1978-08-02 Regular Meeting - Laserfiche WebLink

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. -5- In the event that Spenwick fails to tender payment of charges hereunder, when due, such charges shall be subject to an immediate ten percent penalty. If such charges remain unpaid for 60 days after notice to Spenwick by City in writing of such default, such charges shall accrue interest at the rate of 10 percent per annum, and City shall have the privilege of sus- pending its acceptance of delivery of Spenwick's sanitary sewerage into its system, which remedy shall be in addition to any other. remedy available to City. VII. Spenwick agrees to establish, maintain, and. collect ade- quate sanitary sewerage rates to pay its necessary costs of . operation of its system, and its charges to City hereunder. VIII. The Parties hereto recognize that City's Fairmont Park sewerage treatment plant has a rated capacity of 580 thousand gallons per day and that in excess of one-half of such capacity is now being used by City to serve its present customers in the Fairmont Park area. The Parties hereto further recognize that City's first obligation is to provide service to customers and future customers within its own corporate boundaries, and that it, therefore, must limit its agreement hereunder to treat Spen- wick sewerage, to a maximum average flow capacity of 90 thousand gallons per day of sewerage flowing from Spenwick into City's system. Spenwick agrees that it will not issue any further sewer • tap permits for buildings commenced after July 1, 1978, without the prior written consent of City. Spenwick shall have full responsibility in connection with all waste handled by its sewerage collection facilities, and Spenwick agrees to save and hold the City harmless from all • claims, demands and causes of action which may be asserted by anyone on account of .the transportation, delivery and disposal • of said waste while they are in the process of being handled by Spenwick's facilities.