03/23/2020 BOARD OF SELECTMEN Agenda Packet

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RESTATED AND AMENDED AGREEMENT BETWEEN THE TOWN OF MASHPEE AND MASHPEE COMMONS, LP FOR THE TREATMENT AND DISPOSAL OF WASTEWATER This Restated and Amended Agreement is entered as of the 1st day of January, 2020 by and between the TOWN OF MASHPEE, Massachusetts (hereinafter referred to as "TOWN"), a municipal corporation organized under the laws of the Commonwealth of Massachusetts, acting by and through its Board of Selectmen of 16 Great Neck Road, Mashpee, Massachusetts 02649 and MASHPEE COMMONS, LP (hereinafter referred to as the CONTRACTOR) of P.O. Box 1530 Mashpee Commons, Mashpee, Massachusetts 02649. WITNES SETH THAT: WHEREAS, the CONTRACTOR and the TOWN are presently parties to an Agreement For the Treatment.and Disposal of Wastewater, dated July 1, 2016, as extended, and they deem it to be in their mutual interest to enter into a further extended agreement whereby the CONTRACTOR will continue to receive, treat and dispose of the municipal wastewater and sewage generated by certain Town owned properties through the CONTRACTOR'S sewage works and wastewater treatment facility; and WHEREAS, the CONTRACTOR currently has available capacity at its wastewater treatment facility to handle the flow anticipated from the Town properties, as further specified herein, and is presently permitted to accommodate the wastewater treatment and disposal obligations to be assumed by the Contractor hereunder. WHEREAS, the TOWN has appropriated funds, or intends to proceed diligently to obtain the appropriation necessary to enable it to proceed with the payment obligations assumed hereunder; and WHEREAS, the CONTRACTOR and the TOWN are authorized by G.L. Chapter 30B, Sections 1(e) and 60) to enter into an amended agreement for the provision of the subject wastewater treatment and disposal services. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,the TOWN and CONTRACTOR covenant and agree as follows: I