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RITE AID CORPORATION/JOHN HALL, TRUSTEE - 2006
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RITE AID CORPORATION/JOHN HALL, TRUSTEE - 2006
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Last modified
1/3/2012 2:16:13 PM
Creation date
3/21/2007 3:11:09 PM
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Contracts
Company Name
RITE AID CORPORATION/JOHN HALL, TRUSTEE
Contract #
A-2006-320
Agency
PUBLIC WORKS
Council Approval Date
12/4/2006
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<br />2. The City hereby agrees to and shall review and approve the Plans for the <br />Improvements and the connection of the Improvements to the Owner's Property to the City's <br />sewer system in accordance with the City's standard procedures and subject to compliance with <br />all applicable federal, state and local statutes and regulations and the Owner's satisfaction of all <br />of the terms and conditions of this Agreement. <br /> <br />3. Provided that the Owner's application for sewer service and the Plans for <br />connection to the City's sewer system meet the specifications of the City's Municipal Code and <br />any and all local rules and regulations related thereto and that the Owner constructs the <br />Improvements to the satisfaction of the Director and with the consent of the County and the <br />County Sanitation District of County (herein referred to as the "Sanitation District"), the Owner <br />agrees to dedicate the Sewer Main to the City free and clear of all liens. The City hereby agrees <br />to and shall inspect and assume ownership (including full responsibility for maintenance) of the <br />Sewer Main and Sewer Laterals (only to the Owner's property line) in accordance with the City's <br />standard procedures and will thereafter provide sewer service to the Owner's Property, including <br />all customer service functions associated with providing sewer service. <br /> <br />4. In light of the fact that the Owner's Property is not located within the boundaries <br />ofthe City and the City is presently unable to include the Owner on its billing system for monthly <br />sewer service charges paid by owners of similarly situated real property located within the <br />boundaries ofthe City, the Owner hereby agrees to and shall pay to the City upon delivery ofthis <br />Agreement to the City a monthly sewer service charge and a sewer connection fee in the amounts <br />set forth on Exhibit C attached hereto; provided, however, that, from and after the effective date <br />of annexation of the Owner's Property to the City, the Owner hereby agrees to and shall pay to <br />the City a monthly sewer service charge, sewer connection fee and any other applicable charges <br />and fees in effect and paid by the owners of similarly situated real property located within the <br />boundaries of the City at the rate(s) established therefor by the City (subject to any adjustments <br />provided for by the City from time to time). <br /> <br />5. Prior and as a condition precedent to the City's obligation to accept ownership of <br />the Sewer Main described on the Plans and the City's provision of sewer service to the Owner's <br />Property, the Owner hereby agrees to and shall satisfY the following conditions: <br /> <br />(a) Secure from the County and any other public agency having jurisdiction all <br />easements, encroachment permits and/or other approvals and consents necessary and <br />appropriate to permit the Owner to install the Improvements, including the payment of all <br />fees related thereto. The easements, permits, approvals and consent required to be <br />obtained from the County must include the delegation to the City of complete <br />responsibility for all lines leading from the Sewer Main up to the connection with the <br />City's existing sewer lines located in Seventeenth Street. This responsibility will include, <br />but not be limited to, maintenance, repair, clearance of all stoppages, and repair of streets, <br />sidewalks, and private property damage by the failure or work on any portion of the line. <br />The City will use its best efforts to assist the Owner in securing such easements, permits, <br />and/or other approvals and consents from the County; <br /> <br />3 <br />
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