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Exhibit 10.33
AN AGREEMENT made the 9th day of February, 1994,
BETWEEN: CAYMAN WATER COMPANY LIMITED, a Cayman company
("CWC")
AND: WIDAR LTD., carrying on business as RADISSON
RESORT GRAND CAYMAN ("the Consumer")
THE PARTIES AGREE that:
1. CWC will supply potable water by pipe to the Customer's property known
as "The Radisson Hotel" ("the Property") on the terms and conditions
specified in this Agreement and in the Schedule.
2. For the purpose of this Agreement, the Customer is deemed to be the
owner or his agent of the Property to which CWC is to supply water. The
consumer must settle bills of account for the supply of water within
the prescribed periods.
3. CWC must supply one main meter to the Property in accordance with
clause 8. The Consumer may supply and install individual meters
approved by CWC within the Property. CWC will xxxx the Customer and it
will be the Customer's responsibility to deal with any tenants or
guests.
4. CWC need not supply water if
(1) the Consumer does not pay the charges payable under this
Agreement by the due date or
(2) there is any deficiency in CWC's source of supply of water due
to any contingency affecting its machinery, and works or due
to any accidental or other interruption of its water supply.
5. CWC will have such rights of access to the Property as are necessary
for constructing, maintaining and operating its water supply BUT it
must repair any damage done by its servants or agents in the exercise
of those rights of access.
6. (1) The Consumer must pay CWC at its offices at X.X. Xxx 0000,
Xxxxx Xxxxxx, for water supplied at the rates specified in the
Schedule. The Consumer is also subject to the minimum monthly
charges specified in the Schedule.
(2) The Consumer must pay minimum charges even if it makes no use
at all of CWC's water supply
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or if it uses less than the specified minimum quantity per
month.
7. CWC must supply a minimum of sixty thousand (60,000) United States
gallons of water per month. The maximum amount of water that CWC must
supply
(1) in any 24 hour period is ten thousand (10,000) United States
gallons; and
(2) in any calendar month is one hundred eighty thousand (180,000)
United States gallons.
If the Consumer draws more than 10,000 United States gallons in any 24
hour period, or 180,000 United States gallons in any calendar month,
CWC may in its discretion disconnect the supply.
8. CWC must furnish, fix and maintain in good repair a meter for
determining the quantity of water used by the Consumer. The Consumer
must pay the rental specified in the Schedule for the use of the meter,
which will remain the property of CWC. If the meter is damaged by the
Consumer, its servants, agents or invitees, the Consumer must repair or
replace the meter at its expense. CWC will charge the Consumer for
water used based on the average water consumption of the previous
twelve (12) months when The meter was working, pro rata for the period
when the meter was not recording.
9. The Consumer may end this Agreement by a written notice which will be
effective only when all money owed by the Consumer to CWC is paid in
full.
10. CWC may end this Agreement at any time without notice if any amount
due to CWC under this Agreement remains unpaid three (3) days after a
demand in writing, addressed to the Customer, has been left at the
Property.
11. CWC must lay the necessary water lines to the boundary of the Property
at a location to be determined by CWC. The Consumer must pay the cost
of connecting the Property to CWC's line. The connections must be made
by or under the supervision of an employee of CWC. The Consumer must
not interfere with CWC water mains, control valves or meters and must
not connect any water pump or other apparatus direct to the water line
provided by CWC at any time.
12. All pipes for water supply on the Property must be fitted with
screw-down shut-off valves or equivalent at the Consumer's expense.
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13. CWC may from time to time increase its charges to the extent permitted
by its licence from the Cayman Islands Government.
14. The water supply service must be used only by the Consumer or his
tenants or guests and must not be re-sold or otherwise supplied to
third parties, either within or outside the boundaries of the Property.
15. Notwithstanding that CWC has connected any water supply to a hydrant or
sprinkler system on the Property, it is expressly agreed that CWC will
be under no obligation to provide water for fire fighting purposes, at
any time whatever or under any circumstances, and will not be liable
for any damage to the Property whatever caused by fire or any related
cause.
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SCHEDULE
Seven Mile Beach Service Agreement
Minimum water pressure 30 lbs. per square inch.
Charges are payable on the last day of each calendar month.
WATER TARIFF BASE RATES
Rates apply to amounts for the billing period.
o Water Charges - CI$17.45/1000 U.S. gallons plus
Energy Adjustment Factor
Minimum Monthly Charge is for 60,000 U.S. gallons
One and one-half percent (1 1/2%) late payment charge will be added after
delinquent date.
METER CHARGES
Size Monthly Rental Reconnection Fee**
---- -------------- ------------------
3/4" CI$ 3.50 CI$ 50.00
1" CI$ 5.00 CI$ 75.00
1 1/2" CI$ 7.50 CI$110.00
2" CI$10.00 CI$150.00
3" CI$15.00 CI$225.00
4" CI$25.00 CI$300.00
6" CI$40.00 CI$350.00
** This charge relates to work completed by CWC employees outside
the boundaries of the Property. Any work carried out by CWC employees within the
boundaries at the Consumer's request must be charged to the Consumer at cost
plus thirty percent (30%). Such work will be undertaken entirely at CWC's
discretion and must be previously requested in writing.
PLEASE NOTE:
Under The Water (Production and Supply) Law, 1979 (Law 15 of 1979) whoever
unlawfully interferes with CWC's water system or obstructs the execution of any
works by an employee of CWC in his duties as such is guilty of an offence, and
may be liable to be fined in accordance with provisions of the Law.
SIGNED by the Consumer in )
the presence of: )
)
) /s/ T.M. Parchment
) ---------------------------------
)
/s/ Xxxxxx Xxxx )
--------------------------------- )
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SIGNED on behalf of CAYMAN ) CAYMAN WATER COMPANY LIMITED
WATER COMPANY LIMITED in the )
presence of: )
)
) Per: /s/ Xxxxxx Xxxxxx
) --------------------------------
)
/s/ T.M. Parchment )
--------------------------------- )
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