Regina South Pipeline Public Utility Board |

Water Supply Agreement

RSP PUBLIC UTILITY BOARD

WATER SUPPLY AGREEMENT

THIS AGREEMENT made in duplicate this ______ day of _____________, 2005

BETWEEN

RSP (Regina South Pipeline) PUBLIC UTILITY BOARD,

A public utility board duly incorporated under the laws of The Rural Municipalities Act of the Province of Saskatchewan,

Hereinafter called the “Utility Board”

And

Name

______________________________________________________________________________

Address & phone #

Hereinafter called the “Subscriber”

WHEREAS the Subscriber has applied to the Utility Board for a water connection for the supply of a volume of one gallon per minute for domestic and/or stockwatering purposes; and

WHEREAS the Utility Board agrees to transport and supply water and the Subscriber agrees to take and pay for the transportation and supply of water upon and subject to the following terms and conditions.

NOW THEREFORE it is agreed by and between the parties as follows:

1. The Utility Board agrees to supply treated water as supplied by the City of Regina to the Subscriber at the following location and as outlined in Schedule “A” attached.

Ptn Qtr Sec Twp Rge R.M.

2. The Utility Board agrees to install all the necessary components up to and including the meter.

a. The point of delivery to the Subscriber will be the metering assembly which will be operated and maintained by the Utility Board.

The Subscriber acknowledges that all system service components upstream from and including the metering assembly are the property of the Utility Board.

The Subscriber shall assume all responsibility for all costs and construction of the distribution system from point of delivery, being the metering assembly, to the point of use.

The Subscriber shall obtain all necessary approvals and comply with the conditions of approval and all regulations that are now applicable to or may become applicable to this Agreement. This included any system improvements, such water storage facilities, cisterns, float valves, which for reasons of operation or maintenance, must be provided at the expense of the Subscriber. Failure to do so shall entitle the Utility Board to immediately discontinue the supply of water.

The Subscriber shall hold the Utility Board harmless from all claims, losses and damages incurred due to the failure of Utility Board facilities situated on the Subscriber’s property and caused by frost, flooding, or any other cause, other than mechanical failure.

3. The Utility Board does not guarantee a continuous supply of water. The supply of water and pressure will be subject to service requirements, operating and maintenance requirements that are or may be established by the Utility Board. The Subscriber will be subject to disruptions of service and agrees to conform to restrictions of water supply or rationing at the direction of the Utility Board.

4. The Utility Board reserves the right, at any time, to discontinue its service and remove the Utility Board facilities from the Subscriber’s premises in any case where, in the Utility Board’s opinion and such opinion is confirmed by the Minister of the Environment, the operations of the Subscriber contravene any federal, provincial, or municipal law relating to the pollution of the environment, whether such violation involves the pollution of air, soil or water or constitutes any other industrial nuisance. In the event the Utility Board should elect to discontinue the supply of water hereunder as hereinbefore provided, then the termination of supply shall occur without further formality effective as of the date indicated by the Utility Board in a notice to the Subscriber to that effect.

5. The Subscriber shall permit the Utility Board the right of ingress and egress from the point of connection of the lateral to the main line to and including the site of connecting facilities for the purpose of installation, maintenance and operation of such connecting facilities during normal business hours.

6. The Subscriber shall not supply water to any other party without first obtaining the written consent of the Utility Board.

7. The Subscriber shall pay to the Utility Board the cost of the connecting facilities required to deliver the water supply referred to in paragraph 2, as outlined in Schedule A attached.

a) For the purpose of this Agreement “Service Charges and Water Charges” means the charges approved annually by the Utility Board in compliance with the Utility Board’s bylaw’s, for the service classification.

b) The Subscriber agrees to pay the service charges and water charges. These charges will be set annually by the Utility Board and payment is to be made by the date established under Utility Board bylaws, after which date interest shall be charged at a rate and in the manner set out in the Utility Board bylaws.

9. The Utility Board shall invoice the Subscriber quarterly for the price of the water supplied hereunder and payment shall be made by the Subscriber forthwith upon receipt of such invoice directly to the Utility Board. The Utility Board shall be entitled to disconnect service to the Subscriber if the accounts submitted hereunder remain unpaid for ninety (90) days after the date of invoice, with any unpaid balances applied to the property taxes under provisions made in The Rural Municipalities Act, 1989.

10. The Subscriber hereby agrees that water supplied by the Utility Board shall be used exclusively for domestic and farm use of the Subscriber, unless otherwise expressly approved by the Utility Board.

11. The Subscriber agrees not to connect or permit a direct connection to the water supply of the Utility Board to any other water supply.

12. The Subscriber expressly acknowledges that the Utility Board may discontinue the water service in the event the service to the Subscriber poses operational concerns to the Utility Board, or if the Subscriber is in breach of any of the terms of this Agreement immediately upon notice to the Subscriber which may be posted at the location of the turn-off valve to the Subscriber’s property.

13. The Subscriber agrees to become and remain a member of the Utility Board and abide by the Bylaws of the Utility Board for the duration of this agreement.

14. The Subscriber agrees that the within Agreement forms an interest in land, and is caveatable at the discretion of the Utility Board.

15. This Agreement shall take effect from the date first above written.

16. This Agreement shall be binding upon the Parties hereto, their heirs, executors, successors, administrators and assigns.

IN WITNESS WHEREOF the Utility Board has affixed its corporate seal attested to by its proper signing officers, and the Subscriber has hereunto set his hand and seal the day and year first above written.

RSP PUBLIC UTILITY BOARD

Per:

SIGNED, SEALED AND DELIVERED

In the presence of:

Subscriber

Witness

Subscriber

Witness

SCHEDULE “A”

The cost of connecting facilities for each and every water service connection shall be as follows:

a) The basic cost of subscription is $22,000.00.

b) A non-refundable deposit of $500.00 is required before October 31, 2004.

c) Unpaid balances of twenty one thousand five hundred dollars ($21,500.00) for connections, will be financed over a period of ten (10) years at a rate of interest negotiated by the Utility Board and its lender.

d) The basic cost structure includes the first 2000 metres from the closest service and every metre after that will cost an additional $10.00 per metre minimum (depending on location, number of road crossings, etc.)

e) Payments on principal will be accepted once per year without penalty.

f) Any unpaid balances of principal and interest owing for that year and/or water and service charges as at December 31^st will be applied to the property taxes, under the provisions of The Rural Municipality Act, 1989.

g) After October 31, 2004 subscribers for water service will pay a surcharge of Three thousand dollars. ($3000.00)

C A N A D A

PROVINCE OF SASKATCHEWAN

TO WIT:

AFFIDAVIT OF WITNESS

I, , of in

The Province of Saskatchewan,

MAKE OATH AND SAY:

1. That I was personally present and did see

Named in the within instrument, who is personally known to me to be the person named therein, duly sign and execute the same for the purpose named therein.

2. THAT the same was executed at , in the Province of Saskatchewan, and that I am the subscribing witness thereto.

3. THAT I know the said

And that he/she is in my belief of the full age of eighteen years.

SWORN before me at , )

In the Province of Saskatchewan, this )

day of )

2004. )

A COMMISSIONER FOR OATHS IN

AND FOR THE PROVINCE OF

SASKATCHEWAN .

Being a Solicitor -or-

My Commission Expires:

RECIEPT

DATE:

RECEIVED FROM

Dollars

By the RSP Public Utility Board as deposit for Water Service Connection.

RSP Public Utility Board