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02-13-23-R
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02-13-23-R
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3.0 TERMS AND CONDITIONS. NOW THEREFORE, in consideration of the mutual <br />undertakings herein expressed, the parties agree as follows: <br />A. Reimbursement for Newly Installed 10 Horse Power Pumps. <br />1. Presbyterian Homes will reimburse the City for all cost incurred by the <br />City to purchase and install the two new 10 horse power pumps in Lift <br />Station No.7. <br />2. The City shall be responsible for routine maintenance and repair expenses <br />for the 10 horse power pumps, and Presbyterian Homes shall be <br />responsible for extraordinary maintenance and repair expenses for the 10 <br />horse power pumps which are attributable to the discharge of <br />objectionable materials from the Presbyterian Homes facility. <br />B. Reimbursement for Inline Grinder. <br />1. Presbyterian Homes will purchase and install, within a reasonable amount <br />of time to be determined by the City, an inline grinder in Lift Station No. 7 <br />pursuant to plans and specifications approved by the City. <br />2. After the initial installation of the inline grinder in Lift Station No. 7, <br />Presbyterian Homes will reimburse the City for all cost incurred by the <br />City to maintain, repair and/or replace such inline grinder as long as the <br />inline grinder or a replacement remain within Lift Station No. 7. <br />C. Construction of Presbyterian Homes Improvement Project. When Presbyterian <br />Homes constructs its Improvement Project, the City will determine if the inline <br />grinder will remain within Lift Station No. 7 or be moved to the private sanitary <br />sewer system on the Presbyterian Homes property. <br />1. If the inline grinder remains in Lift Station No. 7, Presbyterian Homes <br />shall continue to be responsible for the cost of its maintenance, repair <br />and/or replacement. <br />2. If the inline grinder is moved to the private sanitary sewer system on the <br />Presbyterian Homes property, Presbyterian Homes shall be responsible for <br />all cost associated with the removal of the inline grinder from Lift Station <br />No. 7 to the Presbyterian Homes Property and for all cost incurred by the <br />City to repair Lift Station No. 7 as a result of the removal of the inline <br />grinder. <br />D. Reimbursement of City Cost. Presbyterian Homes shall reimburse the City for all <br />cost incurred by the City pursuant to Section 3.OA, B, and C above, within 45 <br />days of receipt of an invoice from the City, or in the alternative, if such payment <br />is not received in 45 days, the parties agree that the City may assess such cost <br />against the Presbyterian Homes property. Which assessment shall bear interest at <br />
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