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2012-094 RES AUTHORIZING/APPROVING AGREEMENT BY AND AMONG COP, NEXTERA ENERGY AND DAISY FARMS
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2012-094 RES AUTHORIZING/APPROVING AGREEMENT BY AND AMONG COP, NEXTERA ENERGY AND DAISY FARMS
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12/26/2012 2:52:26 PM
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CITY CLERK
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In the event any inspection of ineters reflects an error greater than two percent (2%), DAISY, <br />NEXTERA, and the CITY shall reasonably determine the point in time the error developed and <br />adjust applicable statements accordingly. If a point in time cannot be determined and a basis for <br />adjustment is not agreed upon between the CITY, NEXTERA, and DAISY within thirty (30) <br />days of the inspection, adjustments to applicable statements shall be made on the basis that the <br />error has applied to one-half (50%) of the time since the last determination of accuracy. <br />CITY shall read the meter at the end of every month during the term of this Agreement and shall <br />invoice DAISY for all water delivered. NEXTERA and DAISY agree to allow authorized <br />personnel from CITY access to the meter at the Diversion Point to collect monthly flow data. <br />NEXTERA and DAISY further agree to allow CITY to place an antenna or other communication <br />device at or near the meter to transmit metered flow information to City Water Utilities <br />Deparhnent. <br />ARTICLE V <br />RATE <br />DAISY shall pay the CITY the rate set out below for the raw water taken and purchased by <br />DAISY in accordance with the terms of this Agreement: <br />Year: Cost per 1000 Gallons: <br />First 10 years $.50 <br />Second 10 years $.60 <br />Third 10 years $.70 <br />The commencement date of the first 10-year period shall be the date upon which DAISY and <br />NEXTERA complete the New Facilities required to deliver water to the DAISY Facility. <br />For the purpose of billing and accounting for water purchased hereunder, the month (hereinafter <br />"billing month") shall begin at 12:00 midnight on the last day of the calendar month and shall <br />extend to 12:00 midnight on the last day of the following calendar month. Reading for billing <br />purposes shall conform as closely as practicable to the period covered by the billing month. <br />On or before the tenth day of each calendar month, DAISY shall pay the CITY for water <br />purchased during the preceding billing month plus any surcharge related to debt funding of <br />contemplated raw water pumping upgrades as set out below. <br />ARTICLE VI <br />SURCHARGE <br />In addition to the volume rate referenced above, DAISY shall also pay a surcharge related to the <br />debt funding of the contemplated Lake Pat Mayse raw water pumping upgrades. The formula for <br />this surcharge is as follows: <br />4 <br />
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