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WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO ANNEXATION
(OUTSIDE CITY LIMITS)
THIS AGREEMENT, made and entered into this 24th day of
June
, 1994, by and between the City of Salina, Kansas,
hereinafter referred to as the "City", and Flying J, Inc. 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, Flying J Subdivision, Saline County, Kansas
under the following terms and conditions, to-wit:
1. That Consumer shall fund and install all water and sanitary
sewer lines required to serve the above described property and the
Consumer shall own and maintain all said water lines, sanitary sewer
lines, pumps, etc. installed by Consumer. In the event a segment of
Consumer's private water or sanitary sewer line is to be installed in
a location preferred by the City, the City may install a public line
and Consumer shall reimburse the City for the cost of installing the
equivalent section of a private line. The City shall install, own
and maintain the public line.
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.
Consumer agrees to pay all expenses connected with the installation
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WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE TWO
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.
Consumer shall be responsible for damages to said water meter as
provided in the City ordinances.
3. 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.
4. That water and sanitary sewer service authorized by this
agreement shall be used on'ly for the purpose of serving industrial or
commercial uses within Lot 1, Block 1, Flying J Subdivision except as
otherwise expressly approved by the City.
5. 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.
6. 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 and disconnect the
sanitary sewer service until new application is made and approved.
7. 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.
8. That Consumer agrees to furnish and pay all expenses connected
with the installation of backflow preventers which shall be installed
at locations to be designated by the City and in accordance with the
specifications and requirements of the Director of Engineering and
Utilities.
9. All billings and collections for water and sanitary sewer
.
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WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE THREE
service shall be pursuant to City ordinances now in effect or as
hereinafter amended.
10. That in consideration of the City1s delivery of water and sewer
services to the property, designated as Lot 1, Block 1, Flying J
Subdivision, the Consumer hereby covenants that they shall consent to
annexation of this property into the City at such time in the future
that 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.
11. Following annexation, Consumer will comply with all ordinances
and regulations of the City of Salina, Kansas which may relate to the
development of the property, designated as Lot 1, Block 1, Flying J
Subdivision.
12. 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 hereln 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 CITY OF SALINA, KANSAS
~~~L2 ~~
eph A.tw'arner, Mayor
CONSUMER:
Flying J, Incorporated
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135
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WATER AND SANITARY SEWER CONNECTION AGREEMENT
AND CONSENT TO ANNEXATION
(OUTSIDE CITY LIMITS)
PAGE FOUR
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STATE OF I(ANSAS COUNTY OF .sAt:i#E, SS:
On this /3-0--- day of jl.< \'-'- , 1994, before me a Notary Public in and
for said state, personally appeared J. Phillip Adams known to me to be the
person who executed on behalf of the Corporation, the within Water and
Sanitary Sewer Connection Agreement and Consent to Annexation, and
acknowledged to me that he executed the same for the purposes therein
stated.
DONNA B TIlLERY
Notary Public
STATE OF UTAH
My Commission Expires
August 1 . 1995
845 W 3900 s. RIwrdcIe. UT 84405
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Notary Public
STATE OF KANSAS COUNTY OF SALINE, SS:
STATE OF KANSAS l ~ ..I \
COUNTY OF SALINE 5 ss. 1-')
FILED FOR RECORD IN MY OFFI E
ON. JUl 1 9 199~ AT
9:~.CLOCKL1.M. AND DULY RECORDED ":l~
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Ai I) () h2 ~EG. OF DfFOc;'
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My appointment expires:
On this 18th day of July , 1994, before me a Notary Public in
~nd for said state, personally appeared Joseph A. Warner, Mayor 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.
.OlARV PUBLIC State of Kansas
JUDY L NG
My Appt. Exp.
Notg1J ~
My appointment expires:
CONTRACT NO.
TAP NO.
Final plumbing inspection, completed and approved,
1994.
Plumbing Inspector
City of Salina
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