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WATER SERVICE AGREEMENT FOR DIRECT SERVICE <br />THIS AGREEMENT is made and entered into this day of , 2018, <br />by and between the CITY OF CLEVELAND ("PURVEYOR', acting by and through its <br />Director of Public Utilities by authority of Section 129.16 of the Codified Ordinances of <br />the City of Cleveland and the ("MUNICIPALITY', acting by authority of Ordinance No. <br />, passed on 12018. <br />WHEREAS, PURVEYOR owns and operates a waterworks system under the <br />management and control of its Division of Water, Department of Public Utilities, pursuant <br />to the Constitution and laws of the State of Ohio and the Charter and ordinances of the <br />City of Cleveland; and <br />WHEREAS, PURVEYOR under authority of the Charter of the City of Cleveland and <br />Article XVIII, Section 6, of the Ohio Constitution is empowered to sell and deliver its <br />surplus water to inhabitants and others outside its municipal boundaries; and <br />WHEREAS, MUNICIPALITY seeks to represent itself and its inhabitants to obtain <br />potable water from PURVEYOR for itself and its inhabitants; and <br />WHEREAS, PURVEYOR has been the sole supplier of water to MUNICIPALITY; and <br />WHEREAS, MUNICIPALITY shall utilize PURVEYOR to provide water to <br />MUNICIPALITY and its inhabitants and is willing to contract with PURVEYOR as the sole <br />and exclusive supplier of water for itself and its inhabitants on the terms, covenants, and <br />conditions hereinafter set forth; and <br />RECITALS: <br />1) Since entering into the Water Service Agreement for Direct Service to <br />MUNICIPALITY ("Water Service Agreement"), PURVEYOR has offered amendments to the <br />Agreement's terms and conditions with respect to the rights and obligations of the parties <br />and ownership of various water facilities. <br />2) Beginning in 2006, PURVEYOR offered to MUNICIPALITY an amendment to <br />the Water Service Agreement related to improvement of MUNICIPALITY'S distribution <br />system and joint economic development ("2006 Amended Water Service Agreement"). <br />3) PURVEYOR and MUNICIPALITY desire to further revise the terms of the <br />2006 Amended Water Service Agreement regarding the reimbursement for Capital <br />Improvement Projects ('2013 Amended Water Service Agreement'. <br />1 <br />