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~~ <br />2oiooss~l <br />2. The sanitary sewer service line constructed and maintained by the Owner shall be and <br />remain the property of the Owner, until the property is sold and in no event shall the City be <br />required to maintain the line. <br />3. If the construction or maintenance of the Owner's private sanitary sewer service line <br />and connection to the City's public main requires the excavation of dirt, removal of hard <br />surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public <br />right-of--way or any other property, the Owner shall restore the surface of the area to the <br />same condition as it existed immediately prior to the Owner's work in the area. The Owner <br />shall obtain all necessary permits and comply with the City requirements for excavations <br />and surfacing when doing any such work in the public right-of--way. <br />4. The Owner hereby waives the right to protest the creation of a sanitary sewer district to <br />serve this area. <br />S. It is understood and agreed that the Owner can construct, maintain, and connect their <br />private sanitary sewer service line to the City's sanitary sewer main at their own risk. The <br />Owner hereby waives any claim for damages against the City, its officers, agents, <br />employee, and independent contractors for any damage or injury that may result to said <br />private line being connected to the City's sewer main in the public right-of--way. The <br />Owner agrees to remove the private line connection at any such time as removal is <br />necessary in order for the City to provide public services in the area, such as installation, <br />repair, or maintenance of utilities in the public right-of--way. <br />6. The Owner shall indemnify and hold harmless the City from and against any and all <br />loss and damage, claims, demands, suits, liabilities, and payments in contract or tort <br />resulting from or as a result of the Owner's use of the sewer main in the public right-of--way <br />for the connection of a private sewer. <br />7. The Public Sanitary Sewer Connection Agreement shall take effect immediately upon <br />the date of the execution of this document by both parties and shall continue for an <br />indefinite term; provided that either party may terminate this agreement at any time by <br />giving the other party ninety (90) days written notice to the other. If the City should require <br />the termination of this agreement, the Owner shall be required to extend sanitary sewer <br />service to said property in another satisfactory manner without cost to the City. <br />8. This agreement shall be binding upon the parties hereto, their successors and assigns. <br />9. This Public Sewer Connection Agreement shall be constructed in accordance with the <br />law of the State of Nebraska and the City of Grand Island, Nebraska. <br />10. Wherever the context of the language in this Public Sewer Connection Agreement is <br />appropriate, the singular shall apply to the plural and the plural shall apply to the singular. <br />-2- <br />