Creekside sewer/water service agreement

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• Revision 12-14-11 b. MCES Wastewater Charges. Long Lake will be responsible for paying the ongoing MCES Wastewater Charges. 7. WATER CONNECTION CHARGES. Long Lake will bill Qrono a water connec n charge for each property designated as a Category 2 property in Exhibit A that connects to municipal water in the Creekside Service Area, Cannection to the water system for Category 2 properties is on a voluntary basis fvr each property and is not mandated by Orono. At any time upon request of Long Lake, Orono wil3 provide Long Lake with the total numbex 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 shaJ.l consist only of a hookup fee. Orono shall pay the invoice within 30 days of receipt af 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 connections. T'he following applies to the properties within each category: Category 1 Properties: The Long Lake water connection charges for a11 Category 1 properties, consisting of hookup fees and tap fees,were paid in full, at the time the subdivision was developed. Categary 2 Properties: These developed properties have no#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 dixectly connected to the Long Lake water system since approximately 1962. Tt 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 all 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 duzing 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 discha.rge 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-to-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 prflvisions of Paragraph 1�5 of this Agreement. 10. LIABILITY; INDEMIVIFICATION. 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 resporisible for the acts of the other party, its officers; employees and/or agents, Liability and dannages 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 Claizns Act, Section 471.59, and other applicab3e law. Each party wa.rrants that they have an. insurance or self-insurance program and that each has minunum coverage consistent with the liabiiity limits contained in Chapter 466, This Agreement does not constitute a waiver by either party of limita.tions on liability provided by Chapter 466 or other applicable law. This clause will not be construed to bar any legal 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