Bauer s Landing Lodge Association

Transcription

1 WATER SERVICE CONTRACT This contract is entered into as of the day of, 20, by and between Bauer s Landing Lodge Association (BLLA), a Washington non-profit corporation, C\O Still Properties, th St NE Ste B, East Wenatchee WA 98802, hereinafter referred to as the " Association" and Service Address: Legal Address: Customer Name: Billing Address: City, State & zip Block: Lot: Contact Phone: ( ) - Phone» Additional Contact #: ( ) - Additional Contact #: ( ) - Address on File: (By providing an address the BLLA Board will send the signed contract back to you electronically) The Customer hereinafter referred to as the "Member" (Defined as one Association Membership) WITNESSETH: Whereas, the Association is organized and established under the provisions of Chapter of the Washington Administrative Code, for the purpose of constructing and operating a water supply distribution system serving water users within the area described in the Water System Plan now on file in the office of the State Department of Health; and Whereas, the Association owns and operates a water supply distribution system with a capacity currently capable of serving the present Member of the Association s system and the estimated number of water users to be served by the said system as shown in the plan of the system now on file in the office of the State Department of Health; and Whereas, the Association provides one water service to the Member for one lot and domestic irrigation. And, whereas the Member is required to pay the Association in accordance with the terms set forth in this contract, BLLA Bylaws and BLLA Lot Assessment Policy (Appendix A). NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, A. The Association Agrees: BLLA Water Contract REV: 1/06/2013 Page 1

2 1. Quality and Quantity. To furnish each Member a single service connection, at the point of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof, potable water meeting applicable purity standards of the State of Washington Department of Health in such quantity as may be required by the Member s one lot. 2. Backflow Prevention Bauer s Landing Water System maintains a Cross Connection Control Program in accordance with State regulations. Double Check Valve Assemblies are installed and maintained at each service connection. BLLA will provide the testing required at each connection and the lot owner is responsible for the cost and will be invoiced per the BLLA Lot Assessment Police (Appendix A). Under no circumstance is a lot owner to perform testing in lieu of BLLA testing. 3. Point of Delivery and Pressure. That water will be furnished at a reasonably constant pressure (30 P.S.I. minimum) from an existing supply main at a point located in the street servicing the Member's residence. If a greater pressure than that normally available at the point of delivery is required by the Member, the cost of providing such greater pressure shall be borne by the Member. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fire, earthquake or other catastrophe or occasion beyond Association's control shall excuse the Association from this provision for such reasonable period of time as may be necessary to restore service. 4. Metering Equipment. At this time the Association bills by a flat rate annual fee. However in the event the Association begins to bill by meter rates the following shall apply: To furnish, install, operate, and maintain at its own expense at a point for delivering, the necessary metering equipment, including a meter house or pit, and required device(s) to properly measure the quantity of water delivered to the Member and to calibrate such metering equipment whenever required by the Association but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result shall be deemed to be accurate. The previous reading of any meter disclosed by test to be inaccurate shall be corrected for the six months previous to such test in accordance with the percentage of inaccuracy found by such tests and the billing adjusted accordingly. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless the Association and the Member shall agree upon a different amount. In the event metering equipment shall be used for the system billing the meter shall be read within the first seven days of each billing period. The Association at all reasonable times shall have access to the meter for the purpose of verifying its readings. 5. Billing Procedure. To furnish the Member at the above billing address for each billing period, with an itemized statement. B. The Member Agrees: 1. Rate and Payment. To pay the Association in accordance with the BLLA Assessment policy (APPENDIX A). BLLA Water Contract REV: 1/06/2013 Page 2

3 2. Service Connections and Fees. All fees and charges associated with new water services shall be paid prior to install of the new service, and this contract must be signed and authorized by BLLA Board. To determine the amount for the new service, refer to the BLLA Lot Assessment Policy (Appendix A). The Association will own and maintain materials involved in the allocation of water services. Only persons authorized by system management may install or access service meter vaults for any reason. Each Member shall have one 5/8 service connection paid and installed by the Water Project Funding. If Members would like additional 5/8 services to a lot. Backflow assemblies will be installed at each meter, and mandatory annual testing fees will be the paid to the Association. Annual water system certification testing including, and not limited to inspection and meter calibration will be provided by BLLA to meet Washington State DOH requirements. C. Discontinuance of Service 1. The right to discontinue service may be exercised whenever and as often as any of the foregoing situations occur. o In accordance with WAC (Appendix B), section 1.B. o A delinquency of association dues as defined by the BLLA Lot Assessment Policy (Appendix A). o Absence of a signed Water Contract Agreement o Failure to get written approval from BLLA Board for connection or modification o Removal of locks on vaults o Failing to comply with cross connection control requirements o And, anything else deemed as fraud or misuse by the BLLA Board of Directors The actions taken for discontinuing of shall follow as defined in the Washington Administrative Code Discontinuing of Service (Appendix B). D. It is further mutually agreed between the Association and the Member as follows: 1. Term of Contract. This contract shall commence upon completion of the 2010 water system improvement. This contract with the Association and the Member shall renew annually. 2. Water for Testing. When requested by the Association the Member will make available to the contractor at the point of delivery, or other point reasonably close thereto, water sufficient for testing. 3. Failure to Deliver. That the Association will, at all times, operate and maintain its system in an efficient manner and will furnish the Member with quantities of water per Washington State Department of Health guidelines at the point of connection. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of a water shortage, the Association may restrict irrigation and other non-potable use. The Member agrees not to make a claim of any nature against Association or its agents or employees for damages and/or loss of production, sales or service, in case of water pressure variations, or the disruption of the water supply for water system repair, routine BLLA Water Contract REV: 1/06/2013 Page 3

4 maintenance, power outages, and other conditions normally expected in the operation of a water system. 4. Special Assessments. The parties recognize and agree that special assessments may be necessary relating to improvements to Association s water system. In the event major and substantial improvements and/or modifications to the water system are required, the Association may impose upon the Member a special assessment with regard to said improvements or modifications to the Association s system. Additionally, the parties recognize and agree that the rates for delivery of water by the Association to the Member during the term of this agreement may be affected as a result of improvements or modifications to the Association s delivery system. 5. Modification of Contract. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance hereunder. Other provisions of this contract may be modified or altered by mutual agreement. 6. Regulatory Agencies. That this contract is subject to such rules, regulations, or laws as may be applicable to similar agreements in the State and the Association and Member will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith. 7. The Member s Water System. The Member specifically agrees to install and maintain at all times their plumbing system in compliance with the most current edition of the plumbing code, particularly as it pertains to the prevention of water system contamination, prevention of pressure surges and thermal expansion in their water piping. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in two counterparts, each of which shall constitute an original. Bauer's Landing Lodge Association BLLA Board Member Member Member Enclosures: BLLA Lot Assessment Policy (Appendix A) WAC (Appendix B) BLLA Water Contract REV: 1/06/2013 Page 4

5 Original Rev date: 12/05/2012 Revisons: 1/6/2013 Change name and address of property management company to Still Properties th St NE Ste B, East Wenatchee, WA on page 1, requested by Tom Whalen. BLLA Water Contract REV: 1/06/2013 Page 5