, fixtures and appliances on theCustomer's side of the service connection shall be installed and maintained under the responsibility and at the expense of the Customer or owner of the premises. The plumbing piplng fixtures and appl iances shall be malntained in conformity with all municlpal f state and federal requirements. The nature and condition of this plumbing f piping and equipment shall be such as not to endanger life or property interfere with service to other Customers or permit those with metered services to divert system water without meterregistration. A stop-and-waste valve must be installed on the Customer ' plumbing in a place always accessible and so located as to permit shutting off the water for the entire premises with the least possible delay. All persons having boilers water tanks or other equipment supplied by direct pressure from the Company I s mains should install a pressure relief valve, or other device to serve the same purpose so as to prevent excess pressure from forcing hot water and/or steam back into the water meter and mains of the Company. Issued 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company c:::::--- ----=:::;0 PresidentTi tIe -4~~~-l?~ Tariff No.Page IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVE Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company MAY 6 - 02 MAY 6 - PeA ' 0,1'\) , ;;2qa 13 .n.~ SECRETARY App~val Stamp) All damage to the Company I s property resulting from failure to properly equip Customer plumbing with a relief valve shall be billed to the Customer. The Company is not obligated to perform any service whatever in locating leaks or other trouble with the customer I s pip~ng. When the premises served by the Company is also served in any manner from another water supply of any kind, an approved backflow prevention device shall beinstalled at the service connection. Water service for either stand-by or other purposes will ,not be furnished until piping and connections are inspected and approved by a representative of the Company. Property owners will not be allowed to connect the water service of different properties together. All of the Customer I s service p~pes and fixtures must be kept in repair and protected from freezing at his or her expense. When there are leaking or defectivepipes or fixtures , the water may be turned off at the option of the Company until the proper repairs are made. 9 . INSTALLATION OF SERVICE CONNECTIONS The service connection ~s the property of the Company and as such , the Company is responsible for its installation and maintenance. It consists of pip~ng,curbs top and valve or meter box and a meter, if the system is metered. The service connection transmits water from the Company's water main to a valve or meter box generally located near the Customer ' property line. All piping, valves or appliances beyond this point are the property and responsibility of the Customer. Issued 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company C-- c:Title President ~as , .-------- Tariff No.IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVE Page Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company MAY 6 - 02 MAY 6 - ~-.RA ,1'\). ~qo 13 ~.n. SECRETAAY (AppPova i Stamp) 10. 10. Issued The Company reserves the right to designate the size and location of the service line , curbstop, meter (if applicable) and meter or valve box and the amount of space which must be left unobstructed for the lnstallation and future maintenance and operationthereof. Where a service connection is desired for a premises on which there is no permanent structure , the Company will install a service connection to said premises only upon payment by the applicant of the estimated cost of said service connect ion. I f wi thin a period of five (5) years from the installation of said service connection a permanent structure is erected on the premises, the Company will refund, withinterest, the difference between any approved new Customer charges in effect at the time of connection, and the applicant's advance. The extra costs of any out-of-the-ordinary circumstances requiring additional equipment or special construction techniques involved in the installation of a service connection will be agreed to in advance by the Customer and the Company. REPLACEMENT OR ENLARGEMENT OF SERVICE CONNECTION Unless otherwise provided herein , the Company shall replace or enlarge service connections at its own expense, as follows: (a)Whenever it is necessary to change the location of any service connection due to relocation or abandonment of the Company s mains; and (b)For commercial or industrial services where the type or volume of ~se has changed and the enlargement will result ~p sufficient increase in annualrevenue to justify the enlargement. 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company By PresidentTitle dl'O 1t:!l- f. l '-'-'-"-_U' IDAHO PUBLIC UTILITIES COMMiSSiONAPPROVED EFFECTIVETariff No.Page MAY6- '02 MAY 6-'02 rQA - 0-1\) . ;;;.'16\3 t-Ifl SECRErARY (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company 10. 10. 1l. 11.1 11. 2 11. 3 The relocation , enlargement or reduction of service connections for the convenience of the Customer willbe at the expense of the Customer. Prior to suchrelocation, enlargement or reduction , the Customer will deposit the estimated cost thereof with the Company. Within fifteen (15) days a refund will be made to the Customer in the amount by which the estimated cost exceeds the actual cost. The amount by ,which the actual cost exceeds the estimated cost shall be due and payable within fifteen (15) days after billing for such deficiency. Enlargement of any service connection will be made only after such time as the Customer's plumbing inside his or her premises shall have been enlarged sufficiently to accommodate the additional capacity. DISCONNECTION AND RECONNECT ION OF SERVICE When a Customer desires to discontinue service he shall give notice to the Company at least two (2) days in advance and shall be responsible for all water consumed for the two (2) days after the date of suchnotice. The Company may discontinue a Customer's service on an involuntary basis only in accordance with UCRR. When it becomes necessary for the Company to involuntarily discontinue water service to a Customer , service will be reconnected only after all bills for service then due have been paid or satisfactory payment arrangements have been made. Issued 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Wa ter Company President----!f'i t 1 e l*ac:; ~- . .,. "---~._'.-..u..---, --..".-,.._-.. IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVETariff No.Page MAY 6 - 02 MAV 6 - P-M ' 0,1\) , ;J9o\3 If). SECRETAIW (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu cilia Algoma Water Company 11. 4 11. 5 11. 6 A reconnect ion fee will be charged each time a Customer isdisconnected, either voluntarily or involuntarily, and reconnected at the same premises. The reconnection fee shall be paid before service isrestored. Reconnection fees will not be charged for any situation or circumstance in which the Customer water supply is disconnected by the Company for its convenience. The Company reserves the right at any time , upon notice, to shut off the water for maintenance or expansion and, ln emergencies, may do so without notice. The Company shall at all times use reasonable diligence and care to prevent interruption of said waterservice. Except in the case of an emergency, no one, except an authorized Company representative, is allowed to turn-on or turn-off the water on the Company I s side of the service connection.12. EXTENSION OF WATER MAINS 12.The extension of system water mains for the purpose of providing new service shall be done on a time andmaterial basis. 13. 13. 13. Issued MI SCELLANEOUS No Customer shall permit any person from another premises to take water from his or her water service or tap for more than (1) week without the written permission and consent of the Company. No person acting either on his or her own behalf or an agent of any person , firm , corporation or municlpality, not authorized by the Company, shall take any water from any fire hydrant on the Company' system except in the case of an emergency. 2002 Effective 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu cilia Algoma Water Company c:::- PresidentTitle ~J5 ~- PI .. _.."_.._...._~.",--------,------ IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTIVETariff No.Page MAV 6 - 02 MAY 6 - 'Perl - ().It) . .;19013 ~Jfl~ SECAeTARV (Approval Stamp) Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company 13. 13. 13. 13. 13. 13. 13. No person shall place upon or about any hydrant, gate, box, meter, meter box or other property of the Company, any building material or other substance so as to prevent free access at all times to the same. Service will be maintained to domestic Customers on apreferential basis. Delivery of water under all schedules may be restricted, interrupted or curtailed at the discretion of the Company in case of shortage or threatened shortage of water. No rate contract or application is assignable from one user to another , except upon agreement of all parties concerned. The representative of the Company shall be given access to the premises of the Customer at all reasonable hours for obtaining meter readings, for turning on or shutting off the flow of water , for inspecting, removlng, repairing or protecting from abuse or any of the property of the Company installed onpremises. Access shall be granted at all times emergency purposes. fraud thefor No one, except an authorized agent of the Company, shall tamper with , interfere with, make repairs, connections or replacements of or to any of the Company 1 s property. Whenever an applicant desires service of a character for which there is no available service classification , a contract may be executed in lieu of a tariff. Any such contract is subj ect to the approval of the Idaho Public Utilities Commission. The Customer is held responsible for any violation of these Rules and Regulations even though the breach is committed by someone employed either directly, or indirectly, by the customer. Issued 2002 Effecti ve 2002 Issued by Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company PresidentCZ;)Title ::f;1: ;)..t;-t#!!j:- P I 3 ------------.. Tariff No.Page IDAHO PUBLIC UTILITIES COMMISSIONAPPROVED EFFECTivE Name of Utility Christopher and Kate Neu and Larry and Colleen Neu dba Algoma Water Company MAY 6 - 02 MAY 6 - P&1 . 0 .1\) C) () \:, t- an. SECRErAAY (Approval Stamp) 13.Copies of the Company's rates and rules summary of regulations will be available at utility s office; will be provided to customers upon commencement ofservice; and, will be provided to customers annually in accordance with Utility Customer Relations Rules (UCRR) and Utility Customer Information Rules (UCIR). Issued 2002 Effecti ve 2002 Issued by Christopher and Ka~~ Neu and Larry and Colleen Neu dba Algoma Water C~any . ' Title President JJ-, ;(5 -$t -- ILl