Forms - Water Users Agreement
This is not a printable form. A copy of this form must be picked up at the Administrative Office.

This is an agreement made this ___ day of _______ , 19 __ , by and between Western Water Company, a non-profit corporation with principal offices located at 1775 St. Rt. 28, Goshen, Ohio 45122 and _____________ (“User”), whose mailing address is _______________ Tap Location: ______________

Recital:
Western Water Company is owner and operator of a water utility. User desires to purchase water from Company and to become a member of Company.

The Parties Agree as Follows:
Company shall provide water to User pursuant to the terms and provisions of this agreement. User shall be bound by the terms of this agreement and by the Code of Regulations, Code of Bylaws and Rules of Company, all of which are made a part of this agreement, as they now exist and as they may be hereafter amended, changed, modified or otherwise altered by action of Company.

User shall provide Company with a copy of the deed by which User claims title to the property to be serviced with water by this agreement. User shall also provide and grant to Company an easement as provided in the Rules. Such easement shall be perpetual and shall be in the format of Form FmHA 442—20, or such other format as Company shall require.

User shall pay for water at such rates, time, and place as shall be determined and published by Company in the water rate schedule and in the schedule of fees and charges.

Company shall determine the allocation of water to User (and to all other members) in the event of a water shortage or any other emergency, regardless of cause. Company’s determination of the existence of a shortage or other emergency and of allocation and proration of water shall be conclusive and shall bind User and all other members. The program of allocation and proration may limit or prohibit use of water for purposes or specific members.

No other present or future source of water will be connected, directly or indirectly, to any of Company’s waterlines by User. In addition, User will disconnect User’s present water supply prior to connecting to Company’s system. In no event shall User permit a cross—connection in User’s system.

User shall be connected to Company’s distribution system (by User’s service line) and shall commence to use water from the system on the date the water is made available to User by Company. Water charges to User shall commence on the date service is made available, regardless of whether connection has been made on such date. Connection of User to the system is User’s responsibility and shall be in accordance with Company’s Rules.

In the event Company determines, in its sole and conclusive discretion, that water service cannot be made available to User, Company shall have the right to terminate this agreement upon written notice delivered to User at the address set forth above.

In the event the User shall breach this agreement by refusing or failing to connect to Company’s distribution system as set forth above, or refusing or failing to pay a minimum monthly water rate as set forth in the water rate schedule, User shall pay to Company the sum of One Thousand Dollars ($1000.00) as liquidated damages. Breach by User of either obligation set forth above will cause serious and irreparable damage to the Company. It will be difficult, if not impossible to ascertain such damages. This amount is agreed upon as being just and reasonable compensation for such breach to Company. User promises to pay and Company agrees to accept such sum as liquidated damages, and not as a penalty, in the event of such breach.

User hereby indemnifies Company and agrees to save it and its property harmless from any loss, damage, claim, cost (including reasonable attorneys fees) or cause of action caused by or resulting from the negligence or wrongful act of User, his family, agents, employees or invitees.

IN WITNESS WHEREOF, Company and User have executed this agreement on the day and year set forth above.

(Seal)

Attest: Name / Title __________________________________ by:
Name / Title _________________________________________

User (Member): __________________ User: ____________________

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