Creekside sewer/water service agreement

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. Revision 12-14-11 b. MCES Wastewater Char�es. Long Lake will be responsible for paying the ong�ing MCES Wastewater Charges. 7. WATER C4NNECTION CHARGES. Long Lake wili bill Orono a water � connec n charge for each property designated as a Category 2 property in Exhibit A that corinects to municipal water in the Creekside Service Area. Connection to the water system for Category 2 properties is on a voluntary basis for each property and is not mandated by Orono. 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 also 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 aud'zt the number of homes within the Creekside Service Area that have water connections. The following applies to the properties wittun each category: Category 1 Properties: The Long Lake water connection charges for ali Category I properties, consisting of hookup fees and tap fees, were paid in full at the time the subdivision was developed. Category 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 Properti.es; The Category 3 property has been directly connected to the Long Lake water system since approximately 1962. It has not been connected 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 but Long Lake will have access to meters for-inspection and verification purposes. An Orono employee will be present duz�ing such inspections. 9. REGULATION OF USE. Orono agrees to regulate and control the use of the sanitary sewer system within Orono so as to prevent the discharge of waste or any storm water, 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-ta-time. In case of any continuing vioiations of such ordinances after reasonable notice, Long Lake shall have the option to terminate this Agreement per the provisions of Paragraph 1�5 of this Agreement. 10. LIABILITY; INDENIlVIFICATION. Each party to this Agreement shall be liable for the acts of their own off`icers, employees and agents and 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 466,the Minnesota Tort Claims Act, Section 471.59, and other applicabie law. Each party warrants that they have an insurance or self=insurance program and that each has minnnum coverage consistent with the liability limits contained in Chapter 466. Tlus Agreement does not constitute a waiver by either party of limitations on liabiliTy provided by Chapter 466 or other applicable law, This clause will 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 shalI defend, indemnify and hold the other 3