A. Notwithstanding any contrary provision of this code, the director may authorize water service to be:
1. Rendered to a project consisting of vertical parcels at a single metered point of service or multiple metered points of service, with sub-meters for each parcel, as specified by the director; and
2. Billed to a single person authorized to receive and pay for the water service for and on behalf of all the parcel owners, referred to in this section as the "authorized party."
B. If the director authorizes water service pursuant to subsection A, before receiving any water service connection the authorized party and all parcel owners must enter into a water service agreement with the department, in a form approved by the city attorney, that includes the terms and conditions specified by the director, including, at a minimum, the following:
1. The owners and authorized party shall be solely responsible for all water distribution facilities within the project, including the sub-meters for all parcels;
2. The authorized party shall pay when due the rates, fees, and charges for water service rendered to the city's metered points of service; shall be solely responsible for the allocation, billing, and collection of these costs among the parcels within the project based on sub-metering; and, if required by the director, shall furnish a security deposit to assure payment;
3. If the authorized party fails to pay all or any portion of the rates, fees, and charges for water service rendered to the city's metered points of service when and as required:
a. The city may discontinue water service provided through the city's metered points of service until all rates, fees, and charges are paid in full, and
4. The owners and authorized party shall release any and all claims arising from the city's discontinuance of water service for nonpayment, including unknown claims arising under California Civil Code Section 1542;
5. The owners and authorized party shall defend, indemnify, and hold harmless the city, its officers, employees, and agents against any and all liabilities and costs (including attorney fees) arising from:
a. Any action or failure to act by the owners or authorized party, or their respective members, officers, employees, contractors, or agents,
b. Any discontinuance of water service for nonpayment, or
c. Any claim related to the authorized party's authority to act on behalf of the parcel owners;
6. The agreement shall be recorded so that the agreement's obligations are covenants that run with all parcels within the project, in accordance with Section 1468 of the Civil Code, and bind all members, successors, and assigns of the owners and authorized party;
7. If the services of any attorney are required by a party to secure performance of the agreement, or due to a breach or default of a party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of the agreement, the prevailing party shall be entitled to reasonable attorney fees, costs, and other expenses, in addition to any other relief to which the party may be entitled; and
8. Except as provided otherwise in the agreement, the provision of city water service shall be subject to all applicable provisions of the city charter, this code, and any other statute, regulation, ordinance, resolution, or city policy or procedure. (Ord. 2015-0011 § 4)