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