20090109Water Main Line Extension Agreement.pdf

JAN. 9.2009 11:32AM AVONDALE CONSTR INC NO. 305 P.L
BA CIRCLE '5' WATER CO
PO BOX 1870
HAYDEN ID 8320665920
20 66 9300 FAX
Idaho Public Ulllltl.. Com . .
Office ot ll SIC,.liiyffliilen
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JAN. 9.2009 11: 32AM AVONDALE CONSTR INC NO. 305 P.2
WATER MAIN EXNSION AGREEMENT
BAR CIRCLE '5' WATER CO
THIS AGREEMENT is entered int on the date se fort below, by and beteen
BAR CIRCLE '5' WATER CO, an Idaho Corporation locted at PO Box 18701 Hayden,
Idaho 83835 (herein referred to as "BAR WATER') and DOUBLE T ESATE LLC, an
Idaho limite liabilty company locate at PO Bo 1870 Hayden Idaho 83835 (herein
referred to as "DOUBLE T')
R E C ITA LS:
BAR WATER owns two wells and currently proides domestic water servces to BAR
CIRCLE '5' RANCH, and is a public utlit regulate by the Idaho Public Utilty
COmmission (Commission).
DOUBLE T is owned by Robert N Turnipsed, Devloper (herein referred to as
DEVELOPER). The DEVLOPER intends to plat 47 lots, more partcularty know as
DOUBLE T all of which lots require domesc water seivce.
It is the purpose and intent of the partes that BAR WATER will provide domesc water
delivery and maintenanc under the tenns of thìs Agreement and the Commission's
Customer Relation Rules and Bar Water's fled Tari.
This Agreement is subject to the Commission's Customer Relation Rules and Bar Water's
filed Tari which rules shall apply to the expanded servce terrory.
NOW, THEREFORE, based on the agreement and covenants provided hereini it is
agreed as follows:
DEFINmONS
All definitions provided herein shall apply to the Agrement and the General Rules and
Regulations Governing this Water Main Exnsion Agreement adopted hereunder.
"Adjustd Constucton Cost'll for the purposes of the Rule, shall be reasonable and shall
not exceed the cost recorded in conformity with generally accpted water Utilty
accuntng and sound engineenng practces, and as spedfcally defned in the Uniform
System of Accounts for Water Utilties prescbe by the COmmission, of instllng
facilties of adequat capaci for the service requested. If the Utilty, at its option,
should instll fadlities with a larger capacity or reultng in a greater fotage of
extension than required for the seiviæ requested, tte "'adjuste constction cos, for
the purposes of this Rule, shall be detmiined by tle application of an adjusbent factr
to actual constcton cost of facilities instlled. This factor shall be the rao of
estimated cost of required fadlities to cos of acbal fadlities installed.
WATER MAIN EXNSION AGREEMENT - BAR CIRCLE "5" WATER CO.
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JAN. 9.2009 11: 32AM AVONDALE CONSTR INC NO. 305 P.3
"Agreemen~ and "Main Line Exnsion Contract shall mean this Agreement beeen
BAR CIRCLE '5' WATER CO and DOUBLE T ESTATES LLet and the assignsi the fuure
Customers in Double T Ests LLC.
"Commission'" shall mean the Idaho Public Utilities Commission.
"Custmern or '\all Customers" shall mean DOUBLE T ESTA-r LLC, for so long as
Double T Estes LLC owns any lot in DOUBLE T ESTATES LLC, all of which shall be
watr users in DOUBLE T ESTATES LLC.
"Main Line exension Contract' shall mean this Agreement beeen BAR aRCLE '5'
WATER CO and DOUBLE T ESATES LLC and the future Customers in DOUBLE T
ESATES LLC.
"Utility shall mean BAR CRCLE \S' WATER CO also referred to as BAR WATER.
"Water Sysm" or "Facilties" shall mean the main line(s), valves, fire hydrants, flush
valves, easements and all necesry appuitnancE' supportng the water sym
constrctd under this Agreement
DOMESTC WATER DEUVERY
BA WATER shall deliver domestc water to Cumers of DOUBLE T ESTATES for
residental use under the terms and conditions se fort herein subjec to the
Commission's Customer Relation Rules and Bar Waters filed Tariff.
DOUBLE T ESTATES LLC, for so long as DOUBLE T ESATES LL owns any lot in
DOUBLE T ESATES LLCi and all Custmers shall abide by the Agreement the
Commission's Custmer Relation Rules and Bar Water's filed Tariff.
BA WATER shall provde water to each lot in DOUBLE T ESATE LLC. BAR WATER
wil, at the time service is reuesed to a building lot within DOUBLE T ESATEi provide
a main line tap, service line stb to the propert line, meter base box base, metr and
five foot stub out from the meter box. BAR WATER wíl charge the person requestng
the serviæ a connecon fee according to its appro tariff rates. No metr shall be
moved without the prior written consent of BAR WATER. The propert owner shall be
responsible for constucton, maintnance and repair of the water serviæ líne and
reuire crosconnecton devces from the met stb out to the point of ultimate use.
Constucton aiteria for servce lines, back flow prentr(s), shut-off valve(s), reudn9
valve(s), and other necessary equipment shall be proed by owner pursant to all
feeral, st and local stndards.
BAR WATER shall remedy defect in the sym main lines, pumps and meters. Each
Customer is responsible for repairs and maintenance of all service lines, cros~
connecion device, valve, and equipment from the tap-on location to the point of
ultimate usage.
WATE MAIN EXNSION AGREEMENT ~ BAR ORCLE "5° WATE CO.
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JAN. 9.2009 11: 32AM AVONDALE CONSTR INC NO. 305 P.4
Each Customer grants an irrevocable license oni over i under and acros their propert to
BAR WATER for the purpose of maintaining, expandingi repainn9 the Water System.
Subjec to Idaho Public Utilites Commission approali BAR WATER resivs the right to
sell or transfer (at its opton) the Wate Sysm to a home owners assiaton, legally
organi~ed water distict public corporation, non-profit corpraon, pri indivdual or
corporation. BAR WATER rervs the unqualifed right to exend fure war seivce
using the Water Sym constuct for DOUBLE T ESATES LlC.
No failure to enforc, delay or omission in the exrdse of any right or remedy by BAR
WATER of any violation or default by Custmer(s) shall impair such a right or remedy, or
be construed as a waiver.
In case anyone or more of the proisions contined in this Agreement shall, for any
reson, be held to be invalidi ilegal, unconscionable or unenforæable in any repe,
such invaliditi ilegality, unconscionabilit, or unenforceabilty shall not efect any other
provision hereof and this Agreement and Rules and Regulations shall be consted as if
such invalidi ilegal, unconsconable or unenfrcable provision had never been
contained herein, and all other terms and provisions hereo will neverteless, remain
efe and be enforce to the fulles exent permitted by law.
In addition to the remedies set forth abovei BAR WATER resrves the tight to enforce
any retrctons contained herein by any oter appropriat acton as allowed under the
Commission/s Custmer Relation Rules and Bar Waters filed Tart.
BAR WATER shall provide water for fire flow at the locions and in the amounts
reuire by the Rre Distrct.
BAR WATER shall abide by all rules and regulatons, including the testng reuirement
of the State of Idaho Departent of Environmentl Quality.
CONNECONS AND EASEMENT
DOUBLE T ESATES LLC agrees and confirms that BAR WATER Is the owner of the
Water Systm.
DOUBLE T ESATES LLC wïll grant a goo and valid easement to BAR WATER. The
purpose and terms of the easement should prode substntally as follows:
Grant of an easement to enter upon, over, across, throughi and under the propert and
real este to constuct, reconstruct, operate, ìnspe maintain, removei replaæ and
repair the pipeline, vaults, valve, metrs and appurtnances of the Water Syem.
This easement shall bei at a minimum, five (5) feet each side of the pipe line location
and is for the purpose of oonveyn9 water through the pipeline and includes the right of
ingress and egres of personsi material, vehicles and equipment. The timinQI manner
and use of the easement rights herein grantd shall be at the sole discretion of BAR
WATER.
WATER MAIN EXNSION AGREEMENT- BA CIRCLE "S"WATE CO.
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JAN. 9.2009 11: 32AM AVONDALE CONSTR INC NO. 305 P.5
BAR WATER is the sole OWNER and contoller of the Water Systm which shall bei
repairedi maintained, operatd, replaced or reonst only under the direon and
control of BAR WATER. Such owership and contrl of BA WATER shall survive any
temiination of the Agreement.
BESOOlJSlBILI OF THE PARTES
Exept in th case of an emergency, no one, except an authorized BAR WATER
reprenttive, is allowed to turn~on or turn-off the wate to DOUBLE T ESATE LLC at
the designated service connecon.
BAR WATER agrees to build water main extnsion and relat Water Systm
improvements to provide serviæ to DOUBLE T ESATES LLC, and repair, maintain and
reconstuct the Water Systm improement in accrdance with standards set by locall
state and federal agencies with legal jurisdicton over water delivery by BA WATER.
DOUBLE T ESTA'T LLC agre to pay any and all cos of constcton of the water
main exnsion and related Water Sym Improements servicing DOUBLE T ESAlE
LLC.
DOUBLE T ESTATE LLC hereby contrbuts the water main exnsion and relatd Water
Sytem improvement servdnQ DOUBLE T EsrATE LL built by BAR WATER to BAR
CRCLE '5' WATER CO.
In the event that any governmentlly mandate improement to the BAR WATER
syem are require for sym relíabilit or quality of service purpose during the period
of development of DOUBLE T ESTATE, BAR WATER and DOUBLE T ESATES LLC wil
share the cost of such improvements based upon the number of building lot within BAR
WATERS current servæ are (215 lots) and DOUBLE T ESTATES (47 lots), a ratio of
82% BAR WATER to 18% DOUBLE T ESTATE LLC.
PRIR UNDERSANDTGS..ND AGREEMtd NULL AND VOID
This Agreement sets fort the entire Agreement betn the parties. All pror
Agrementsi if any, beteen the partes are hereby revoked.
This Agreement may not be amended or modified except in wrng signed by bo
parties.
SUBJEC TO IDAHO PUBUC UTILIES COMMISION APPROVAL
All terms and conditions of this agreement are subjec to the approl of the Idaho
Public Utlities Commission. Refsal by the Commission to appro this agrement wil
render the entire Agreement Null and Void.
WATER MAIN EXNSION AGREEMENT - BA ORCLE "511 WATE CO.
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JAN. 9.2009 11: 32AM AVONDALE CONSTR INC NO. 305 P.6
CAeIOI
The paragraph heading are for convnience of refrenæ only and shall not control or
aff the meaning of any provision of the Agreement.
AUlORU TO EXUT AGREEMENT
All signatones to this Agreement warrant and represent that they have the powr and
authority to execut this Agreement and bind the entity they indicate they are
representîng.
AGREEMENT RUNS WI THE LAND
This Agrement shall run with the land and shall by binding on and inure to the beneft
of the fure Customers of each lot in DOUBLE T ESTATES LLC. The easeents and
right granted herein exist in perpetuity and shall inure to the benefit of and be binding
upon the heirs, assigns and successrs in interes of BAR WATER and DOUBLE T
ESATES LLC.
GOVERNING LAW
This Agreement shall be govrned by and constued in accordanæ with the laws of the
State of Idaho.
WATER MAN EXNSION AGREEMENT - BAR ORCLE "Sit WATER CO.
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JAN. 9.2009 11: 33AM AVONDALE CONSTR INC NO. 305 P.7
IN WIESS WHEROF, the partiesi pursuant to authority of the repecve enties,
have exte this Agreement on the date se forth in the respectve ackowledgments
below.
DATED this -3 day of~ÆH: 20.d
STATE OF IDAHO )
)55.
County of Kotenai )
On this g-' day of ':Q? 20.. before me, a Notary Publici
persnally appeare~ ROBERT N TURNIPSEED, know or identified to mei tD be the
Owner of BAR ORCLE 'SI WATER CO that executed the said instument, and
acff9WI d to me that such BAR ClRCLE 'S'WATER CO, exeated the same.
, ~~ ~EREOFi I have hereunto se my hand and affxed my ofcial sel the
~dar.lJ \bis ærtficat firs above writtn.L : -'JVo~~\ '-; r'~'Ëll:4'.OWJ.:'G)= V~h-k ~ch.~
\\....~~(¡f.~ ../:J N ryforthe BofIdaho i-~ q('.. . ~ 0-" \
'''!L 10/ \ .0 ~~~~ My Commission Exires ==. - 3D ~ h
S I Ä'lt i oi; \lAHO )
)ss.
County of Kootnai )
On this.f day of ~C4~. 20~ beore me, the undersignedi
a Notary Public for the State of Idaho, persnally appeared ROBERT N 11RNIPSEED,
known or identified to me to be the Member of DOUBLE T E5lATE LLe, that excute
the said instment, and acknowledged to that such DOUBLE T ESATES LLC execut
the same.
IN WIES WHEREF, I have hereunt se my hand and affed my ofcial seal the
day and year in this certficate firs abo wren.\\\"111111" ~.-l,~.~~~i~', ~ -ÙV.~'4, S' "'~ ~. NO . . .~t. iíhe State of Idaho \ '
~ t .. ~Ii y ": ~ My COmmission Exires: :\ .. :30 - \\-CD..i_ - . ..;. Oo ".: -USÚc .: ¡
", ~.'. .' i:,,;R 0...... ,1.0 ~..
" 'P ID~' ,'"'i' '" ii WAtER MAIN EXNSION AGREEMENT - BAR CIRCLE "S" WATER CO.
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