DUQUETTE PINES
WATER AGREEMENT
THIS AGREEMENT, made and entered into by and between Duquette Pines Architectural Control Board, an Idaho Corporation, hereafter referred to as DPACB and ____________________________________ hereinafter referred to as CONSUMER.
WITNESSETH:
WHEREAS, Consumer is owner of the following described real property:
WHEREAS DPACB, has in service a domestic water system which furnishes domestic water for consumption and use by CONSUMER, subject to the following terms and conditions:
1. For the purpose of this agreement, domestic water is defined as water used in normal household operation and does not include water for gardens or lawns.
2. Water rights are presently available which allows CONSUMER at his/her expense to connect onto DPACB’s water line; such connection shall be in the manner and procedure acceptable to DPACB; any and all equipment furnished or used by DPACB shall remain the property of DPACB.
3. DPACB shall be responsible only to make available to CONSUMER such water at such pressure as may be available at the point of delivery from time to time as a result of DPACB’s normal operation of its water distribution system. All water delivered hereunder shall be supplied in accordance with DPACB’s policies and procedures applicable to water distribution.
4. DPACB does not under any interpretation of this Agreement agree to furnish water for fire control purposes.
5. CONSUMER shall, at no time, assert any claim hereunder against DPACB for loss or damage which may result from the inadequacy or non-availability of water, as to both the pressure and quantity, or from leaks or other defects in CONSUMER’s system; and CONSUMER hereby agrees to indemnify DPACB and save it harmless from any and all claims or liability for loss or damage to any persons or property resulting from, arising out of, or connected with the rendition of service hereunder, in the event of such inadequacy or non-availability of water, or in the event of leaks or other defects in CONSUMER’s system.
6. CONSUMER shall pay a yearly fixed sum of $240.00 for aforesaid domestic water rendered hereunder, which sum shall be paid annually in advance upon billing by DPACB to CONSUMER; such annual charge may be regulated by DPACB when and where necessary to compensate DPACB for its cost and expenses incurred in such water delivery and its maintenance and operation of its water facility; in the event CONSUMER defaults in
respect to payment of such annual water rate, DPACB may cancel and terminate this Agreement and may refuse delivery of water to CONSUMER; in the event the aforesaid water service is terminated by reason of CONSUMER’s failure to comply with the terms and conditions of this Agreement. CONSUMER shall have no legal recourse against DPACB for failure to deliver such water service.
7. All water services rendered hereunder shall be subject to any and all rules and regulations which might from time to time be applicable, either local, state or federal, and additions and alterations to such Agreement may be made in accordance with local, state and federal rules and regulations.
8. The terms of this Agreement shall be for as long as CONSUMER has access to DPACB water system after the effective date hereof until terminated by either party hereto giving the other a 30 day written notice of such termination.
IN WITNESS WHEREOF, the above parties have set their hands this _____ day of _______________, 20___.
DPACB
CONSUMER Signature:_______________________________________________