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(Unsigned) Water Connection Agreement and Consent to Annexation WATER CONNECTION AGREEMENT AND CONSENT TO FUTURE ANNEXATION This Water Connection Agreement and Consent to Future Annexation (“Agreement”) is made and entered into this _____ day of ______________, 2024, by and between the City of Salina, Kansas (“City”), and Grant M. Wilcox (“Owner”). Recitals A. The City operates a municipal water works system as a public utility; B. Owner is the owner of certain real estate located in unincorporated Saline County, Kansas, which is addressed as 370 East Avenue A, and legally described as (“Real Estate”): Lot Twenty (20), Block One (1) South Industrial Area, Saline County, Kansas; C. Owner desires to obtain water service from the City, for the purpose of serving industrial uses on the Real Estate; and D. The City has agreed to furnish water service to the Real Estate, subject to the terms and conditions of this Agreement, including but not limited to Owner’s written consent to the City’s future annexation of the Real Estate to the City of Salina. NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby agrees as follows: 1. Extension of Water Service. The City agrees to allow Owner to connect the Real Estate to the City’s water distribution system and to provide the Real Estate with water service. Owner agrees to abide by all requirements of City ordinances relating to connection of the Real Estate to the City’s water distribution system and receiving water from the City, including obtaining all permits, in the same manner as if the Real Estate were located within the corporate boundaries of the City, except as otherwise specified in the City ordinances or this Agreement. Owner further agrees and consents that the City has jurisdiction over Owner, and its successors and assigns, regarding the enforcement of all City ordinances. 2. Purpose; Sanitary Sewer. The water service authorized by this Agreement shall be used only for the purpose of serving industrial uses on the Real Estate. In addition, the Real Estate is not currently connected to the City’s sanitary sewer system. This Agreement authorizes the provision of water service only, and Owner acknowledges and agrees that it must obtain a separate agreement from the City, or an amendment to this Agreement, to address the provision of sanitary sewer service to the Real Estate and the related fees and charges payable by Owner for such connection. 3. Installation and Ownership of Water Lines. Owner shall be solely responsible for the construction, operation, and maintenance of all water lines required to serve the Real Estate, and the cost thereof. Owner shall own all water lines and related facilities installed by Owner, unless the line is designed and installed to City standards, located in the easement or right-of-way and accepted for maintenance by the City. 4. Water Meter. The City agrees to provide Owner with the necessary water meter. Owner agrees to post a cash deposit with the City, which shall be equal to the City’s cost for the meter. The deposit shall be refunded to Owner upon return of the meter to the City in proper operating condition; provided, however, that in the event the Real Estate served by this Agreement is annexed into the corporate limits of the City within two (2) years following the date of this Agreement, the deposit shall be refunded to Owner. Owner agrees to pay all expenses connected with the installation of the meter, and Owner shall be responsible for maintenance and care of the water meter as provided in the City ordinances. The meter shall be installed at a location to be designated by the City and in accordance with the specifications and requirements of all existing City ordinances or policies. 5. Water Connection Fees and Tap Charges. Owner agrees to pay the City a water connection fee equal to $21.24 per front foot of property served. The parties acknowledge and agree that the front footage of the Real Estate equals 200 feet. Accordingly, the total water connection fee shall be $4,248. Owner shall additionally be responsible for all applicable tapping charges, together with all plumbing costs and excavation and backfilling costs associated with making the connection. The forgoing fees and charges shall be paid to the City prior to making the connection. 6. Water Bills. Owner agrees to timely pay all billings and collections for water services, as required pursuant to City ordinances now in effect or as hereinafter amended. 7. Right of Inspection. Owner grants the City and its duly authorized employees or agents the right to inspect the Real Estate, or any portion thereof, at all reasonable times to determine compliance with this Agreement and any applicable laws or ordinances pertaining to water services. 8. Limitations on Use of Water. The City reserves the right to curtail, interrupt, or terminate water service in the event of unforeseen emergency, disaster, or extended drought, or for any other reason consistent with the City’s water conservation plan and any amendments thereto. The City assumes no responsibility for any liability or damage resulting from variance in water pressure or volume, or from curtailing, interrupting, or terminating the provision of water as provided hereunder. 9. Subsequent Applications. A new application for water service must be made for any change in ownership of the Real Estate, or in the nature or purpose of water service as described in this Agreement, and the City shall have the right to discontinue the water supply until new application is made and approved. 10. Commingling of Water; Backflow. Owner shall not connect the City water supply with its own water supply or to any other system which would permit water from any other source to be commingled with the City water supply. Owner agrees to furnish and pay all expenses connected with the installation of backflow preventer(s) which shall be installed at locations to be designated by the City and in accordance with the specifications and requirements of the City. 11. Default; Remedies. In the event of a default by Owner under the terms of this Agreement, and in addition to any other actions or remedies allowed by applicable City ordinances, the City shall have the right to terminate the water connection or to shut off water service to the Real Estate until the default is cured. 12. Hold Harmless. Owner shall hold the City harmless for any expenses, cost, claims, injuries or damages arising out of the construction, maintenance and use of the water service provided to Owner, except for expenses, cost, claims, injuries or damages which are caused by the negligence of an employee or agent of the City. 13. Consent to Annexation. Owner consents to, and covenants that it will not oppose or protest, the annexation of the Real Estate, or any part thereof, to the City of Salina, at any time after the Real Estate, or any part thereof, adjoins the City limits or adjoins another tract that is being annexed into the City in the same action. Owner acknowledges and agrees that this Agreement shall be deemed a “consent to annexation” pursuant to K.S.A. 12-520(a)(7) and K.S.A. 12-534. 14. Binding Covenant Running with the Land. This Agreement, including the consent to annexation provisions, shall run with the land and shall be binding upon all parties now having or hereafter acquiring any right, title, or interest in the Real Estate or any part thereof. A copy of this Agreement shall be recorded and indexed to the Real Estate in the records of the Saline County Register of Deeds. 15. No Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 16. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. 17. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by each party. 18. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 19. Amendments. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver, or termination is sought. Any such amendment may be recorded and indexed to the Real Estate in the records of the Saline County Register of Deeds. {Signature page follows} IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives on the day and year first above written. CITY OF SALINA, KANSAS OWNER By: ______________________________ By: ______________________________ Martha A. Tasker, Director of Utilities Grant M. Wilcox ATTEST: By: _____________________________ Nikki Goding, City Clerk STATE OF KANSAS, COUNTY OF SALINE, SS: This instrument was acknowledged before me on _______________ ____, 2024, by Martha A. Tasker, Director of Utilities for the City of Salina, Kansas, and Nikki Goding, City Clerk for the City of Salina, Kansas. _________________________________ Notary Public STATE OF KANSAS, COUNTY OF SALINE, SS: This instrument was acknowledged before me on _______________ ____, 2024, by Grant M. Wilcox. _________________________________ Notary Public Contract Number: ____________________________ TAP Number: ____________________________ Final plumbing inspection, completed and approved on: ____________________________ City Inspector for the City of Salina: ____________________________