2008-233 - Laserfiche WebLink

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County has the legal ability to change the rates and fees for bulk water usage for water from time to time. 3. Use of Interconnect. The County and MHC acknowledge and agree that: (a) the Emergency Water Interconnect shall only be used in the event of an emergency that is beyond the control of MHC, such as complete disruption of the Community's water system due to hurricane or other natural disaster; (b) normal Community water system shut downs for maintenance are not and will not cause the activation of the Emergency Water Interconnect; and (c) the County is the sole entity that has the ability to activate the Emergency Water Interconnect. Notwithstanding the foregoing, the County and MHC acknowledge and agree that the scheduled Community water system maintenance, contemplated to result in a complete shut -down of the Community water distribution system, scheduled for August, 2008 (herein the "2008 Shutdown") shall be an allowable use of the Emergency Water Interconnect, but solely for the duration of the 2008 Shutdown. MHC shall provide written notice of the 2008 Shutdown to the County at least 48 hours in advance of the 2008 Shutdown, 4. Meter. MHC shall install, at its sole cost and expense, a metering facility approved by the County at the point of interconnection between the County's water supply and the Community's water supply. The metering facility is shown on the plans for the Emergency Water Interconnect, attached hereto as Exhibit "A" and incorporated herein by this reference in its entirety. The plans set forth in Exhibit "A" have been approved by the County on July 1, 2008, as evidenced by a permit approval letter from the County attached hereto as Exhibit "B" and incorporated herein by this reference in its entirety. 5. Term, This Agreement shall remain in effect for an indefinite term, subject to sooner termination as provided herein. This Agreement shall terminate in the event MHC actually connects the Community to the County's water system. 6. Entire Agreement. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by MHC and the County. 7. Governinq Law and Jurisdiction: The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 2