15-115 - Valley View Sewer District - Sewer Services for the Loop

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perpetual. 6. Amendment of Laws and Plans. As soon as reasonably possible following the District's becoming the sewer service provider for the Loop Area,the Parties shall amend their respective plans, ordinances, and resolutions that relate to the ownership, operation and maintenance of a sewer system in and sewer service for the Loop Area. The City shall support and approve any amendments to the District's comprehensive plan for the Loop Area. 7. Cooperation. The Parties shall cooperate with each other with regard to the District's issuance of permits and approvals for and contracts relating to construction of extensions and connections to the District's sanitary sewer system in the Loop Area, and the City's issuance of permits and approvals for development of property and construction of buildings and structures in the Loop Area. 8. District ULID's and District Annexation. The Parties acknowledge that the construction of the sewer system, or any portion thereof, for the Loop Area may involve the creation of a District utility local improvement district, and that the District lacks authority to form a utility local improvement district outside of its territory or boundaries. The City shall support any District proposed annexation of the Loop Area, or any portion thereof. Upon District annexation of the Loop Area, or portion thereof,the City shall support the District's formation of a utility local improvement district in the annexed area. 9. Dispute Resolution. The Parties shall first attempt to resolve a dispute by discussions among a City representative or representatives selected by the Mayor and a District representative or representatives selected by the President of the Board of Commissioners. If the discussions are not successful, the Parties shall engage in mediation within forty-five (45) days of termination of discussions, according to a process and before a mediator agreed upon by the Parties. The Parties shall not resolve a dispute by mandatory arbitration. The Parties reserve their rights to pursue any available Court remedies at any time after the conclusion of the mediation. 10. Records review. Upon three (3)business days notice, or upon notice agreed upon by the Parties, a Party shall have the right to inspect and copy, without charge, all records of the other Party relating to this Agreement or its subjects. 11. Indemnification. To the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officers, officials, employees and volunteers, from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from any negligent acts, errors, omissions of the indemnifying Party and its officers, officials, employees and volunteers in performing obligations under this Agreement. However, if any such injuries and damages to persons or property are caused by or result from the concurrent negligence of the District or its officers, officials, employees and volunteers, and the City or its officers, officials, employees and volunteers, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its officers, officials, employees or volunteers. 466038.3 1 089539 1 0001 -3-