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2002 Rural Fire Protection Agreement RURAL FIRE PROTECTION AGREEMENT THIS AGREEMENT is made and entered into this first day of January 2002, by and between the CITY OF SALINA, a municipal corporation in Saline County, Kansas, hereinafter referred to as "City", and Habco, Inc., owner of property located 248 E. Berg Road; Saline County, Kansas, <whether it be person(s), firm or corporation> -- hereinafter referred to as "Owner". WHEREAS, the City of Salina is a City of the first class, situated within the County and State aforesaid, and does, in the exercise of its municipal powers and functions, have a duly organized fire department; and WHEREAS, Owner is the owner of certain property lying and situated in Saline County, Kansas, outside the Corporate Limits of said City; and WHEREAS, Owner desires to provide for such fire protection as the City is authorized to extend outside of limits, under and pursuant to K.S.A. Section 80-1502; and SO, NOW THEREFORE, in consideration of the articles and covenants hereof, it is mutually agreed by and between the City and the Owner; Owner agrees to pay City cash in advance each year a sum equivalent to One Hundred Twenty-five percent (125%) of the mi111evy required to provide fire protection service within the limits of the city for the year in which the contract is executed or renewed, multiplied by the most recently available assessed valuation ofthe property (including land, improvements and personal property) for which fire protection is to be furnished; subject, however, to a maximum annual charge for anyone tract of property in one ownership of Twenty-five Thousand Dollars ($25,000). said property being described and located as follows: LOT(S) 6 BLOCK 001 SUBDIVISION RPT S SALINA SERV CTR PUD SUBDIVISION PLAT: BOOK PAGE SECTION 01 TOWNSHIP 15 RANGE 03 TRCT DESC: L T 6 BLK 1 RPL T SOUTH SALINA SERVICE CENTER Addressed as, 248 E. Berg Road, Salina, KS 67401 IN CONSIDERATION THEREOF, the City of Salina agrees to provide fire protection for said property and the owner thereof, as aforesaid, consistent with and subject to each and every limitation and provision contained and set forth, in and under said K.S.A. Section 80-1502. The commencement ofthe first term hereof shall be the first day of January 2002, and end the 3rt day of December 2002, and shall continue from year to year, or 12 month period to 12 month period, thereafter; provided that the sum determined aforesaid is paid prior to the commencement of the next succeeding year or 12 month period; provided however, that in the event the governing body of the City deems it to be contrary to the public interest to provide for the extension hereof, for any given year, then it shall be the duty of the Fire Chief to refuse to accept the payment for the next year's services, and this contract will hereby be terminated. Rural Fire Protection Agreement Page 2 The sums aforesaid shall be paid unto the Director of Finance and the City Clerk of said City, and upon the receipt thereofby the City Clerk and Director of Finance, the same shall be obligatory upon the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year first herein mentioned. CITY OF SALINA ~~ Dennis M. Kissin er, ~)-4k,~ Darrell Eastin, Fire Chief ~.~ ~. '/ [~ --- Timot uyse, / Habco, Inc. t~~~ ~g~ .