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MSWD ORDINANCE 93-3, SECTION 6 – APPLICATION FOR WATER SERVICE
6.01 Application for Water Service
The property owner, or his agent designated in writing, shall make application for regular water service by personally signing an “Application for Water Service” form provided by the district and paying the necessary fee for connection to district facilities, as prescribed in the latest resolution
on fees adopted by the Board of Directors.
6.02 Water Service to Customers Other Than Property Owner
Service to other than property owners shall be made as follows:
6.02.01 Property Owner’s Signature
Water service to be in the name of the property owner. If a property owner rents the premises, the owner or the owner’s agent designated in writing must complete and sign the application for service.
6.02.02 Temporary Service
A tenant may be given temporary service for fifteen (15) days upon payment of a security deposit and furnishing the district with the owner’s name, mailing address and telephone number.
The security deposit will be held on the tenant’s account for a minimum of twelve months to establish credit worthiness and will be refunded if the account is maintained in good standing.
6.02.03 Inability to Secure Property Owner’s Signature
The district will mail the application for service to the owner for signature. If the application for water service, signed by the owner, is not returned within fifteen (15) days, service will be terminated, pursuant to the district’s rules,
regulations, ordinances and resolutions.
6.02.04 Owner’s Responsibility
Whether or not a property owner has signed the district’s application for service form,
the property owner is not relieved of his or her responsibility for unpaid water charges for the subject property as provided in the ordinance and pursuant to California Water Code Section 31701 et. Seq.
TERMS AND CONDITIONS
The Mission Springs Water District (MSWD) owns, operates, and maintains the portion of the water service line from the water main to the outlet of the downstream side of the meter (“Service Connection”).
Check valves or backflow prevention devices and separate domestic water and fire sprinkler system are part of the Customer’s private property service line.
The Customer is responsible for the private property service line and appurtenances subject to MSWD’s Water Regulations and Service Ordinance.
Customer acknowledges that MSWD will provide a single Service Connection to Customer’s property identified in this application (“Property”). In the event MSWD discontinues water service to the Property for any reason set forth in MSWD’s rules and regulations (“Regulations”), including,
but not limited to, failure to make payment when due, MSWD may, in accordance with the Regulations, discontinue water service to the Property. If MSWD discontinues water service to the Property, there is no water service for the residential sprinkler system.
Customer assumes all risk of loss and damage to the Property, including the residential unit located on the Property or injury to persons arising out of the termination of such water service and hereby waives all claims in respect thereof against MSWD,
including losses arising from or in connection with the loss of residential fire sprinkler protection. In addition to the foregoing, Customer assumes all risk of loss or damage to personal and real property due to backflow from the fire sprinkler system portion of the
Customer Service Line into the domestic portion of the Customer Service Line for any reason whatsoever, including without limitation, any water quality exceedance.
Customer shall assume the defense of, indemnify and hold harmless MSWD from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorney’s fees), claims, losses and expenses of
every type and description (collectively, “Costs”) to which it may be subjected or put, by reason of, or resulting from: (A) the design, construction, testing (including inspection to ensure that such system is operational), operation, maintenance,
repair and replacement of the residential fire sprinkler system located on the Property; (B) the performance of or failure to perform of the residential fire sprinkler system located on the Property during Customer’s ownership of the Property;
(C) backflow from the fire sprinkler system portion of the Customer Service Line into the domestic portion of the Customer Service Line for any reason whatsoever, including without limitation, any water quality exceedance during Customer’s ownership of the Property;
and (D) any death, injury, property damage, accident or casualty caused or claimed to be caused by the discontinuance of water service to the Property for any reason set forth in MSWD’s Regulations, including, but not limited to, failure to make payment when due,
including any Costs arising from or in connection with the loss of the use of the residential fire sprinkler system on the Property during Customer’s ownership of the Property. MSWD shall make all decision with respect to its representation in any legal proceeding
concerning this Section. Customer hereby waives all claims and demands against MSWD for any such Costs.
Customer shall assume the defense of, indemnify and hold harmless MSWD from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorney’s fees), claims, losses and expenses of every type and description
(collectively, “Costs”) to which it may be subjected or put, by reason of, or resulting from: (A) the design, construction, testing (including inspection to ensure that such system is operational), operation, maintenance, repair and replacement of the residential fire sprinkler
system located on the Property; (B) the performance of or failure to perform of the residential fire sprinkler system located on the Property during Customer’s ownership of the Property;
(C) backflow from the fire sprinkler system portion of the Customer Service Line into the domestic portion of the Customer Service Line for any reason whatsoever, including without limitation, any water quality exceedance during Customer’s ownership of the Property;
and (D) any death, injury, property damage, accident or casualty caused or claimed to be caused by the discontinuance of water service to the Property for any reason set forth in MSWD’s Regulations, including, but not limited to, failure to make payment when due,
including any Costs arising from or in connection with the loss of the use of the residential fire sprinkler system on the Property during Customer’s ownership of the Property. MSWD shall make all decision with respect to its representation in any legal proceeding
concerning this Section. Customer hereby waives all claims and demands against MSWD for any such Costs.
Identification and ownership information will be through independent sources. By signing this application, applicant agrees to observe any district regulations now or hereafter adopted.
I have read and understand the information on page 2 of this document.
Signature:
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