Res 2002-153 - Laserfiche WebLink

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B. Kyle will pay to San Marcos a water system impact fee of $ 9000 for the connection at the initial Point of Delivery. Kyle will pay an impact fee in an amount mutually agreed upon by the parties for the connection at each subsequent Point of Delivery. Section 5. Billin2. A. At the end of each calendar month, San Marcos shall read the meter at each of the Points of Delivery, and immediately provide the results of the readings to San Marcos and to GBRA. On or before the 15th day of the following month, Kyle shall pay to San Marcos the amount due based on the reading for the previous month. After that due date, interest shall accrue on all bills at the maximum rate allowed by law. San Marcos shall have the right to verify any monthly bill. B. In the event Kyle fails to pay any charges when due and payable, San Marcos may give written notice of such delinquency to Kyle. If all bills due and unpaid, including interest thereon, are not paid within forty-five (45) days after delivery of such notice, then Kyle agrees that San Marcos shall be authorized at its option to institute suit to collect any amount due and unpaid, together with interest thereon and reasonable attorneys' fees; and Kyle further agrees that San Marcos may, at its option, discontinue delivering water to Kyle until all amounts due and unpaid are paid in full with interest thereon as herein specified. Section 6. Term of A2reement; Termination by San Marcos. This Agreement shall be and remain in effect for a period of not less than fourteen (14) years from the date construction of the WTL is complete and accepted by Kyle. San Marcos may terminate this Agreement, such termination to take effect at any time after such fourteen (14) year period, by giving Kyle written notice at least 48 full calendar months prior to the effective date of the termination. Such written notice having been given to Kyle, San Marcos may discontinue transporting water through its water distribution system to Kyle forty-eight (48) full calendar months' after the date of the written notice to Kyle. Upon receipt of such notice, Kyle shall make such arrangements as it deems necessary to continue to obtain delivery of its treated water from the San Marcos Water Treatment Plant. San Marcos hereby grants Kyle permission and a license, in such event, to construct, own and operate a water transmission line from the point of connection in Section 1 to the San Marcos Water Treatment Plant. Section 7. Force Majeure. If San Marcos should be prevented, wholly or in part, from transporting and delivering water to Kyle under this Agreement by reason of an act of God, unavoidable accident, acts of the public enemy, strikes, floods, fires, governmental restraint, breaks in San Marcos' pipelines or storage facilities, or for any other cause beyond San Marcos' control, then the obligation of San Marcos to deliver water to Kyle shall be temporarily discontinued during the continuance of such force majeure. No damages shall be recoverable from San Marcos by reason of the temporary suspension of the transportation and delivery of treated water due to any of the causes above mentioned. San Marcos shall notify Kyle promptly if such delivery of water is temporarily suspended and shall use due diligence to restore service at the earliest practicable date. C:\My DocumentslAGRsmwa.doc Page 4