(11)AR 061609 MOU/Riverside - Laserfiche WebLink

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insure their accuracy. Accurate records of wastewater flow measurements shall be kept. The costs for measurement, sampling, and testing shall be Colton's responsibility and shall be paid to Riverside through monthly sewer fees as described in Paragraphs 3 and 10. 10. Payment and Fees. 10.1 Based on the measurement of quantity and quality of wastewater delivered to the RWQCP as described in Paragraph 9, Colton shall pay a monthly service charge based on Riverside's fee rate schedule for "Industrial User Rates — Non -pumping" , set forth in Resolution 21712, including any future amendments, plus a fifty percent (50%) surcharge. 10.2 Due to the temporary nature of Colton's delivery of wastewater to the RWQCP a "Capacity Charge(s)" will not be levied by Riverside. However, if delivery of wastewater continues after the initial three (3) year Temporary Treatment Right or June 1, 2013, whichever is first in time, and Riverside has the capacity to continue to accept such delivery, Colton shall pay to Riverside a "Capacity Charge(s)" equivalent to Riverside's "Capacity Charge for Industrial Customers" in effect at that time plus an additional fifty percent (50%) surcharge. This payment shall be based on the flow quantity set forth in this agreement, including amendments, and a twelve (12 month) average Chemical Oxygen Demand (COD) and Total Suspended Solids (TSS) for wastewater delivered to the RWQCP three (3) years after the date of this agreement from the area described in Exhibit A. The "Capacity Charge" covers payment for all capacity upgrades and capital improvements to Riverside's wastewater collection and treatment facilities. 10.3 If Colton continues to deliver the wastewater to Riverside after the initial three (3) year Temporary Treatment Right or June 1, 2013, whichever is first in time, and Riverside has the capacity to continue to accept such delivery, any development connecting to their system, within the portion of Colton described in Exhibit "A", shall cause to be paid to Riverside a "Capacity Charge(s)" for each connection at a rate equivalent to Riverside's domestic, commercial, and industrial rate(s) in effect at that the time of connection plus an additional fifty percent (50%) surcharge. The "Capacity Charge" covers payment for all capacity upgrades and capital improvements to Riverside's wastewater collection and treatment facilities. 10.4 Any "Capacity Charge" paid to Riverside shall be not be refundable. 11. Easements and Rights of Way. Colton will allow Riverside to use any of Colton's public rights-of-way or easements that the City deems necessary to implement this Agreement. Colton will cooperate with Riverside and obtain additional public rights-of-way to implement this Agreement, including, as necessary, exercising Colton's power of eminent domain. 12. Reciprocal Access Rights. Each Party shall have the rights of ingress and egress over property owned or controlled by the other Party for access to facilities, equipment and appurtenances for the purpose of implementing this Agreement. Each Party agrees to indemnify, 4