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Water & Sanitary Connection ;,-,TFR ,\',) C,\~.lTARY )~"'ER CO,'.~JECTIOrJ AGREEr1ENT ',ii CJ',SHH ~J clJTURE MmEXATIO~. )UTSIDE CITY LIMITS) THIS AGREEr1ENT. ifl,lde ana enterea into this ~ day of {'-:I--o&'>I> 1994. liY and between the City at Salina, Kansas, herei nafter referred to as the "c i ty", and HABCO. I nc., J Kansas Corporation hereinatter reterred to as the "Consumer"/"Owner". 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/Owner 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 6, Block 1, Replat of South Salina Service Center Addition, P.U.D., Saline County, Kansas under the following terms and conditions, to-wi t: 1. That Consumer/Owner shall fund and maintain all water and sanitary sewer service lines required to serve the above described property and the Consumer/Owner shall own all said water lines, sanitary sewer lines, pumps, etc. installed by Consumer/Owner. 2. That City agrees to provide the Consumer/Owner with the necessary water meter. That Consumer/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. 3. That Consumer/Owner shall be responsible for damages to said water meter as provided in the City ordinances. 4. That the Consumer/Owner 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. 5. That water and sanitary sewer service authorized by this agreement shall be used only for the purpose of serving industrial ,iATER AND SANITARY '[<'it R i:JUNECTION AGREEMENT :,rm CONSENT TO FUTljRF r,~.NFXAr[ON :OUTSIDE CITY LIMITS) PAGE TWO or commerclal lJses wlt.hin Lot 6. Block 1. Replat ot South Salina Service Center Addit~on. P.U.D.. Saline County, Kansas. 6. That the City ,'eserves the right to curtall or terminate water and sanitary sewer oerVlce in the event of unforeseen emergency or disaster. The City assumes no responsibility for damage resulting from variance In water pressure or volume. 7. That a new application for water and sanitary sewer service must be made for any change in tenancy or ownership 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 a new application is made and approved. 8. That Consumer/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 commingled with the City water supply. 9. That Consumer/Owner agrees to furnish an~ pay all expenses connected with the installation of backflow preventers which may be required to be installed at locations to be designated by the City and in accordance with the specifications ana requirements of the Director of Utilities. 10. All billings and collections for water and sanitary sewer service shall be pursuant to City ordinances now in effect or as hereinafter amended. 11. The water and sanitary sewer connection fees for this Lot and the other lots in said Addition were paid by the John Deere Co. (Original Connection Agreement, dated November 26, 1973). 12. That in consideration of the City's delivery of water and sewer services to the property, designated as Lot 6, Block 1, Replat of South Salina Service Center Addition, P.U.D., Saline County, Kansas, the Consumer/Owner 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. ~ATER AND SANITARY S[~ER CONNECTION AGREEMENT ~ND CONSENT TO FUTURE ANNEXATION [OUTSIDE CITY LIMITS) PAGE THREE 13. That the Consumer/Owner 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 saia Consumer/Owner, 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 By: Don Hoff, Director of Utilities {Corporate Seal} CONSUMER/OWNER: HABCO, I nc . Corporation Name By ~ra:Lr-- r/~,~~ (; Corporate Title STATE OF -i:(CLvoA,,----,> COUNTY OF S~~ ,SS: On this /rstl.__ day of Cd ,1994, b~f<?re me a Nota,ry Public in and for said state, personally appeared ~ {\-r-,-A _ U.... ~~known to me to be the person who executed on behalf of HABCO: Inc. t~e wlthin 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. ~ BELINDA I<. PHIUIPS -.' NOTARY PUBLIC -.. STATE OF I(ANSAS MY "P~. I!XPIRI!II / / />('; s: ..., b.tO Cl ~ ~~~-=~ Notary Public ~ My appointment expires: 11/50/7'7 STATE OF KANSAS COUNTY OF SALINE, SS: On this day of , 1994, before me a Notary Public in and for said state, personally appeared Don 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 w'jthin 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. Notary Public My appointment expires: