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w~T~t sari, acl~>~l~rrT <br />THIS AGREEM©VT ("Agreematt'~ is made and eateaed into this Zq~day of <br />20Q6> (the "EffecFive Date") by and between the City of Victor, Colorado <br />_,_ ("Seller's and T Mbrsi ~~..s,~EC~ ior.3, :t.~~c - ("BuY~°)> (~~r PAY maY be <br />,J referred to as a "Party" or ollectively as the "Parties"). <br />WHEREAS, Seller owns and operates a mumcapa] water system (tire "Water System"); <br />WHEREAS, Buyer desires to purchase water from Seller to resell to property owners <br />who do not have access to water on their property; and <br />WHEREAS, Seller is willing to sell water to Buyer pursuant to Section 18 of City of <br />Victor Ordinance No. 338, whams allows Seller to sell water to users for a flat fee of eight dollars <br />and fifty cents (58.50) per one thousand (1,000) gallons. <br />NOW, Tf~REFORE, in consideration of the above premises, the mutual promises and <br />covenants below, and for other good and vahuibie consideration, the receipt and adequacy of <br />which are hereby aclmowledged, the Parties agree as foIIows: <br />1. Delivery of Water. Ballet shall delivery wales from Seller's Water System to Buyer at a <br />location and time and by a method established by Seller's Watea Superintendent Seller shall <br />only deliver water as it is available, as determined by Seller at Seller's sole discretion, from <br />Seller's Water System. Seller may at any time decline Buyer's request far delivery of water. <br />The Parties carrentiy contemplate that Buyer will receive delivery of water at the following <br />location: Victor City Shop (the "Delivery Location"). The Parties further contemplate that the <br />water will be delivered to Buyer's water truclt via Se11er's tap at the Delivery Location. Nothing <br />in this Agreement shall require Seller to make any modifications to its Water System, including <br />any modifications to the delivery system or the metering system to accommodate Buyer. <br />2. Pavmatt The fee shall be Eight Dollars and Fifty Cents ($8.50) per One Thousand <br />(],000) gallons of water, as provided in Ordinsuoe No. 338, provided, however, that Seller may <br />change this fee ai any time. Prior to receiving delivery of water, Buyer shall pay Se1Ier, is <br />advance, the estimated cost of the wain Buyer anticipates receiving. After the delivery of the <br />water is made, the Parties shaIl adjust the amount based upon the actual amount of water <br />delivered to Buyer, via Bather a zefimd from Self or as additional payment from Buyer. <br />3. Resale Limitation. Buyer shall not deliver or resell any of the water delivered by the City <br />to Buyer to any pmperty located within the boundaries of the City of Victor, or to any property <br />located outside of the boundaries of the City of Victor that are served by Seller's Water System, <br />or to any property or owner or resident thereof that has an outstanding delinquent water bill from <br />SeIIer at the time ofthe coatemPtated delivery. <br />1. Termination. This Agte~-em may be terminated immediately upon written notice by <br />either Party- <br />DrhSbit 2 page t <br />