Creekside sewer/water service agreement

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. � • Revision 12-14-11 party harmless from any and aIl liability, on account of injury to persons or damage to property � occasioned by the alleged negiigent or intentional acts of the indemnifying party, Neither party ! shall be indemnified for losses or claims occasioned by its own negligence or intentional acts. � � 11. AMENDMENTS. This Agreement may be amended to provide for additional � connections to Long Lake's water and sanitary sewer systems by written agreement between the Cities. 12. NOTICES. Any notice required hereunder sha11 be hand deli�ered or mailed as follows: AS TO ORONO: City of 4rono Attn.; City Administrator 275Q Kelley Parkway . ' � P.�. Box 66 Crysta] Bay, MN 55323 AS TO L,ONG LAKE; City of Long Lake Attn.: City Administrator . • 450 Virginia Avenue P,O. Box 606 � Long Lake, MN 55356 13. DATA PRACTICES ACT. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. If either party receives a data request affecting data or property of the other party, the party receivi�g the request shall immetiiately no�ify the other pariy of the request and of the scope of intended disclosure. Each party xetains its full rights under the Act. 14. RECORDS. Each party will keep proper books and recoxds to reflect a11 expenses and receipts relevant to the subject matter of this Agreement, Long Lake agrees that its books will reflect the:application of receipts to capitai and operating accounts in accordance with sound � accouriting practice. Each party will have access to all relevant books and records of the other P�Y� 15. DURATIONIDiSPUTE5/'I'ERMINATION. This Agreement begiiis on the day it was approved and-signed by the Cities and is effective retroactively to July 1, 2011 a.nd shall be perpetual in duration unless terminated by the written agreement of both parties. Either party may terminate this Agreement upon 24 rnonths advance written notice to the other party. However, Long Lake may not terminate this Agreement unless alternative services are availabie to Orono on a reasona.ble basis. Any dispute under this Agreement shall be determined by binding arbitration in accordance with the Rulas of the American Arbitration Association (or similax Association reasona.bly acceptable to the Cities)and judgment resulting fram such arbitration may be entered into any Court having jurisdiction. 16. TERMINATION OF PRIOR AGREEMENTS. This Agreement shall supersede all prior agreements between the Cities regarding sewer and water issues pertaining to the Creekside Service Area. 4