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Boulder Countu :.erk ;0 9i <br />time to time. <br />i <br />1693164 <br />Page: 2 of 13 <br />04/24/199708:47A <br />66.00 D 0.00 <br />2. Compliance with Laws: Payment of Fees. Columbine agrees <br />to comply with this Agreement and all ordinances, rules and <br />regulations of the City applicable to City water service; except <br />that the water service provided pursuant to this Agreement shall <br />not be subject to Subsection 16.32.O5O.B of the Louisville <br />Municipal Code, which would otherwise require an agreement to annex <br />as a condition of out -of -City water service. Columbine shall pay <br />for the water delivered hereunder the rates, tolls, charges, tap <br />fees and other fees set by the City for out -of -City water service. <br />Columbine shall pay the total tap fee set forth in Paragraph 1 <br />prior to installation of a tap. Columbine acknowledges that <br />Parcels 1-3 are not entitled to water service without payment. The <br />City reserves the right to modify such rates, tolls, charges, and <br />fees through an ordinance of generally applicability to like <br />classes and types of water users. <br />3. Limitations on Wat r service. The water taps approved <br />under this Agreement shall be appurtenant to, non -transferable <br />from, and used solely for residential purposes upon Parcels 1-3. <br />Columbine acknowledges that for utility related reasons, such <br />service does not include fire flows, and that the water supplied to <br />Parcels 1-3 may require additional treatment beyond normal City <br />treatment. Columbine at its sole expense shall provide any <br />treatment beyond normal City treatment. Columbine further <br />ackncwledges that the water provided pursuant to this Agreement <br />will be provided on an interruptible basis. Such water service <br />shall be on a first -come, first -serve basis with other water <br />customers of the City water system. By this Agreement, Columbine <br />shall not receive any preference for or assurance of the <br />availability of water service from the City. The City shall not be <br />liable for any damages caused or resulting from the limitations on <br />water service contained in this Agreement. <br />4. Line Extension. To provide water service to the Parcels <br />1-3, Columbine may construct and install at its sole expense one <br />transmission line extension originating at existing City water <br />system facilities and extending to the Property, as specified in <br />the plans prepared and approved pursuant to Paragraph 5, below, and <br />located along the centerline described on Exhibit B, attached <br />hereto and incorporated herein by this reference. <br />5. Construction Plans. The transmission line extension, and <br />any individual service lines, meters, valves and other facilities <br />required for water service to Parcels 1-3 (collectively the <br />"Facilities") shall be installed at Columbine's sole expense and in <br />accordance with the ordinances, rules, regulations, specifications <br />and policies of the City in effect at the time of installation. <br />Prior to the installation of any such Facilities, Columbine shall <br />submit to the City for its review and approval all engineering and <br />construction plans and specifications for the Facilities. <br />2 <br />