PERMANENT WASTEWATER TREATMENT SERVICE AGREEMENT
THIS PERMANENT WASTEWATER SERVICE AGREEMENT is made and entered into as ofthe____ day of __________ 19___ by and between the TOWN OF CAVE CREEK, ARIZONA, aMunicipal Corporation (“Town”), and ________________(“Owner”).
RECITALS
(i) _________________ is the owner of a certain parcel of real property composed of approximately ___________ acres and located entirely within the Town of ___________, Arizona, which real property is more particularly described and set forth in Exhibit “A” attached hereto and incorporated herein (“Property”).
(ii) The parties acknowledge that the Town is currently in the process of causing the development and completion of a new public wastewater sewer service treatment plant (“New Town Plant”), which, upon completion and commencement of operation, will be able to provide wastewater treatment services to portions of real property situated within the Town.
(iii) In the interim, it is the desire and intent of the Town to enter into this Agreement with the owner, whereby the Town will provide wastewater treatment services for the Property by utilizing the expanded capacity set forth in that certain Agreement entered into by and between the Town and Cave Creek Sewer Company, Inc., an Arizona Corporation (“CCSC”), dated February 9, 1993, subject to such expanded capacity becoming available after the existing plant is expanded and after current and Cave Creek Sewer Improvement District Number 2 users and those who have purchased capacity guarantees have been served.
(iv) Accordingly, it is the desire and intent of the parties hereto to enter into this Permanent Wastewater Treatment Service Agreement to set forth the terms and conditions whereby the Town will accept and seek approval to add the Property to its wastewater planning area; will provide wastewater treatment services to the Property on an interim basis by utilizing the expanded Plant capacity of CCSC subject to and insofar as such expanded capacity is available, and will provide permanent wastewater treatment services to the Property subject to and upon the completion and commencement of operation of the New Town Plant.
NOW, THEREFORE, in consideration of the mutual promises herein set forth, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AGREEMENTS
1. The Town hereby accepts and agrees to seek approval to add the Property to its wastewater service area upon the terms and conditions hereinafter set forth, and to provide wastewater collection and treatment services to the Property.
2. The Town hereby agrees to provide wastewater treatment services on an interim basis, by utilizing the expanded plant capacity of CCSC, subject to such expanded capacity becoming available following the construction of a 45,000 gallon per day expansion to the CCSC existing plant. In consideration therefor, the owner of the Property agrees to connect the Property into the sewer line which has been constructed by the Town for the Cave Creek Sewer Improvement District Number 2, by constructing a sewer line at the Owner's expense (“Property wastewater line”) of such specifications acceptable to Town from the Property to the Town's sewer line, and further agrees to pay to the Town such tap, sewer development, and connection fees as will be assessed by the Town for the property's connection into said sewer line. The tap and connection fees shall be as shown in this section of this Permanent Wastewater Sewer Service Agreement, except as the Shown Fees may be modified by the Town Council in its sole discretion in the future. The tap, sewer development, and connection fees, per unit, for this project shall be paid upon connection of the Property wastewater line to the Town's Cave Creek Sewer Improvement District Number 2 line in the following amounts:
DESCRIPTION FEE PER UNIT
a. Exterior Connection $ ______.__
b. Sewer Development $______.__
c. Tap Fee $ 150.00
GRAND TOTAL $ ______.__
Thereafter each first user within the Property shall then be responsible for paying Town monthly user fees for each unit and any other fees required in Chapter 50 of the Town Code, and any Resolutions adopted by the Town establishing sewer rates, and abide by the rules for usage of the system established by said Chapter of the Town Code. The property Owner understands and agrees that:
a. The sewer lines shall be designed and built to meet the specifications of the Cave Creek Town Engineer.
b. Prior to acceptance of the sewer lines by the Town for maintenance, the Town Engineer will be given an opportunity to inspect all lines in the uncovered trench: and any “tap ins” to the collection line will similarly also be built to Town Engineer specifications prior to “cover up.”
3. Upon the completion and operational status of the New Town Plant, the Town hereby agrees to provide permanent wastewater treatment services to the Property; and in consideration therefor, the Owner of the property hereby agrees to pay to the Town such other fees with respect to the Property as are then established by the Town in causing the commencement of permanent wastewater treatment services by the new Town Plant for its customers.
4. As part of its acceptance and addition of the Property into its wastewater service area, as provided in Paragraph “1” above, the Town, whether on an interim or permanent basis as set forth above, agrees to accept and treat any and all wastewater being or to be produced from the Property as of the date the New Plant becomes fully operational and prior to that, subject to excess capacity in the existing plant of CCSC, as expanded by an additional 45,000 gallons per day becoming available after current and Cave Creek Sewer Improvement District Number 2 users have been served. For the purposes of the Agreement, the term “Wastewater” shall be deemed to mean and refer to any and all wastewater produced upon or within the Property now or in the future, up to the full development of the Property as determined by the Town's zoning regulations, including appurtenant landscaped common areas, if any.
5. This Agreement, and the respective rights, liabilities, and obligations, of the parties hereunder, shall inure to and shall be binding upon their respective successors, transferees, and assignees.
6. This Agreement, and the respective rights, liabilities, and obligations of the parties hereunder, shall be construed in accordance with and governed by the laws of the State of Arizona.
7. The Town may cancel this Agreement without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension thereof is in effect, an agent or employee of the owner of the property. The cancellation shall be effective when written notice from the Town Council is received by all other parties to the Agreement unless the notice specifies a later time.
8. This Agreement with its Exhibits, plus any written amendments, constitutes the entire agreement among the Parties. There are no verbal or other agreements between the Parties and no modification to this Agreement shall be effective unless made in writing and signed by the Parties.
9. All exhibits to this Sewer Agreement are fully incorporated herein as a material part of this Sewer Agreement.
10. If any provision of this Sewer Agreement shall be held invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall not be impaired thereby.
11. This document shall not be construed strictly in favor of or against any party to this Sewer Agreement, but according to its plain meaning.
IN WITNESS WHEREOF the parties have caused this Permanent Sewer Service Agreement to be executed in their respective behalves on the date first hereinabove written.
_________________________ (Owner)
By: _____________________________
Its ______________________________
THE TOWN OF CAVE CREEK ARIZONA,
a Municipal Corporation (“Town”)
By: _____________________________
Town Manager
APPROVED AS TO FORM:
__________________________________
Town Attorney
(§ 17A-2-5) (Ord. 94-06, passed 3-7-94; Am. Ord. 94-16, passed 7-11-94; Am. Ord. 94-17, passed 7-18-94)
Cross-reference:
Sewer; connection priorities; service agreement, see § 50.050