1993-11-01 TL 68 S20-T18-R12AGREEMENT
This Agreement made this day of 19"&, by
and between the City
of Blair, Nebraska,
hereinafter
referred
to as
"Blair", and
o k2'
hereinafter
referred
to as
"Customer".
WITNESSETH:
Whereas, Customer has made a request to Blair and hereby makes
application for water from within the municipality, said water to
be utilized at Customer's personal residence which is located on
the following described real estate, to -wit:
ISJ
ic
17
Whereas, under the terms and conditions as set forth l'her:ezn,i
Blair is willing to sell Customer city water.
NOW, THEREFORE, BE IT AGREED by and between the parties that
for and in consideration of one Dollar and mutual benefits to be
derived by both parties hereto, the specific receipt thereof being
hereby acknowledged, it is agreed as follows:
1. Customer shall be allowed to purchase water from Blair at
a place to be designated by the Director of Public Works of Blair.
Prior to installation of the meter and tap, Customer shall submit
to the City of Blair plans and specifications acceptable to Blair
for such tap and such tap shall be made in accordance with all
plans, specifications, and requirements of Blair. Such
specifications and requirements shall include but not be limited to
the installation of a back flow preventer. Such tap shall be such
size as required by Blair and all materials and supplies therefore,
excepting the water meter, shall be paid for by Customer. Customer
shall notify Blair, prior to commencement of construction and at
such intervals as specified by the Director of Public Works the
construction that will be performed so that inspection by Blair can
be performed.
2. Customer shall remit to Blair the sum of $ as a
deposit to insure timely payment of all charges for water provided
to Customer. In the event all bills for a period of three (3)
years are paid by Customer on or before the loth day of each month
during which they become due, said deposit shall be returned to
Customer less an amount equal to the average monthly water bill to
Customer less an amount equal to the average monthly water bill to
Customer during said three year period. Customer shall be subject
to Blair's usual and standard procedures for discontinuance of
service. Customer shall also pay to Blair a $ tap
fee prior to the time of connection to Blair's water system.
3. It is agreed by and between the parties hereto that Blair
makes.no representations, covenants, or warrants as to the volume,
velocity, pressure, or quality of the water provided to Customer
after connection to the municipal water system. It is further
understood and agreed that the City of Blair is not responsible for
nor shall any water system constructed or utilized by Customer
beyond the tap into the municipal water system be considered as a
part of the municipal water system. Blair shall have no liability
or responsibility to provide licensed operators for any system to
C .;g
which Customer may supply water as may be required by any State of
Nebraska agencies. Blair shall have no liability or responsibility
for maintenance or repairs to any line or water system constructed
or utilized by Customer. Blair shall not be responsible for nor
have any liability to Customer or any other person or persons
receiving water from Customer for fire protection or the
availability of water for fire protection purposes. Customer
agrees to indemnify and save harmless Blair from any and all
claims, causes of action, suits, or any other liability of any
nature or kind whatsoever and brought by the Customer or any other
person or entity for damages or injuries resulting in any way from
the provision of water service under this agreement. Such
indemnification shall also include attorney fees, costs, and all
expenses incurred in the defense of such action.
4. Unless earlier mutually terminated, this contract shall
terminate twenty-five (25) years from the date hereof.
5. The charges by Blair to Customer for water provided may be
adjusted from time to time by the Mayor and City Council of Blair.
The Customer shall also be subject to all other rules and
regulations of the City of Blair as pertains to its customers of
the municipal water system, including but not limited to payment,
deposit, and shut off regulations.
6. This agreement shall be binding upon the heirs, personal
representatives, successors, and assigns of Customer. This
agreement shall also specifically run with the land with respect to
the real estate described hereinabove and shall be binding upon all
grantees, assignees, and subsequent owners of such real estate.
The Customer shall be responsible for and shall file a copy of this
agreement against said read estate in the office of the County
Clerk of Washington County, Nebraska, prior to Blair's providing
water service to the premises.
CITY OF BLAIR, NEBRASKA
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Alice I. Diedrichsen, City Clerk
Customer
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