03-26-08 Council Agenda - Laserfiche WebLink

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and Arcade, southerly to Kohlman Lane, to include Kohlman Court and Meadowlark Lane east of Kohlman Lane, easterly on Beam Avenue to the cul -de -sac. It is intended by the parties that the said conveyances shall be free and clear of all liens and encumbrances, whatsoever, and thereafter title shall remain with Little Canada. SECTION 2 CONSOLIDATION OR ACQUISITION In the event that Little Canada ceases to operate in its present form or due to an acquisition of its water system assets by another entity, it is the intent of Little Canada and Maplewood to protect the right of Maplewood's properties to the continued supply of an adequate water service. Therefore, to the extent legally permissible, Little Canada will insure that in any conveyance or change in water asset ownership, Maplewood will have the option to either terminate this agreement or negotiate a new water service agreement with the new owner or entity. SECTION 3 WARRANTY Little Canada and Maplewood further agree that as Maplewood constructs and contracts for the construction of new mains, services and appurtenances to be connected to the Little Canada water system and supplied with water by Little Canada, that Little Canada shall not be responsible for the maintenance or repairs to such newly constructed additions to the water supply system until (1) year from the date the same have been placed in operation, or until Little Canada has notified Maplewood in writing of the acceptance of such installation, whichever date is earlier. At such time that Little Canada assumes responsibility for the maintenance and repair of said new water system facilities, Maplewood will convey said facilities according to the conditions of Section 1, Terms and Conveyance of Title SECTION 4 SERVICE CONNECTIONS APPLICATIONS New applications for water service connections shall be made to and through Little Canada with all applicable charges such as but not limited to water availability connection charge, meter fee, water turn -on that may exist at the date of the connection. Each applicant shall furnish to Little Canada, a certified street address established by Maplewood. 8