(11)AR 061609 MOU/Riverside - Laserfiche WebLink

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3. Purchase of Right to Deliver Wastewater for Treatment Through Payment of Monthly Service Fees. Colton hereby purchases from Riverside and Riverside hereby sells to Colton, the right to deliver a certain amount of wastewater, pursuant to the limits and terms and conditions of this agreement. As consideration, Colton shall pay a monthly sewer fee to be paid to Riverside based on the quantity and quality of sewage delivered to the RWQCP, as set forth in Section 10 herein. The sewer quantity and quality shall be measured through a metering station to be constructed near the intersection of Main Street and Center Street. 4. Conditions Precedent to Riverside's Acceptance of Wastewater for Treatment. 4.1 Effectiveness of Entire Agreement. This Agreement shall not become effective until the following conditions precedent are met: a. Compliance by each Party of this agreement with all environmental laws arising out of or in connection with the acceptance and treatment of wastewater under this Agreement. The term "environmental laws" shall include, without limitation, the California Environmental Quality Act and all other applicable state and federal environmental laws. b. Adoption or execution by Colton of an appropriate Pretreatment Ordinance and Pretreatment Agreement, as specified herein, as well as enactment of an appropriate Pretreatment program by Colton for the portion of Colton described in Exhibit "A". 4.2 Riverside's Acceptance of Wastewater from Particular Developments. Riverside's obligation to accept for treatment and disposal any wastewater generated by any property located within the portion of Colton described in Exhibit "A" shall not be effective until: Such property owner has complied with all environmental laws arising out of or in connection with any and all development of such property. 5. Point of Connection. Colton shall be responsible for or cause the construction, operation and maintenance of conveyance facilities required for the delivery of the wastewater to the RWQCP. Such conveyance shall consist of any facilities necessary for the delivery of wastewater from the portion of Colton described in Exhibit "A" to the RWQCP. Such delivery shall take place at a designated "Points of Connection" near the intersection of Main Street and future Center Street (presently Placentia Lane). 5.1 Removal of Point of Connection. After Colton has completed the construction of a sewage pump station or other facilities to convey wastewater to its treatment facility, Colton shall cause to be removed the Point of Connection to Riverside's sewage collection system. The complete removal of the connection shall be at Colton's expense and shall be such as to not permit any further sewage flow from the Colton system. 6. Discharge and Treatment Rights._ Colton shall temporarily have the right to deliver, at the "Point of Connection", an amount not to exceed One Million gallons per day of wastewater, generated by the portion of Colton described in Exhibit "A" on a temporary basis, however, the resultant peak flow of the discharge shall not exceed Two and Three -Tenths (2.3) OA