In consideration of the Association's undertaking the financing, construction and operation of a now-existing waterworks and sewerage system (hereinafter called "utility system") together with any future improvements or additions thereto, I agree:
1. To install and maintain at my expense the necessary service line to cause the property described above which is owned or occupied by me to be connected with the utility system. The undersigned parties hereby convey to Bear Creek Water Association, Inc., the right to install and maintain existing or future lines as deemed necessary by said Association to provide adequate water and sewer service to the property described above and to proceed across the subject property for the purpose of extending its facilities to provide water and sewer service to future customers, and further conveys and grants to said Association a perpetual ten foot easement across the described property with the aforesaid water and/or sewer line being the center thereof for said purposes. This easement shall run with the land described above and apply to all subsequent owners of said property, including all heirs, devisees, and assigns of the undersigned property owners. The exact location of any future water and/or sewer line to be deemed necessary to be installed shall be determined by the Association after consultation with the undersigned. In such installations, Bear Creek Water Association, Inc., agrees to place additional water and/or sewer facilities insofar as is reasonably possible, parallel to the property boundary lines of the property described above.
2. To begin using water (and sewer) immediately after being notified by the Association that service is available, or to pay not less than the minimum water bill for a minimum-period of thirty-six (36) months after notification of the Association that service is available, whether or not a connection is made or water consumed. It is further understood that any consumption in excess of the minimum rate will be charged in accordance with a schedule of monthly rates to be published by the Association.
3. To use water (and sewer) in accordance with the rules and regulations to be established by the Association and to promptly pay for the water (and sewer) at the applicable schedule of rate.
4. To pay a non-refundable meter installation fee, a non-refundable membership fee and a meter deposit, said deposit being refundable in accordance with the rules and regulations of the Association.
5. To be bound by all rules, regulations, by-laws and policies of the Association and as they may be duly revised, including policies and procedures for pump grinder units where pressure sewer is required, all of which are available for inspection upon request.
6. If pressure sewer is provided, to grant the Association a perpetual access to the sanitary pump grinder unit for verification that the unit complies with and is being operated and maintained in compliance with Association policies.
It is further understood that if for any reason the Association is unable to provide me with water (and sewer) service anticipated by the application, the full amount of my total fees will be refunded to me, and the perpetual ten-foot easement hereinabove conveyed by me to the Association shall be re-conveyed by the Association to me.
In the event that the undersigned becomes delinquent in the payment of the fees incurred by Association in connection with the service rendered to me, the undersigned agrees to pay all fees incurred by the Association in its attempts to collect said delinquent payments including court costs, attorney fees and/or collection fees.