Prairie’s Edge Development Corporation
(Hereinafter referred to as the “the Owner”)
(Hereinafter referred to as the “the Well User”)
AGREEMENT FOR WATER WELL ACCESS
WHEREAS the Owner owns Parcel M, Plan Number 102213548 (hereinafter termed “the Well Site”), where a non-potable water well (hereinafter termed “the Well”) is located in the North West corner;
AND WHEREAS the Owner has agreed to allow the Well User access to the Well at the Well Site, provided that the Well User undertakes the obligations described in this agreement and agree to abide by the terms, covenants, and conditions herein set forth;
NOW THEREFORE the parties agree as follows:
The term of this Agreement shall commence from the date of execution of this Agreement and, provided that there is no unremedied breach or default by the Well User, shall continue until October of 2021, or until earlier terminated by either party to this Agreement upon 10 days written notice to the other, whichever occurs first.
The Well User agrees to pay the Owner a fixed annual sum of $50.00 for activation of a key fob to provide access to the Well for the term of this Agreement, and a further sum of $50.00 to be pre-loaded onto their key fob to be used toward purchase of water from the Well. The Well User can load additional funds onto their key fob as required.
2.1 Well Users shall pay for water from the Well at a rate of $0.0025 per liter, to be paid for by use of their pre-loaded key fob.
Upon full execution of this Agreement and payment in accordance with clause 2, the Owner agrees to provide the Well Users to access the Well located thereon. The Well User agrees that they shall use Bonnyview Drive to enter Parcel M.
3.1 The Well User agrees that they shall only access the Well for personal use and shall not permit any third party to use their key fob to access the Well for any reason whatsoever. The Well User further agrees that they will lock access to the Well upon their exit from the Well Site after each visit.
3.2 The Owner may make a water trailer available for usage by the Well User, to pull behind an ATV or other motor vehicle. The Well User agrees that if using the water trailer, they will only use it to haul water as provided in accordance with this Agreement, and will not use the trailer for any improper purpose. The Well User agrees to return the water trailer to the Well Site in the same working condition when they are finished using the same. The Owner does not guarantee that a water trailer will be available to the Well User and shall not be obligated to provide one.
4. ADDITIONAL TERMS
The Well User shall observe and abide by responsible water conservation and water management practices. The Well User acknowledges that the Owner expressly disclaims any representations as to the quantity, quality, pressure, or uninterrupted supply of the water supplied via the Well, pursuant to this Agreement.
4.1 The Water User agrees that the Owner shall not be liable for interruptions or disruptions in delivery of water services howsoever occasioned, whether by reason of necessity, repair, maintenance, strikes, acts of God or other circumstances whatsoever. The Owner may temporarily limit or interrupt the use of the water well if, in its sole discretion, it is of the opinion that it is advisable to do so by reason of a lack of water supply arising by any cause, including an emergency situation, maintenance of the water well, or loss or damage to the Well that interferes with the continued supply of water services.
4.2 The Well User shall maintain the Well and the pump and water trailer, or any other well components in a state of good repair. They Well User may be held liable for any damages that they cause to the Well or the water trailer and any associated well components due to their negligent use.
4.3 This Agreement shall be governed by the laws of the Province of Saskatchewan.
THE OWNER HEREBY PUTS THE WELL USER ON NOTICE THAT THE WATER IN THE WELL IS NON-POTABLE WATER ONLY, AND IS NOT FOR HUMAN CONSUMPTION OF ANY SORT. The Well User shall indemnify and save harmless the Owner from any and all claims, liabilities, demands losses, actions, or causes of action whatsoever, including death, loss, property damage, or personal injury to the Well User or others brought by any person, firm, corporation, or other entity, arising out of, or incidental to the use of the Well, use of the pull behind water trailer, access to the Well Site or the supply of water from the Well to the Well User, or the failure to supply water to the Well User. The Well User shall further indemnify and save harmless the Owner of and from any and all claims, liabilities, demands losses, actions, or causes of action whatsoever, brought by any person, firm, corporation, or other entity, arising from the operations, work, or any act of negligence of the Owner, or any of the Owner’s assignees, subtenants, agents, contractors, servants, employees, or licensees.