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200806556 . . t NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the parties agree as follows: 1. The City hereby grants to the Owner a permit to connect the property at 908 E Capital Avenue to the City's Sanitary Sewer Interceptor Manhole No. 177-9 as per Standard Plan 129A, all as shown on the attached drawing dated July 28,2008 in accordance with the requirements of the Director of Public Works. Such conne'ction is to be inspected and approved by the City Plumbing Inspector. 2. The sanitary sewer service line constructed and maintained by the Owner shall be and remain the property of the Owner, until the property is sold and in no event shall the City be required to maintain the line. 3. If the construction or maintenance ofthe Owner's private sanitary sewer service line and connecting to the City's interceptor line requires the excavation of dirt, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of-way or any other property, the Owner shall restore the surface ofthe area to the same condition as it existed immediately prior to the Owner's work in the area. The Owner shall obtain all necessary permits and comply with the City requirements for excavations and surfacing when doing any such work in the public right-of-way. 4. It is understood by the Owner that the connection fee is Three Thousand Five Hundred Fifty Two and 40/1 00 Dollars ($3,552.40), payable to the City Of Grand Island prior to connection. The City Of Grand Island hereby acknowledges payment of said connection fee. It is further understood by the Owner that all plumber's fees and sewer tap fees are at the Owner's own expense. 5. It is understood by and between the parties that the connection fee stated in Paragraph 4 is not an assessment but will be credited to a future assessment in the event that a sanitary sewer is constructed to serve this area some time in the future. 6. The Owner hereby waives the right to protest the creation of a sanitary sewer district to serve this area. 7. It is understood and agreed that the Owner can construct, maintain, and connect their private sanitary sewer service line to the City's sewer main at their own risk. The Owner hereby waives any claim for damages against the City, its officers, agents, employee, and independent contractors for any damage or injury that may result to said private line being connected to the City's sewer main in the public right-of-way. The Owner agrees to remove the private line connection at any such time as removal is necessary in order for the City to provide public services in the area, such as installation, repair, or maintenance of utilities in the public right-of-way. - 2-