Water and Sewer Connection
. '
AMENDED WATER AND SANITARY SEWER
CONNECTION AGREEMENT
(OUTSIDE CITY LIMITS)
AND
CONSENT TO FUTURE ANNEXATION
This agreement made this --La- day of June, 2007, by and between the City of Salina, Kansas,
hereinafter referred to as the "City" and HABCO, INC., a Kansas Corporation, hereinafter referred to as
"Owner" .
WITNESSETH:
WHEREAS, the City operates a municipal water works and sewage treatment system as a public
utility;
WHEREAS, the Owner is the owner of real estate located in Section 1, Township 15 South, Range
3 West, W est of the 6th PM, Saline County, Kansas, more particularly described as follows:
Lot Six (6) and'the West Two Hundred Feet (200') of Lot Seven (7), in
Block One (1), Replat of South Salina Service Center Addition, Planned
Unit Development in Saline County, Kansas
WHEREAS, a portion ofthe above described property currently has city water and sanitary sewer
service under an outside the city agreement dated November 26, 1973 and all assessments and connection
charges related to installation of the public water and sanitary sewer system serving the South Salina
Service Center Addition were paid by John Deere Co. at that time;
WHEREAS, there was a change in ownership of Lot Six (6) which under the terms ofthe
November 26, 1973 agreement required a new application for water and sanitary sewer service;
WHEREAS, on October 10, 1994, a water and sanitary sewer connection agreement and consent
to future annexation was entered into by HABCO, INC. to allow a new office, shop and warehouse
facility located on Lot Six (6) to be served by city water and sanitary sewer service; and
WHEREAS, the Owner now wishes to amend the October 10, 1994 agreement to include the West
Two Hundred Feet (200') of Lot Seven (7);
WHEREAS, to provide city water and sanitary service for the industrial use being made of the
above described property, the parties enter into this agreement which amends and supersedes the October
10, 1994 water and sanitary sewer connection agreement.
NOW THEREFORE, for and in consideration, of the mutual promises and the performances
thereof by the parties hereto it is agreed as follows:
The City agrees to furnish water service and sanitary sewer service to the following described
property, to wit:
Lot Six (6) and the West Two Hundred Feet (200') of Lot Seven (7) in
Block One (1), Replat of South Salina S,ervice Center Addition, PlaB&:- SEEi4AN (,.r
Unit Development, in Saline County, Kansas RE6ISfE: OF DEEDS.!
SALINl:. COUNTY KANSAS N
8ook: 1153 Page: 1197
Receipt #: 42142 Total Fees: $28.00
Pages Recorded: 6
Date Recorded: 6/19/2007 4:1:9:25 PM
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BQok~ 1153 Page~ 1198
Under the following terms and conditions, to wit:
1. That the Owner shall finance and maintain all water and sanitary sewer service lines required
to serve the above described property and the Owner shall own all said water and sewer lines,
etc. installed by Owner, unless the line is designed and installed to City standards, located in a
public utility easement or right-of-way and accepted for maintenance by the City.
2. That the City agrees to provide the Owner with the necessary water meter. The 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 the Owner upon return of the meter to the City in proper operating
condition.
3. That the Owner 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.
4. That the Owner shall be responsible for maintenance and care of the water meter as provided
in the City ordinances.
5. That the Owner grants the City and it's 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 the water and sanitary service authorized by this agreement shall be used only for the
purpose of serving industrial uses within the area designated on Exhibit "A".
7. That the City reserves the right to curtail or terminate water or 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 supply until new application is made and
approved.
9. That the Owner 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 co-mingled with the City
water supply.
10. That the 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 Utilities Director.
11. That the City acknowledges all water and sanitary sewer connection fees for this property have
been paid.
12. All billings and collections for water and sanitary sewer service shall be pursuant to City
ordinances now in effect or as hereinafter amended.
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Book: 1153 Page: 1199
13. That in consideration of the City's delivery of water and sanitary sewer service to the property
designated on Exhibit "A", the Owner hereby covenants that they shall consent to annexation
of this property into the City at such time in the future that any part ofthis 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 in Exhibit
"A" .
14. That the 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 and sanitary sewer service
herein requested to be provided to said owners, except for expenses, cost claims, injuries or
damages which are caused by the negligence of an employee or agent ofthe City.
This agreement shall be binding upon and extended to the heirs, executors, administrators, trustees,
successors and assigns of the respective parties hereto.
THE CITY OF SALINA, KANSAS
OWNER:
HABCO, INe.
BY:pf~ C_ /~
Martha Tasker, Director of Utilities
3
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BOQk~ 1153 Page~ 1200
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this I ~ day of ~ ' 2007 before me a Notary Public in and for said state, personally
appeared Martha Taske' Director of UtIlities for the City of Sahna, Kansas, known 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 she executed the same for the
purpose therein stated.
~J~'- ~~\
Not Pubhc
My appointment expires:
~.. KIM FISHER
NOTARy PUBLIC
. II STATIl! 0 KA SAS
_.~ _~x~ppt,_!!..p. ".
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this 1 ~-JA..day o~ ,2007 before me a Notary Public in and for said state, personally
appeared Timothy W~ VIce PresIdent ofHABCO, INC., a Kansas Corporation known to me to be
the same persons who executed the within Water and Sanitary Sewer Connection Agreement and Consent
to Future Annexation and acknowledged to me that they executed the same for the purposes therein
stated.
~~ -~(~-)\
Notary Public
My appointment expires:
..L KIM FISHER
NOTARY puaLIC
STATE OF KANSA
I MYAPPt~.~~'p',lQ-Q'~~
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Book: 1153 Page~ 1201
AMENDED WATER AND SANITARY SEWER
CONNECTION AGREEMENT
AND
CONSENT TO FUTURE ANNEXATION
(OUTSIDE CITY LIMITS)
EXHIBIT "A"
HABCO, INC. Legal Description
Lot Six (6) and the West Two Hundred Feet (200') of Lot Seven (7) in
Block One (1), Replat of South Salina Service Center Addition, a
Planned Unit Development in Saline County, Kansas
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1 Inch = 400 Feet
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HABCO
Amended Water & Sewer
Connection Agreement
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Request Area
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