Sewer Water Connection Memo_Gaffron

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, Revision 12-14-11 b. MCES Wastewater Char�es. Long Lake will be responsible for paying the ongoing MCES Wastewater Charges. 7. WATER CONNECTTON CHARGES. Long Lake will bill Orono a water � connec n charge for each property designated as a Category 2 property in Exhibit A that conciects to municipal water in the Creekside Service Area. Connection to the water system for Categozy 2 properties is on a voluntary basis for each property and is not mandated by Orvno. At any time upon request of Long Lake, Orono will provide Long Lake with the total number of properties connected to the water system, and will aiso notify Long Lake at the time each new connection occurs. The water connection charges will be as indicated in Long Lake's fee sc�hedule for the current year and shall consist only of a hookup fee. Orono shall pay the invoice within 30 days of receipt of the invoice, Long Lake, with assistance from Orono, shall have the right to audit the number of homes within the Creekside Service Area that have water connectior�s. The follawing applies to the propenies within each category: Category 1 Properties: The Long Lake water connection chaxges for all Category I properties, cortsi�ting of hookup fees and tap fees,were paid in full at the time the subdivision was developed. Categary 2 Properties: These developed properties have not been connected to the sewer or water system and no Long Lake fees have been paid. Category 3 Properties: The Category 3 property has been dixectly cannected to the Long Lake water system since approxunately 1962, It has not been cannected to sewer and no Long Lake fees have been paid for sewez. - 8. METERS. Orono,at its sole cost, will install, maintain, service, and read a11 water meters in the Creekside Service Area btzt Long Lake will have access to meters for-inspection and vezification purposes. An Orono employee will be present duzing such inspections. 9. REGULATION OF USE. Orono a.grees to regulate.and control the use of the sanitaty sewer system within Orono so as to prevent the discharge of waste or any storm watex, surface water, ground water, roof runoff, or subsurface drainage into the sewer system that is in violation of Long Lake City Ordinances, as such may be amended from time-to-time. In case of any continuing violations of such ordinances after reasonable notice, Long Lake shall have the option to terminate this Agreement per the prflvisions of Paragraph 1�5 of this Agreement. 10. LIABILI'TY; INDENIlVIFICATION. Each pariy to this Agreement shall be liable for the acts of their own off'icers, employees and agents ar�d the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers; employees and/or agents. Liability and damages arising from the Cities' acts and omissions are governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Chapter 465,the Minnesota Tort Claims Act, Section 471.59, and other applicab3e law. Each party warrants that they have an. insurance or self-insurance program and that each has minimurn coverage consistent with the liability limits contained in Chapter 466, This Agreement does not constitute a waiver by either party of linaita.tions on liability provided by Chapter 466 or other applicable law, This clause wil] not be construed to bar any Iegal remedies that each party may have for the other party's failure to fulfill its obligations under this Agreement. Each party shall defend, indemnify and hold the other 3