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200904099 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 1 S24 E Capital Avenue to the City's Sanitary Sewer Manhole No. 177-3 as per Standard Plan 129A, all as shown on the attached drawing dated April 29, 2009 in accordance with the requirements ofthe Director of Public Works. Such connection is to be inspected and approved by a City Plumbing Inspector. 2. The private sanitary sewer service line constructed and maintained by the Owner shall be and remain the property of the Owner, and in no event shall the City be required to maintain the line. 3, if the construction or maintenance of the Owner's private sanitary sewer service line and connection to the City's public sanitary sewer 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 of the 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 ONE THOUSAND TWO HUNDRED SIXTY h'OUR 50/100 DOLLARS ($1,264.50), 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 plumbers' fees and sewer tap fees are at the Owner's own expense. S. The Owner hereby waives the right to protest the creation ofa future sanitary sewer district to serve this area. 6. 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 the Owner's 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 ofutilities in the public right-of- way. 7. The Owner shall indemnify and hold harmless the City from. and against any anal all loss and damage, claims, demands, suits, liabilities, and payments in contract or tort resulting from or as a result of the Owner's use of the sewer main in the public right-of way for the connection of a private sewer, 2