SEWER CONTRACT FOR PUBLIC AND PRIVATE WATER LINES
THIS AGREEMENT, made and entered into this _____ day of _________________, ______, between the City of Franklin, hereinafter referred to as the “City”, and ____________, hereinafter referred to as the “Developer”.
For and in consideration of the sum of sums of money hereinafter mentioned and the mutual promises of the parties herein contained, and particularly taking into consideration the fact that the City has installed a sewerage plant, pump stations and large trunk sewer lines, all at great expense, in order that the area involved here, among other areas, might be developed by the Developer and the community permitted to expand, and further that the City will in the future be responsible for repair, maintenance of the total public system, and other good and valuable considerations set forth hereinafter, the parties hereto have entered into the following agreement:
1. The City hereby agrees to and will permit the Developer to connect onto the City’s sewer lines, specifically ___________________________________________________, for sewer services to _________________________________________, subject to the installation and dedication and acceptance in writing by the City any required extensions of the City’s existing sewer lines necessary to serve the development in accordance with Exhibits A, B and C, hereto. Said extension is also referred to in this Contract as “facilities” and/or “public facilities.
2. The Developer is to install the lines and appurtenances as shown on the plat of the development (Exhibit A) in accordance with the plans approved for construction by the City on _________________, (Exhibit B), and the City’s standard specifications for sewer lines dated ___________, (Exhibit C). Exhibits A, B, and C are attached hereto and incorporated herein by reference.
3. The Developer is to perform all of the necessary work for the installation of the above-mentioned lines and appurtenances and completely install the same at no cost whatsoever to the City, all in accordance with the plat, plans and specifications hereinabove referred to, and for that purpose has entered into a contract which is identified as Exhibit D attached hereto and incorporated herein by reference with ________________, Contractor, in the amount of $______ .
4. All construction begun, continued and completed hereunder shall be subject to the inspection and approval of the City and their engineers and/or representatives who shall have a continuous right of inspection throughout the progress of the work. No public or private lines, meter boxes, fittings, valves or connections shall be covered until inspected and approved for backfill by the City.
5. It is specifically understood and agreed that all installations and material costs, including, but not limited to, all lines, meters, meter boxes, fittings, valves and appurtenances and such other facilities as may be required for said development, as well as the cost of acquiring easements and tap fees, shall be paid for by the Developer.
6. In the event of change in the plat, plans or specifications referred to above by written agreement executed by the parties, prior to the actual installation of the facilities, then such change shall be deemed incorporated in this Contract, as though set out verbatim herein, and a copy of said changed plat, plans or specifications shall be made a part hereof and incorporated herein by reference. It is further understood that such changed plat, plans or specifications, if any, may be looked to for a total description of the project to be performed by developer and for a total description of the properties conveyed to the City by the Developer.
7. In addition to the costs of the materials and installation herein provided for, the Developer hereby agrees to and will pay to the City upon the execution of this Contract an amount equal to six percent (6%) of the fair market value of said construction as determined by the City, said amount to be paid being $________, which is to cover the City’s inspection, overhead and administrative costs. The Developer further agrees:
A. That the Developer will immediately repair or have repaired at its own cost and expense all breaks, leaks or defects of any type whatsoever arising from any cause whatsoever occurring within one (1) year from the date said public lines, meters, meter boxes, fittings, valves and appurtenances and other required facilities that are installed by Developer in accordance with this Contract are accepted in writing by the City;
B. That upon failure of the Developer to take immediate steps after proper notification to make such repairs, the City is hereby authorized by the Developer to make such repairs at the cost and expense of the Developer, or to employ others to make such repairs at the cost and expense of the Developer;
C. That the obligations of the Developer hereunder are in addition to and not in lieu of the obligations of the Developer to pay all rates, charges, and fees and satisfy all obligations set forth in the City’s Schedule of Rates, Charges and Fees that are in effect at the date such obligations arise;
D. That the Developer will satisfy all of the Developer’s obligations set forth in separate agreements between the parties and captioned for water contract for public and private water lines; and,
E. The City retains the exclusive rights to extend the public lines at no expense to the Developer at any time it sees fit, and upon the completion of the facilities to be dedicated to the City, the Developer hereby represents and warrants that same shall be paid for in full and that no liens or encumbrances shall remain in regard to said public facilities or the installation thereof.
8. By the execution of this Agreement, the Developer hereby represents and warrants that both the public and private sewer lines, meters, meter boxes, fittings, valves and appurtenances and other required facilities constructed by the Developer to serve the development will be installed in accordance with the plat, plans and specifications above mentioned, and Developer expressly warrants the public facilities constructed by Developer against defects in workmanship for a period of one (1) year from the date of acceptance in writing of the public facilities by the City.
9. It is agreed mat the City shall have exclusive title and ownership of all public facilities, i.e., the master meter serving the development and all facilities on the City’s side of the master meter, and the Developer hereby conveys to the City, free and clear of all encumbrances, all of said public facilities without the necessity of any further contract or deed, subject only to the acceptance in writing of said facilities by the City. The Developer shall, upon request of the City, execute and deliver a Deed of Conveyance of all of said property, suitably acknowledged for registration. It is expressly agreed, however, that no liability shall attach to the City as a result of or arising out of the construction or malfunction of these facilities. Construction will be completed within ___ calendar days after construction of these facilities is begun, and for each day in excess thereof Developer will pay the City the sum of Two Hundred Dollars ($200.00) as liquidated damages, provided, however, delays in construction caused by weather, strikes or similar causes beyond the control of Developer shall excuse strict compliance with this paragraph and any liquidated damages incurred by the City.
10. In the event that any action is filed in relation to the Contract, the unsuccessful party or parties in the action shall pay to the successful party or parties in addition to all of the sums that any party may be called on to pay, a reasonable sum for the successful parties’ attorney’s fees.
11. Developer shall comply with all existing federal, state and local laws or ordinances specifically including, but not limited to all existing ordinances of City relating to connection to and use of the sewer system of City.
12. The invalidity of any portion of this Contract will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
13. It is agreed that this Contract shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky.
Further, and in connection herewith, the parties hereto acknowledge that they have entered into MEMORANDUM OF UNDERSTANDING attached hereto as Exhibit E.
IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT as of the day and date first above written.
CITY OF FRANKLIN, KENTUCKY
BY: _____________________________________
JIM ARNOLD, MAYOR
ATTEST:
____________________________________
KATHY STRADTNER, CITY CLERK
DEVELOPER:
BY: __________________________________
Name: ________________________________
Address: ______________________________
Telephone: (_____)_____________
(Ord. 610.8-2000, passed 12-11-2000)