19960807Agreement.pdf

AGREEMEI{T TO PROVIDE WATER
THIS AGREEMENT, made this day of
by and between RfCKEL WATER COMPAM, an fdaho Corporation,
Box L26L, Hayden Lake, Idaho 83835, hereinafEer referred
rr COMPANY'i and
L995,
P. O.
to as
hereinafter referred to as ''CONSUMER.T'
RECTTALS:
1. COMPAIIY has developed a wat,er well on real property owned
by COMPAITIY and located near Bruner Road in Kootenai County, Idaho.
Subject to the terms and conditions contained beIow, COMPAIIY
intends to construct a distribution system and to seII water to
property owners or other gualified customers, within the area of
the well.
2. CONSUMER has an interest or an ownership interest in reaL
property in a reasonable proximJ-ty of the well and well site and
desires to purchase water from COMPANY on the terms and conditions
contained below, subject to any modifications of those terms and
conditions as may be imposed by the Idaho Public Utilities
Commission, if applicable.
FOR AI{D IN CONSIDERATION of their mutual covenants contained
herein, the parties agree as follows:
1-. CONSirll4ER hereby subscribes for waEer hookups
from COMPAIIY at a price of
($_) per hookup. The
subscription price sha11 be paid concurrent wiEh the execution of
this Agreement.
2. The COMPAITIY shaII, as soon as reasonably possible, proceed
with the installation of a main water pipeline from the well site
1-AGREEMEN,I. I.O PROVI.IJtl nIAItrl(
to serve the property of the CONSUMER, and other consumers. The
water main distribution line sha1l be installed at COMPAIVY'S
expense. In the event it is necessary to run a feeder or
dist,ribution line (secondary) from the water main line in order to
serve CONSUMER'S real property, then CONSUMER shall be responsible
for and pay t,he entire cost of such extension. In the event
CONSUMER installq such secondary distribut,ion line, the same shall
be done in accordance with pIans, specifications, and engineering
designs as promulgated by the COMPAITIY or the COMPAM'S engineer.
CONSUMER sha1I be responsible to reimburse COMPAM for any and all
engineering costs, inspect,ion fees, and other fees incurred by the
COMPAIIY to assure proper engj-neering and insEallation of such a
secondary distribution 1ine. Upon completion of the secondary
distribution line, to the point where the same intersects the
CONSUMER'S properLy, the same shal1 be owned and maintained by the
COMPAM. From the point where the same intersects the CONSUMER'S
property and continues in or upon CONSUMER'S property, the same
shal1 be the soLe responsibility of the CONSUMER. In the event of
damage, deterioration, ot other loss due t,o loss in the line where
the same is located upon the CONSUMER'S property, the CONSUMER
shall cause the same to be repaired immediately or as soon as
possible, weather conditions and ground conditions permitting. The
faiLure to do so sha11 authorize the COMPANY to make such repairs
and charge the same as against the CONSUMER, and the CONSUMER sha1l
be bound to pay for such reasonable costs of repairs as are
incurred by t.he COMPANY. In the event that it is necessary to
cross a road in order to reach CONSUMER'S property, then CONSUMER
shall al-so be responsible for, and pay the cost of, the road
crossing. If it is necessary to run a distribution line from the
COMPANY'S main distribution line to serve CONSUMER, then the
2 _AGREEMENT TO PROVTDE WATER
CONSIIMER shalI obtain a permanent easement on a from agreeable to
COMPAI$y. The COMPAIIY shall, at its expense, install a water meEer
near CONSUMER'S real property boundary line and CONSUMER agrees to
allow access at all reasonable times to COMPAIIY or its agents for
the purpose of reading the meter and, upon request of COMPAI\fY,
granting COMPAI\TY an easement for the purpose of access to said
meter. The COI{{SIIMER sha1I be responsible for the inst,allation of
any water lines from the meter to the place or places of use on
CONSTMER'S real property which water line installed by CONSITMER
sha1l be no more than one inch (1") in diameter.
3. The purchase of a water hookup entitles CONSUMER to one
(1) domestic use per hookup, said domestic use being defined as the
reasonable amount of use for a single family residential household,
yard, garden, and single stock tank use. Said use shall be l-imited
to gallons per month, and any amount of water used
in excess of gallons per month (which sha1l be
subject to the base rate) shall be subject to a scale rate per
thousand gallons for excess use as is published by the COMPANY and
provided to the CONSUMER. The parties hereto understand that the
water shal1 not be used for agricultural, industrial, or commercial
purposes. The parties heret.o further understand that at some point
in time the Idaho Public Utilities Commission may regulate the
charges being assessed, and notice of such revisions in chargres
shall be provided to the CONSUMER.
4. COMPAM shal1 deliver water to CONSTMER and shaI1 be
entitled t,o be paid an amount based upon CONSUMER'S use each month
which rate shaI1 be set to cover anticipate expenses, plus provide
a reasonable rate of return on its investment to COMPANY.
anticipated expenses include the cost of electric power, repairs,
capital improvements, and testing for water quality.
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5. The COMPAITIY sha1I submit for approval to t,he Idaho Public
Utilities the rates charged to CONSUMER by COMPAM for delivery of
water. Although figures have not yet been fu1Iy developed by
COMPAIIY, 3t this time COMPA]IY would anticipate reguesting from the
PUC an initial rate of THIRTY DOLLARS ($30.00) per month per water
hookup which will entitled to the CONSUMER to up to FIFTEEN
THOUS$ID (15,000) gallons per month, at a rate of between ONE
DOLLAR AIiID TEN CENTS ($1.10) ANd ONE DOLI,AR AI.ID FIFTY CENTS ($1.50)
per thousand gallons used in excess of FIFTEEN THOUSAI{D (15,000)
per month.
5. Until such time as t.he system operated by the COMPAITIY is
approved by the Idaho Public UtiLities Commission, and thereafter
in accordance with the Rules and Regulations authorized by the
Idaho Public Utilities Commission, the failure of the CONSUMER to
pay his/her monthly charges as set forth herein shal1 be good and
sufficient cause for the termination of the provision of waEer by
the COMPAI{Y to the CONSUMER. In the event the provision of water
by the COMPAM to the CONSUMER is terminated for failure to pay the
monthly rate due and payable within TEN (10) days of t.he date of
posting of the billing therefor, COMPANY sha11 have the right to
terminat.e the provision of water to the CONSUMER, and in the event
of subseguent payment for the arrearage, the COMPAITIY sha1l assess
an additional FIFTY DOTIJAR ($50.00) for reestablishment of the
water.
7. The failure to pay amounts due and owing for the
consumption of water by the CONSUMER'S parcel of land shal1
constitute a lien upon t.he land of the CONSUMER, whether or not the
CONSUMER subsequently sel-1s the property or retains the property,
which lien sha11 be enforceable as liens are otherwise provided to
be enforced under ldaho Code 45-507, et seq.
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8. In the event the provision of water has been terminated to
t,he CONSITMER for fail-ure to pay indebtedness, Ehe COMPAM r?y, in
its sole discretj-on, require the payment of the turn-on fee as
heretofore set forth, together with accumulated water rental to be
paid prior to the CONSUMER being entitled t.o water services and
benefits.
9. The CONSITI4ER agrees, upon demand, to pay a deposit in the
amount of
($),
payable to the COMPAM in the'event service to the CONSUMER is
terminated either voluntarily by the CONSITMER or by the COMPAITIY for
cause. The deposit sha11 be held and applied by the COMPAM to any
unpaid balance then owing on Ehe CONSUMER'S account. Should the
account be fu11y paid at the time of termination of service to the
CONSUMER, the deposit sha1I be refunded by the COMPAIIY within a
reasonable time thereafter,
10. The COMPAITIY sha1l purchase and instalL a cut-off valve in
addition to the wat.er meter as heretofore set forth. The COMPANY
shalL have the exclusive right to use such cut-off valve and wat.er
meter as heretofore referenced.
11. The COMPANY shall- have f rnai autnorl-cy in d.r:,! eucsl-ion of
location of the service Ij-ne connection to its distribution system;
shal] determine the allocation of water to the CONSUMER or other
consumers in the event of a water shortage; may shut off water to
a CONSUMER who a11ows a connection or extension to be made of the
CONSUMER'S service line for the purposes of supplying water for
unauthorj-zed use or to another user (agricultural use, a secondary
household, etc.); may prescribe a schedule of hours covering use of
water for gardening purposes by particular consumers and required
adherence thereto or prohlbit the use of water for gardening
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purposes in the event of a shortage of water.
L2. Additional terms to this Agreement, if drry, are:
13. There are no terms, conditions, or agtreements between Ehe
parties except those set forth in this Agreement and any addendum
attached to this Agreement. There shalI be no amendments to this
Agreement unless the amendment is set forth in writing and signed
by both parties. The parties may enter into an agreement
subsequent to this Agreement regarding the subject matter herein,
provided that such agreement is in writing and signed by both
parties.
IICOMPAIVYI' 'ICONSIMERI'
RTCKEL WATER COMPATTY
BY
5 - AGF.EEMENT TO pPn\rrDE WATFTR