Date to begin Service: 04/01/2017
Daphne Utilities Service Agreement
The undersigned (“Customer”) and The Utilities Board of the City of Daphne, its successors and assigns (collectively, “Utility”), agree that Utility will furnish sewer service and Customer will pay Utility for sewer service subject to Utility’s rates, charges, applicable city ordinances, applicable state law, applicable federal law or other applicable regulation, as such rates now exist and are on file at the offices of Utility and may hereafter be altered or amended from time to time. Customer agrees and, to the extent necessary, gives Utility permission, to request, receive and use any and all information from Spanish Fort Water System, Inc. (“SF Water”) related to Customer and related to Customer’s water usage, including, but not limited to, the Customer’s monthly water consumption rates. Furthermore, Customer agrees that if at any point in time SF Water fails, refuses or is no longer required to provide Customer’s water consumption rates to Utility, Customer agrees to provide to Utility, a copy of the Customer’s SF Water bill each month pursuant to the terms and conditions developed by Utility at such time. Customer further agrees to pay all applicable deposits and agrees that such deposits may be used to pay for sewer service, maintenance service, facilities, connection fees, disconnection fees, shut-off valve installation costs and fees, late fees, collections fees, or any other charge, assessment, or fee (collectively, “Fees”). Customer further agrees to waive any exemptions as to any amount due as fully allowed by any Federal, State, municipal or other law. Customer further agrees that Utility may conduct a credit check prior to establishment of sewer service and may require additional deposits as a result of said credit check. In the event Customer shall breach this agreement by (1) refusing or failing to, without just cause, connect to the Department’s facility and use same as soon as the facility is available, or (2) refusing or failing to pay Fees, Customer acknowledges that Utility may, with or without notice to Customer, do any combination of the following: (1) collect all past due Fees, (2) collect any costs associated with collecting unpaid Fees, including attorney’s fees, (3) collect interest on past due Fees up to the maximum rate allowable by law, (4) disconnect or otherwise discontinue sewer service, and (5) report delinquency or default to applicable credit bureaus. Customer further acknowledges that service is interruptable at any time. The Customer further agrees to allow Utility access to Customer’s property (1) as necessary for Utility to survey, install, upgrade, repair, maintain, or inspect existing or contemplated sewer pipes, meters, or other facilities and (2) as necessary for Utility to determine usage for billing purposes. Customer further agrees that title to all property installed by Utility remains with Utility and may be removed by Utility only at any time, with or without notice. Customer grants Utility an easement and right of use along and over the premises for pipes, equipment or other facilities of Utility. Utility reserves the right to reject service to any customer for any reason at any time. Utility is not obligated to inspect or maintain sewer service on Customer’s property. Customer agrees to release and hold harmless Utility, its directors, its employees and its agents for any damage or injury that may occur as a result of any sewer connection, disconnection, repair, maintenance, improvement, upgrade, usage, failure, survey or inspection by Utility where such damage or injury is due to the negligence, recklessness, wantonness, misconduct or intentional acts of the Customer.