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12-017
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12-017
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3/2/2012 8:54:59 AM
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agrees to reimburse water and sanitary sewer customers for up to $25,000 of clean up costs <br />kid property damages caused by a water main break or sanitary sewer back-up, regardless <br />p,'wwhether the City of New Brighton is negligent or otherwise liable for damages, subject <br />to the following conditions: <br />1J Sanitary Sewer Back-ups: <br />A. The back-up must have resulted from a condition in the City of New Brighton's <br />sanitary sewer system or lines and not from a condition in a private line. <br />B. The back-up must not have been caused by catastrophic weather or other event for <br />which Federal Emergency Management Assistance is available. <br />C. The back-up must not have been caused by an interruption in electric power to the <br />City of New Brighton's sewer system or to any City of New Brighton lift station, <br />which continues for more than 72 hours. <br />D. The back-up must not have been caused by rainfall or precipitation that would <br />constitute a 100 -year storm as determined by the National Weather Service. <br />E. Neither the City of New Brighton nor LMCIT will reimburse any costs which have <br />j been or are eligible to be covered under a property owner's own homeowners' or <br />other property insurance, or which would be eligible to be reimbursed under a <br />National Flood Insurance Protection (NFIP) policy, whether or not the property <br />owner actually has NFIP Coverage. <br />F. The maximum amount that the City of New Brighton or LMCIT will reimburse is <br />1 i$25,000 per building, per year. In this regard, a structure or group of structures <br />i served by a single connection to the City of New Brighton's sewer system is <br />considered a single building. <br />Water Main Breaks: <br />A. LMCIT will pay for claims presented by the City of New Brighton for water main <br />break damage to property of others which was not caused by the City of New <br />Brighton's negligence. <br />B. Neither the City of New Brighton nor LMCIT will pay for damages or expenses for <br />which the property owner has been or is eligible to be reimbursed by any <br />homeowners' or other property insurance. <br />C. The maximum amount that the City of New Brighton or LMCIT will reimburse is <br />$25,000 to any claimant, regardless of the number of occurrences or the number of <br />properties affected. <br />D. Neither the City of New Brighton nor LMCIT will pay more than $250,000 for <br />water main break damages resulting from any single occurrence. All water main <br />break damage which occurs during any period of 72 consecutive hours is deemed to <br />result from a single occurrence. If the total water main break damage for all <br />claimants in a single occurrence exceeds $250,000, the reimbursement to each <br />claimant will be calculated as follows: <br />1. A preliminary reimbursement figure is established for each claimant, equal to <br />the lesser of the claimant's actual damages or $25,000. <br />2. The sum of the preliminary reimbursement figures for all claimants will be <br />calculated. <br />
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