The URL can be used to link to this page

Home My WebLink AboutUtica Energy LLC 024-0002-0000 Document Number 155 SERVICE AGREEMENT REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON Document Title 09/21/2010 11:06AM JULIE PAGEL REGISTER OF DEEDS Service Agreement between Utica Energy LLC, a RECORDING FEE 30.00 Wisconsin Limited Liability Company and TRANSFER FEE City of Oshkosh, a Wisconsin Municipality S OF PAGES 4 Recording Area Name and Return Address City Attorney Office P O Box 1130 Lot 1 of CSM 15084, in County of Winnebago, Oshkosh WI 54903 -1130 Town of Utica, comprising 23.24 acres. Parcel Identification Number (PIN) #024 -0002 This instrument drafted by: AttorneAmpummuvimiuti David J. Praska Oshkosh, WI 54903 -1130 0 l A SERVICE AGREEMENT The parties to this agreement are Utica Energy, LLC, a Wisconsin Limited Liability Company ( "Utica Energy "), with its principal office located at 4995 State Road 91, Oshkosh, Wisconsin 54904, and the City of Oshkosh, a Wisconsin Municipality ( "City "), with it principal offices located at 215 Church Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54903 -1130. Utica Energy has petitioned the City with a request that the City accept Utica Energy's industrial wastewater discharge through the City's sanitary sewer system for its property at 4995 State Road 91, Oshkosh, Wisconsin. The subject property is within the County of Winnebago, Town of Utica, and is identified by Winnebago County as Parcel #024 -0002, and is legally described as follows ( "Property "): Lot 1 of CSM #5084, in County of Winnebago, Town of Utica, comprising 23.24 acres Parcel ID #024 -0002 As of the date this Agreement is executed, the Property is not within the municipal boundaries of the City of Oshkosh. Utica Energy agrees that in order for the Property to receive municipal sanitary service, it must enter into this and other agreements, including but not limited to an annexation agreement, deemed reasonable and necessary by the City, as well as obtain and abide by all permits required by the City and other applicable governmental agencies. The parties agree that at such time as the Property is annexed by the City, municipal services provided will conform entirely to the Municipal Code and the normal practices and procedures applicable to properties within the municipal boundaries. Prior to the date of annexation, Utica Energy agrees to the following conditions in return for sanitary sewer service for its industrial discharge of wastewater into the municipal system: 1. Utica Energy shall at all times submit to the City funds for a deposit for unpaid service to the Property. The advance deposit of funds shall be one (1) months estimated charge for service. The estimated charge shall be calculated over the prior twelve (12) calendar months, and shall remain in effect for the subsequent calendar year. For the initial twelve (12) months of service, Utica Energy shall submit the amount of $11,400.00 as its initial deposit. Deposits are for the purpose of reimbursing the City for costs of service, or damages, after service to the Property has ended. 2. Utica Energy shall be billed monthly for services provided to the Property. Utica Energy shall pay each monthly bill for services provided without expectation or request that any deposit be used to pay for such service. 3. Utica Energy shall provide meter readings on the 20 of the month, for the following month's bill. 4. Utica Energy shall at all times submit to the City funds for a deposit for costs related to the Pretreatment Program. The deposit shall be in the amount of the estimated cost for the following year. For the initial twelve (12) months, Utica Energy shall submit the amount of $2,000.00 as its initial deposit for costs related to the Pretreatment Program. Deposits are for the purpose of reimbursing the City for costs of the Pretreatment Program, or for damages, after service to the Property has ended. 5. Utica Energy shall be billed on a quarterly basis, or based upon the standard billing procedure at any particular time, according to the City's standard schedule for payments related to the Pretreatment Program. 6. Utica Energy shall remain current on its billings, and payments and /or advances due. Utica Energy shall have five (5) business days to correct any defect in payment after notice from the City. Utica Energy agrees that its failure to correct may result in the immediate disconnection /termination of service to the Property, without notice, at the sole discretion of the City. The City's actions or inactions regarding disconnection/termination of service shall under no circumstances be considered a waiver of any of its rights or remedies. 7. At the time of any termination of service, Utica Energy agrees that the City may deduct, without notice, all amounts it is owed from any deposit. 8. Utica Energy shall be solely responsible for all costs of infrastructure installation and connection to the City's system. This responsibility is for all costs, whether incurred by it or its agents, or by the City. 9. Connection to the City utilities shall not occur until the City, at its sole discretion, approves of all plans and agreements. 10. Service to the City utilities shall not occur until the City, at its sole discretion, approves of all plans and agreements. 11. Utica Energy is solely responsible for the cost of maintaining its utility infrastructure, as well as the connection to the City system. 12. This agreement shall bind the parties identified in this Agreement, as well as their successors and assigns with interests in the Property. 13. The terms of this Agreement shall terminate on the date that the Property is Annexed into the City. At that time, all normal rules and regulations for users of the City system shall apply, except where otherwise noted. If funds remain with the City as a deposit or deposits, Utica Energy shall provide the City with written instructions regarding the disposition of such funds. The City shall have no obligation to do anything with the deposit funds until such time as it is instructed to take certain actions by Utica Energy. [SIGNATURE PAGE FOLLOWS] UTICA ENERGY, LLC CITY OF OSHKOSH .(�'�.>,i� �!►� g I lu Ito _ ; 9 � /i xw IZr%Tx.2 r' - (date) - rk A. Rohloff' (date) (print name) Managing Member City -nager • Pamela R. Ubrig, City Cle APP' *VED: • �,.. "'. L`y - • . Lorenson, Ci • ttorney ACKNOWLEDGMENT STATE OF WISCONSIN ) )ss WINNEBAGO COUNTY ) Personally came before me this ICo� � day of.riu'l 2010, the above - named e T 3 ibil2Nft. and — of UTICA ENERGY, LLC, known to me to be the persons and officers who executed the foregoing instrument and ackno... =° _•.,gat they executed the same as such officers by its authority, for the pu = 1 N ',stained. `.�:• ) ;N• - . Zu a . ne•ago County, Wisconsin s '{� ton '` permanent/expires: -42.-'1 1H ct� L • Z: • OF W MS --r STATE OF WISCONSIN ) ' "•" )ss WINNEBAGO COUNTY ) Personally came before me this v�O day of �� 2010, Mark A. Rohloff and Pamela R. Ubrig, known to me to be the persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by its authority, for the / urpose therein contained. Aim Public, ofinneb- •r• County, Wisconsin My commission is -perm rrei /expires: /l- / 7— This document was drafted by David J. Praska, Asst. City Attorney Oshkosh, WI 54902 -1130