10-25-2006 Council Agenda - Laserfiche WebLink

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WHEREAS, it is the Board's intention to promote equity among its retail and wholesale customers with regard to water rates; and WHEREAS, the Board and Little Canada desire to continue their relationship and to enter into a written agreement for the wholesale provision of water; and NOW, THEREFORE in consideration of the mutual covenants contained herein the Board and Little Canada do hereby agree as follows: ARTICLE 1 SECTION 1.01. Other Contracts This Agreement superesedes and replaces a contract now existing by and between the parties dated September 14, 1970, ( "the 1970 Agreement ") as amended on February 10, 1989, ( "Amendment No. 1 ") and on November 1, 1991 ( "Amendment No. 2 "). All the legal obligations between the parties for the wholesale provision of water shall from this date forward be governed by this Agreement. It is also understood and agreed that this entire Agreement supersedes all oral or written agreements and negotiations between the parties relating to the subject matters herein. SECTION 1.02. Term This Agreement shall remain in force and effect for a term of twenty (20) years, commencing on the Effective Date of this Agreement, as described in Section 10.10 Effective Date of At least two (2) years before the expiration of the term, of this Agreement, representatives of the Parties agree to meet, review the Board's performance and costs, and discuss in good faith whether to continue their contractual relationship for additional terms. This Agreement may be renewed for two additional 10 -year terms by the mutual agreement of both parties. V:\ Engineering \BPSCHIDA \Ageements \Water Service \Little Canada\Little Canada 10 -18 -06 doe 2 -3-