Delivery and Availability of Recycled Water; Interruption of Service. A. Producer will deliver up to acre-feet of recycled water annually to User through a pipeline extension from Producer’s reclamation site, located at the end of Soscol Road, Napa, California, to the “Delivery Point” on or near User’s Property shown on Exhibit “A”. The recycled water shall be delivered to the Delivery Point between and pounds per square inch and at a rate of between and gallons per minute. User shall install at its own expense a meter and pressure regulator at the Delivery Point. User hereby acknowledges that upon installation and after inspection and acceptance by the Producer, ownership of the meter shall transfer to the Producer. [Note: This yellow highlighted section will be removed for customers where the MST CFD or the LCWD will be paying for the meter and pressure regulator as part of initial construction.] User may have its own irrigation pump stations and reservoirs located on the Property, to be paid for by User. User shall be responsible for the operation, maintenance and repair of any pressure regulator and the pipeline transporting the recycled water and for the recycled water from the Delivery Point to User’s places of use. Producer shall be responsible for the operation, maintenance and repair of the pipeline transporting recycled water and for the recycled water to the Delivery Point. User may use water under the following conditions: [some large customers may be restricted to certain flow rates, hours or days]_ B. User understands and agrees that if user property is within the LCWD service area, or if the user will be taking recycled water under the County of Napa’s MST allocation agreement with Napa Sanitation District, then User must participate in the respective financing districts as a condition of receiving recycled water. C. User understands that recycled water is a valuable commodity to the community, and that Producer has made reservations in its water availability policies to accommodate User’s desire to use recycled water. Therefore, User understands and agrees that if User does not use recycled water, or uses only limited amounts of recycled water, User may be restricted by Producer to the amount used historically (defined as the average of the prior three calendar years) and that additional recycled water in excess of this historical use may not be available to User. D. Producer will make good faith efforts to provide recycled water during the winter months (November through April) when desired by User, but User acknowledges and understands that the requirements of the Producer to meet its NPDES permit and other requirements imposed by the Regional Water Board, and District operational and maintenance needs, have supremacy in priority and may interfere with recycled water production, and that the risks associated with such failure to provide recycled water are completely understood and assumed by User. E. Producer shall serve as a “Water Master”. User agrees to cooperate with Producer, at Producer’s request, in the establishment of reasonable and mutually agreeable delivery schedules for the recycled water to meet specific requirements or goals related to maintenance or operating schedules, energy consumption, or reduced operating costs. User recognizes that the requests of various users may exceed the capacity of Producer’s wastewater treatment plant and delivery system and that Producer therefore may need to reduce the rates of delivery at which recycled water is delivered to the various users from time to time. In the event that the Producer reduces User’s requested rate of delivery, Producer shall use its best efforts to restore the requested rate of delivery as soon as possible and provide User with that amount of water it would have received had its rate of delivery not been reduced. Producer shall also have the authority to enforce the allocations of recycled water, and may impose specific conditions to ensure compliance with allocations, such as limiting the amount of water User can take in any month to no more than 30% the annual allocation. The Producer reserves the right to discontinue service and/or charge significantly higher rates if User exceed its allocation. F. Producer has the right to restrict water delivery to specific days or hours of the day to maintain water pressure, system capacity, or other operational considerations, including to reduce operating costs. G. Producer shall use its best efforts to ensure that service to User is provided consistent with the established delivery schedules, and User shall use its best efforts to accept recycled water as provided herein. However, both parties acknowledge that Producer’s supply and delivery of recycled water and User’s ability to take delivery of said water may occasionally be interrupted or curtailed due to Acts of God, power failures, accident, fire, strikes, riots, war, facility failures, facility improvements, inspection, maintenance and repairs of plant, distribution system and/or equipment, actions or decisions by a governmental agency, or any condition outside of a party’s control. Each party shall not be liable to the other for damages arising out of interruption or curtailment of service for these reasons. Insofar as feasible, the party whose performance hereunder is affected by such condition shall give the other party at least 72 hours advance notice of a temporary discontinuance or reduction in its delivery (in the case of Producer) or in its acceptance (in the case of User) of recycled water, except in the case of emergency, in which case notice need not be given.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Delivery and Availability of Recycled Water; Interruption of Service. A. Producer will deliver up to 4 acre-feet of recycled water annually from May 1st to October 31st to User through a pipeline extension from Producer’s reclamation site, located at the end of Soscol Ferry Road, Napa, California, to the “Delivery Point” on or near User’s Property shown on Exhibit “A”. The recycled water shall be delivered to the Delivery Point between 0 and 150 pounds per square inch and at a rate of between 0 and 200 gallons per minute. User shall install at its own expense a meter and pressure regulator at the Delivery Point. User hereby acknowledges that upon installation and after inspection and acceptance by the Producer, ownership of the meter shall transfer to the Producer. [Note: This yellow highlighted section will be removed for customers where the MST CFD or the LCWD will be paying for the meter and pressure regulator as part of initial construction.] User may have its own irrigation pump stations and reservoirs located on the Property, to be paid for by User. User shall be responsible for the operation, maintenance and repair of any pressure regulator and the pipeline transporting the recycled water and for the recycled water from the Delivery Point to User’s places of use. Producer shall be responsible for the operation, maintenance and repair of the pipeline transporting recycled water and for the recycled water to the Delivery Point. User may use water under the following conditions: [some large customers may be restricted to certain flow rates, hours or days]_none.
B. User understands and agrees that if user property is within the LCWD service area, or if the user will be taking recycled water under the County of Napa’s MST allocation agreement with Napa Sanitation District, then User must participate in the respective financing districts as a condition of receiving recycled water.
C. User understands that recycled water is a valuable commodity to the community, and that Producer has made reservations in its water availability policies to accommodate User’s desire to use recycled water. Therefore, User understands and agrees that if User does not use recycled water, or uses only limited amounts of recycled water, User may be restricted by Producer to the amount used historically (defined as the average of the prior three calendar years) and that additional recycled water in excess of this historical use may not be available to User.
D. C. Producer will make good faith efforts to provide recycled water during the winter months (November through April) when desired by User, but User acknowledges and understands that the requirements of the Producer to meet its NPDES permit and other requirements imposed by the Regional Water Board, and District operational and maintenance needs, have supremacy in priority and may interfere with recycled water production, and that the risks associated with such failure to provide recycled water are completely understood and assumed by User.
E. Producer shall serve as a “Water Master”. D. User agrees to cooperate with Producer, at Producer’s request, in the establishment of reasonable and mutually agreeable delivery schedules for the recycled water to meet specific requirements or goals related to maintenance or operating schedules, energy consumption, or reduced operating costs. User recognizes that the requests of various users may exceed the capacity of Producer’s wastewater treatment plant and delivery system and that Producer therefore may need to reduce the rates of delivery at which recycled water is delivered to the various users from time to time. In the event that the Producer reduces User’s requested rate of delivery, Producer shall use its best efforts to restore the requested rate of delivery as soon as possible and provide User with that amount of water it would have received had its rate of delivery not been reduced. Producer shall also have the authority to enforce the allocations of recycled water, and may impose specific conditions to ensure compliance with allocations, such as limiting the amount of water User can take in any month to no more than 30% the annual allocation. The Producer reserves the right to discontinue service and/or charge significantly higher rates if User exceed its allocation.
F. E. Producer has the right to restrict water delivery to specific days or hours of the day to maintain water pressure, system capacity, or other operational considerations, including to reduce operating costs.
G. F. Producer shall use its best efforts to ensure that service to User is provided consistent with the established delivery schedules, and User shall use its best efforts to accept recycled water as provided herein. However, both parties acknowledge that Producer’s supply and delivery of recycled water and User’s ability to take delivery of said water may occasionally be interrupted or curtailed due to Acts of God, power failures, accident, fire, strikes, riots, war, facility failures, facility improvements, inspection, maintenance and repairs of plant, distribution system and/or equipment, actions or decisions by a governmental agency, or any condition outside of a party’s control. Each party shall not be liable to the other for damages arising out of interruption or curtailment of service for these reasons. Insofar as feasible, the party whose performance hereunder is affected by such condition shall give the other party at least 72 hours advance notice of a temporary discontinuance or reduction in its delivery (in the case of Producer) or in its acceptance (in the case of User) of recycled water, except in the case of emergency, in which case notice need not be given.
Appears in 1 contract
Sources: Purchase and Sale Agreement