CCP 02-28-2012 - Laserfiche WebLink

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agrees to reimburse water and sanitary sewer customers for up to $25,000 of clean up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the City of New Brighton is negligent or otherwise liable for damages, subject to the following conditions: I. Sanitary Sewer Back-ups: A. The back-up must have resulted from a condition in the City of New Brighton's sanitary sewer system or lines and not from a condition in a private line. B. The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance is available. C. The back-up must not have been caused by an interruption in electric power to the City of New Brighton's sewer system or to any City of New Brighton lift station, which continues for more than 72 hours. D. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. E. Neither the City of New Brighton nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City of New Brighton or LMCIT will reimburse is $25,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the City of New Brighton's sewer system is considered a single building. II. Water Main Breaks: A. LMCIT will pay for claims presented by the City of New Brighton for water main break damage to property of others which was not caused by the City of New Brighton's negligence. B. Neither the City of New Brighton nor LMCIT will pay for damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners' or other property insurance. C. The maximum amount that the City of New Brighton or LMCIT will reimburse is $25,000 to any claimant, regardless of the number of occurrences or the number of properties affected. D. Neither the City of New Brighton nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or $25,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated.