Consent to AnnexWATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
THIS AGREEMENT, made and entered into this ~Z~-day of
~/~ , 1993, by and between the City of Salina, Kansas,
hereinafter referred to as the "City", and Melvin A. Bergkamp and
Marjorie A. Bergkamp as trustees of the Melvin A. Bergkamp Trust
hereinafter referred to as the "Consumer".
WITNESSETH:
In consideration of the payments herein provided and the mutual
covenants and agreement herein contained, the parties hereto do hereby
mutually promise and agree as follows.
Consumer hereby requests permission to make connection with the City
water main and sanitary sewer main and the City agrees to furnish water
and sanitary sewer service to the following described property, to-wit:
Lot 1, Block 1, Bergkamp Subdivision, Saline County, Kansas
under the following terms and conditions, to-wit:
1. That Consumer shall fund and maintain all water and sanitary
sewer lines required to serve the above described property and the
Consumer shall own all said water lines, sanitary sewer lines, pumps,
etc. installed by Consumer.
2. That City agrees to provide the Consumer with the necessary
water meter. The Consumer 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 the Consumer upon return of the meter to
the City in proper operating condition; provided, however, that in
the event the property served by this agreement is annexed into the
corporate limits of the City within two {2) years following the date
of this agreement said deposit shall be refunded to the Consumer.
3. That Consumer agrees to pay all expenses connected with the
installation of said meter. 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.
WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE TWO
4. That Consumer shall be responsible for damages to said water
meter as provided in the City ordinances.
5. That the Consumer grants the City and its duly authorized
employees or agents the right to inspect their premises at all
reasonable times to determine compliance with this agreement and the
City ordinances now in effect or hereinafter amended pertaining to
water and sanitary sewer service.
6. That water and sanitary sewer service authorized by this
agreement shall be used only for the purpose of serving industrial or
commercial uses within Lot 1, Block l, Bergkamp Subdivision.
7. That the City reserves the right to curtail or terminate water
and sanitary sewer service in the event of unforeseen emergency or
disaster. The City assumes no responsibility for damage resulting
from variance in water pressure or volume.
8. That a new application for water and sanitary sewer service must
be made for any change in tenancy of the above described property, or
in the service as described in this agreement, and the City shall
have the right to discontinue the water supp]y and disconnect the
sanitary sewer service until new application is made and approved.
9. That Consumer shall not connect the City water supply with their
own water supply or to any other system which would permit water from
any other source to be commingled with the City water supply.
10. That Consumer agrees to furnish and pay all expenses connected
with the installation of backflow preventers which shall be installed
a locations to be designated by the City and in accordance with the
specifications and requirements of the Director of Utilities.
11. All billings and collections for water and sanitary sewer
service shall be pursuant to City ordinances now in effect or as
hereinafter amended.
12. The Consumer agrees to pay the City a connection fee of $100.00
per acre or a minimum of $1,000.00. This amount shall include both
the water and sanitary sewer connection fees.
WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO FUllJRE ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE THREE
13. That in consideration of the City's delivery of water and sewer
services to the property, designated as Lot 1, Block 1, Bergkamp
Subdivision, the Consumer hereby covenants that they shall consent to
annexation of this property into the City at such time in the future
.that any part of this property adjoins the City and the City
Commission determines it to be in the best interest of the City to
annex said property. This covenant shall be binding upon and run
with the property described above.
14. That the Consumer shall hold the City harmless for any
expenses, costs, claims, injuries or damages arising out of the
construction, maintenance and use of the water and sanitary sewer
service herein requested to be provided to said Consumer, except for
expenses, costs claims, injuries or damages which are caused by the
negligence of an employee or agent of the City.
This agreement shall be binding upon and extend to the heirs,
executors, administrators, trustees and assigns of the respective parties
hereto.
THE~ITY OF SALINA, K~NSAS
Don Hoff, H~frect6r~df ~i~ities
CONSUMER:
Melvin A. Bergkamp, Trust
Melvin A. 8ergkamp, TruCe
Marjorie ~. Bergkamp, TrustJee
STATE OF KANSAS COUNTY OF SALINE, SS:
On this ~i~ day of ~. , 1993, before me a Notary Public in
and for ~state, persona~ly appeared Melvin A. Bergkamp, Trustee of
the Melvin A. Bergkamp Trust, known to me to be the person who executed
on behalf of the Trust, the within Water and Sanitary Sewer Connection
Agreement and Consent to Future Annexation, and acknowledged to me that he
executed the same for the purposes therein stated.
My
WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE FOUR
STATE OF KANSAS COUNTY OF SALINE, SS:
On this ~i~. day of /~O.~y~ , 1993, before me a Notary Public in
and for said state, person~ly appeared Marjorie A. Bergk~p, Trustee of
the Melvin A. Bergkamp Trust, known to me to be the person who executed
on behalf of the Trust, the within Water and Sanitary Sewer Connection
Agreement and Consent to Future Annexation, and acknowledged to me that he
executed the sue for the purposes therein stated.
No
My appointment exp~r~;,~E~,~. ~mYK~I~ON i
STATE OF KANSAS COUNTY OF SALINE, SS:
On this ~/~ day of t~C]~., 1993, before me a Notary Public in
and for said state, personally appeared Donald E. Hoff, Director of
Engineering and Utilities for the City of Salina, Kansas, known to me to
be the person who executed on behalf of the City of Salina, Kansas, the
within Water and Sanitary Sewer Connection Agreement and Consent to Future
Annexation, and acknowledged to me that he executed the same for the
purposes therein stated.
motary Public
My appointment expires:
CONTRACT NO.
TAP NO.
Final plumbing inspection, completed and approved,
1993.
Plumbing Inspector
City of Salina
STATE OF KANSAS (
COUNTY OF SALINE } ss., .
FIL.ED FOR RECORD IN MY OFFICE
oN OCT 1 5 1993 AT
A,'~,CLOC .K~C~ A~qULY RECORDED
VOl , g'l. ' r~_ T_ PAGF t z/
-~p. "~'~"].~J,~.~ REP,. OF DF.F.~S