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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />of the Trunk Sewer and the manholes as identified in Exhibit A once every five years. <br />Lauderdale agrees to contribute $15,000 to the cost for cleaning, to be performed by <br />Roseville, which sum shall be deducted from the connection fee payment described in <br />paragraph 2 above. Lauderdale's contribution shall be considered as payment in full for <br />preventative maintenance every five years through 2110. <br />4. Major Maintenance. In the event major maintenance of the Trunk Sewer is required in <br />the future, the parties agree that they will share in the cost of the work on a percentage <br />basis, with Roseville's share based on the percentage of allocated capacity (16.5%) of the <br />Trunk Sewer and Lauderdale's share being 83.5%. For purposes of this paragraph, <br />"major maintenance" is defined as any maintenance except routine cleaning and <br />televising provided for under paragraph 3 above. Soth parties shall approve, in writing, <br />the plans for major maintenance of the Trunk Sewer. <br />5. Ownership. Roseville shall own the line and associated structures constructed within its <br />corporate limits and shall maintain them in good operating order. Roseville shall pursue <br />the licensure necessary to maintain the Roseville line. Lauderdale shall retain ownership <br />of the Trunk Sewer and associated structures existing within its corporate limits. <br />6. Ordinances Governing Use. Roseville shall maintain ordinances governing sanitary <br />sewer service to the PaCal Property which are consistent with Lauderdale's ordinances. <br />After written notice to Roseville, per the requirements of paragraph 13, Lauderdale shall <br />have the right to terminate sanitary sewer service for violations of Lauderdale's <br />ordinances associated with the PaCal Property. <br />7. Plan Review. Lauderdale shall have the right to review plans for any private or public <br />improvement projects on the PaCal Property that will utilize the Trunk Sewer. The plan <br />review shall be for the sole purposes of determining consistency with Lauderdale <br />sanitary sewer ordinances, calculating the appropriate fees pursuant to the ordinances, <br />and ensuring that the capacity of the Trunk Sewer will not be exceeded. To the extent <br />Roseville can recover plan review fees from the developers, Roseville shall reimburse <br />Lauderdale for its administrative and consultant expenses in reviewing the plans. <br />8. Capacitv; Lauderdale Discretion. Lauderdale represents that it will maintain through the <br />term of this Agreement the capacity required for sanitary sewer service to the PaCal <br />Property, subject to the capacity limitations specified in this Agreement. <br />Notwithstanding anything else herein, nothing in this Agreement shall be construed to <br />limit or restrict Lauderdale's ability to make decisions regarding its facilities and service <br />in the reasonable exercise of its discretion as the owner and operator of its utilities. <br />9. Service Interru�tion. In the event sanitary sewer service must be interrupted for <br />necessary non-emergency maintenance, Lauderdale shall give Roseville seven days' <br />notice. Notice shall include a plan for maintenance and alternative service to be <br />provided, if any, and the period of time service shall be interrupted, which plan and time <br />period shall be reasonable in light of the circumstances. In case of emergencies, <br />Lauderdale shall give Roseville immediate notice and provide a reasonable plan for <br />2 <br />