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20110349� <br />� <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, vegeta.tion, 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 pernuts and comply with the City requirements for excavations <br />and surfacing when doing any such work in the public right-of-way. <br />4. It is understood by the Owner that the connection fee is Five Hundred Twenty Nine and <br />54/100 Dollars ($529.54) _(234' x$2.263/ft), payable to the City of Grand Island prior to <br />connection. The City of Grand Island hereby acknowledges payment of said connection <br />fee. It is further understood by the Owner that a11 plumber's fees and sewer tap fees are at <br />the Owner's own ex�ense. T'he �Jwner hereby waives the right to protest the creation of a <br />sanitary sewer district to serve this area. <br />5. It is understood by and between the parties that the connection fee stated in Paragraph 4 <br />is not an assessment but will be credited to a future assessment in the event that a sanitary <br />sewer is constructed to serve this area sometime in the future. <br />6. 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 Ci;ry, 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 remave the private line connectian 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 />7. 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 />8. The Public Sa�utary .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 Qwner shall be required to extend sanitary sewer <br />service to said property in another sa.tisfactory manner without cost to the City. <br />9. This agreement shall be binding upon the parties hereto, their successors and assigns. <br />10. This Public Sewer Connection Agreement sha11 be constructed in accordance with the <br />law of the Sta.te of Nebraska and the City of Grand Island, Nebraska. <br />-2- <br />