WATER SUPPLY AGREEMENT Village of Red Hook Water Department 32 Hewlett Road
THIS AGREEMENT made this ___ day of 20__ by and between the VILLAGE OF RED HOOK, a municipal corporation with offices located at Village Hall, 7467 South Broadway, Red Hook, NY 12571, party of the first part, hereinafter called "VILLAGE", and Melissa & Tom Mills (property owner), its successors and/or assigns, with the address of 32 Hewlett Road, hereinafter called "CUSTOMER."
WITNESSETH :
WHEREAS , the CUSTOMER owns residential use real property located in the Town of Red Hook identified by tax grid number [134889-6272-00-858614] (the “PROPERTY”); and
WHEREAS, the CUSTOMER desires to purchase water from the VILLAGE for the PROPERTY; and
WHEREAS , the VILLAGE has determined that it has the capacity to supply water outside the Village of Red Hook, is willing and ready to sell water to the CUSTOMER for its PROPERTY under the following terms and conditions and at the price hereinafter specified; and
WHEREAS, the parties are now desirous of entering into a contract concerning the terms and conditions of the selling of water to the CUSTOMER for use in the PROPERTY,
NOW, THEREFORE , it is mutually agreed as follows:
SECTION 1. VILLAGE TO FURNISH WATER .
A. Water Source: Subject to all the terms, limitations, restrictions and conditions of this agreement, the VILLAGE agrees to furnish water to the CUSTOMER for the Property (and only for the PROPERTY, not for resale). VILLAGE agrees to furnish the water from the same sources and receiving the same treatment used by the residents of the VILLAGE.
B. Limits on Water Sold: The amount of water to be furnished to the CUSTOMER under this agreement and the amount of water consumed by the PROPERTY shall not exceed maximum quarterly use (MQU) of 40,000 gallons. The VILLAGE does not represent or guarantee the amount of water it can provide to the CUSTOMER, nor the water quality, pressure or fire flows.
C. Excess Consumption: No new water line connection of any kind shall be made to the Property mains without first obtaining Village Board approval for any such connection.
SECTION 2. PROPERTY AREA .
Only water for use on the PROPERTY and for the purposes permitted and lawful thereon, is being sold or may be used by CUSTOMER.
SECTION 3. RATE CHARGED AND BILLING AND PAYMENT FOR WATER.
A. Subject to the terms and limitations of this agreement, VILLAGE agrees to furnish water to the CUSTOMER for the PROPERTY and CUSTOMER agrees to pay the VILLAGE for such water at the water rate listed for Town customers on the VILLAGE Fee Schedule. A water meter (“Meter”) measurement will be used by the VILLAGE to determine the amount of water sold to the CUSTOMER.
B. In addition to the charges set forth in Section 3(A) above, surcharges will be paid by the CUSTOMER to the VILLAGE if the water consumption during any billing quarter is in excess of the amounts set forth in Section l(B) above. A surcharge of $1,000 will be assessed for usage of water above the approved MQU in any given billing period. The surcharge will be charged to the CUSTOMER as part of the quarterly billing to the CUSTOMER if the average amount of water sold to the CUSTOMER exceeds the MQU limitation.
C. Specifications for a Meter, and a Meter pit, if required, shall be subject to the approval of the VILLAGE and shall be located as approved by the VILLAGE. The Meter, Meter pit, and appurtenances, and construction shall be located as directed by the VILLAGE and shall be at the CUSTOMER'S expense. The Meter shall be installed by the VILLAGE. Upon completion and acceptance by the VILLAGE, all shall be transferred to the VILLAGE together with any required easements and available warranties.
D. All rates set forth in this agreement shall become effective upon the date of this agreement and any increases in rates shall become effective immediately upon the effective date of any increase in VILLAGE rates to water customers within the VILLAGE. The VILLAGE shall notify the CUSTOMER in writing of any increase, but failure to do so shall not relieve the CUSTOMER from paying the increased new rate.
E. The CUSTOMER shall pay the VILLAGE the charges set forth in this agreement within thirty (30) days of receipt of the VILLAGE bill. If payment is not made by the CUSTOMER within thirty (30) days, there shall be a penalty, consistent with the current VILLAGE regulations, added to the bill in accordance with the Water Rules and Regulations of the VILLAGE. The CUSTOMER shall pay the full amount of the bill submitted.
SECTION 4. RESPONSIBILITY FOR WATER SERVICE LINES, METERS, ETC.
A. It shall be the responsibility of the CUSTOMER, at the sole expense of the CUSTOMER, to construct, lay all service lines, laterals, Meters, and appurtenances within the PROPERTY. The VILLAGE will make the necessary connections in accordance with approved plans and applicable laws, rules, and regulations at the expense of the CUSTOMER. All work shall at all times be open to and for the inspection of the VILLAGE, the Village Department of Public Works Foreman, their designee, the Village Water Operator and designee, or any of its engineers, and the CUSTOMER shall indemnify and save harmless the VILLAGE from any and all liability arising out of any claims or liability or any claim arising from construction, repair, maintenance, or replacement of said water lines, Meter, and appurtenances.
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B. The VILLAGE shall receive the details of any proposed water line connection. In the event the VILLAGE determines the connection may create any adverse condition to the VILLAGE water supply/system, the VILLAGE shall have the right to refuse/terminate the connection.
C. All water sold under this agreement shall be measured by a Meter installed by the VILLAGE at CUSTOMER'S expense in accordance with specifications approved by the VILLAGE. The VILLAGE shall at all times have access to the Meter for inspections, readings, and testing. The CUSTOMER shall supply all easements which may be deemed necessary to the VILLAGE for improvements that are to become part of the VILLAGE water system to the satisfaction of the Village Attorney.
SECTION 5. HOLD HARMLESS .
The CUSTOMER will save harmless and indemnify the VILLAGE, its officers and employees, from any damage or expense or from any and all claims, suits, causes of action, brought by any person or persons, corporation or association, because of any fault or condition either in the delivery, quality and quantity, water pressure or any damaging results of any kind or nature to persons or property growing out of the furnishing of water hereunder, or the failure to furnish the same by the VILLAGE to the CUSTOMER or by reason of the CUSTOMER'S noncompliance with any provision of this agreement.
SECTION 6. VILLAGE NOT LIABLE .
The VILLAGE and its officers and employees, shall not be responsible or liable for a shortage of water or lack of water pressure, poor water quality, insufficient water to put out any fire or for the failure to transmit water under this agreement due to any acts of God including, but not limited to, droughts, fire, earthquake, floods, strikes, lockouts, malfunctions or break down of equipment or computers, water line breaks (including breaks caused by accident), vandalism, or other causes. In addition, the VILLAGE does not guarantee the amount of or quality of water to be sold, water pressure, or flows. The VILLAGE makes no representations or warranties of any kind.
SECTION 7. METERS.
A. The VILLAGE agrees to be responsible for reading the Meter to determine the amount of water sold to the CUSTOMER for the PROPERTY. Thus, the CUSTOMER must allow for appropriate access to the Meter to the Village Department of Public Works. If a meter pit is required, it will be installed as close as possible to the water main as approved by the VILLAGE.
B. The VILLAGE will read the Meter to properly bill the CUSTOMER and invoice the CUSTOMER quarterly for the total cost for all water conveyed by the VILLAGE according to the water rate listed for Town customers on the VILLAGE Fee Schedule and the CUSTOMER shall pay the VILLAGE for the charges for all such water conveyed as set forth in Section 3 of this agreement.
C. The Meter shall be purchased from the VILLAGE and installed by the VILLAGE at the sole expense of the CUSTOMER. The Meter shall meet VILLAGE specifications and American Water Works Association (AWWA) specifications will be used where practicable. The Meter shall be installed at a location approved by the VILLAGE. The VILLAGE may make estimates if the Meter is not functioning properly or for any reason the Meter cannot be read. The VILLAGE shall at all
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times have free access to the Meter. The CUSTOMER shall be subject to the same penalties as VILLAGE water users for late payment of water bills. In the event the Meter is not functioning or is not accurately measuring water consumed, the VILLAGE may make estimates based upon any method that is reasonable.
SECTION 9. MAINTENANCE .
The CUSTOMER agrees at its own cost to promptly repair all service line leaks or breaks within the PROPERTY. If the CUSTOMER fails to promptly repair any such leak or break after ten (10) days' notice from the VILLAGE, the VILLAGE may make said repair, although under no obligation to do so, and the CUSTOMER shall reimburse the VILLAGE for the cost thereof within thirty (30) days of billing from the VILLAGE. No notice will be required if the water leak or break involves a large loss of water or creates any damage to persons or property as determined by the VILLAGE.
SECTION 10. VILLAGE WATER RULES AND REGULATIONS.
VILLAGE Rules to Apply. The water rules and regulations of the VILLAGE as adopted and as amended to date and as may be further amended from time to time and any new water laws, rules and regulations enacted by the VILLAGE shall be deemed a part of this agreement, as if fully set forth herein, to the extent said rules and regulations are not inconsistent with this agreement.
SECTION 11. EASEMENTS, APPROVALS, ETC .
The CUSTOMER shall obtain any necessary easements, approvals, licenses and permits that may be required for the PROPERTY to obtain and distribute water from the VILLAGE to the satisfaction of the Village Attorney.
SECTION 12. CUSTOMER RESPONSIBLE FOR ALL EXPENSES WITHIN PROPERTY.
The CUSTOMER shall be responsible for all costs of this Agreement, and in the event the VILLAGE incurs any expense attributable to the PROPERTY outside of the normal expense in providing water, e.g., VILLAGE repairs a CUSTOMER water line (although under no obligation to do so), then CUSTOMER shall reimburse the VILLAGE within thirty days of billing for all of VILLAGE'S costs associated with the PROPERTY for which the expense is incurred.
SECTION 13. RIGHT OF VILLAGE TO SUSPEND OR TERMINATE CONTRACT.
A. In the event that the VILLAGE is required to bring any action for enforcement of its rights under this agreement, the parties consent to the jurisdiction of the Village of Red Hook Court. In the event that the VILLAGE obtains a judgment, the VILLAGE shall be entitled to its reasonable costs including attorney's fees.
B. The VILLAGE shall have the right to enforce the terms of this agreement by any legal or equitable remedy. Upon cancellation of this agreement or upon termination of this agreement the VILLAGE shall have the right to disconnect the CUSTOMER from the VILLAGE water mains as the VILLAGE deems necessary.
C. Any cancellation or termination of this contract under this Section shall be effective at once in case of emergency that adversely affects the VILLAGE water system or any part thereof. Such
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emergency to be determined solely by the VILLAGE. Unless an emergency requires, the VILLAGE shall give advance notice to the CUSTOMER prior to any cancellation of this agreement for reason of non-compliance. The advance notice to the CUSTOMER shall state the reason for cancellation and give the CUSTOMER reasonable time to correct the violation or noncompliance.
D. A waiver by the VILLAGE of a breach by the CUSTOMER of any one or more of the provisions of this agreement does not constitute a waiver of any other provision of this agreement or of a subsequent breach of the same provision or provisions of this agreement.
SECTION 14. TERM OF AGREEMENT.
This agreement shall become effective upon execution thereof by the parties. It shall remain in effect unless and until a party terminates the agreement by written notice of not less than sixty days. The VILLAGE may terminate the agreement on 60 days’ notice in the event of non-payment or habitually late or deficient payment.
SECTION 15. ASSIGNMENT.
The VILLAGE shall have the right to assign all or part of its rights and obligations under this agreement to any other municipal entity or other entity authorized by law to sell water. This agreement shall not be assigned by CUSTOMER in whole or in part without the prior written approval of the VILLAGE.
SECTION 16. BINDING EFFECT.
This agreement shall bind the parties hereto, their successors and assigns.
SECTION 17. This contract was approved by the VILLAGE at a meeting of the Board of Trustees of the Village of Red Hook held on the ___ day of _________, 20.
IN WITNESS WHEREOF , the parties hereto, pursuant to duly adopted Resolutions of the parties have caused this agreement to be signed by its duly authorized official and their corporate seals to be hereunto affixed the day and year first written above.
IN WITNESS WHEREOF , VILLAGE and CUSTOMER have caused this Agreement to be executed in duplicate originals by their duly authorized officers as of the day and year first above written.
VILLAGE OF RED HOOK
By: Karen Smythe - Mayor
By: ____________________, Property Owner
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STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS )
On _____, 20, before me, the undersigned, a notary public in and for said state, personally appeared _________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
____________________________ Notary Public
STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS )
On ___________, 20 before me, the undersigned, a notary public in and for said state, personally appeared _______________., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
____________________________ Notary Public
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