COOPERATIVE AGREEMENT
FOR A SHARED PRIVATE SANITARY SEWER SERVICE LINE
THIS AGREEMENT made and entered into this _________ day of _________, 2005 by and between the City of Lawrence, Kansas, a municipal corporation, (hereinafter referred to as the “City”) and Neil McCullough, owner of property commonly located at 545-547 Indiana Street (legally described as Lots 31 and 33 and the East 10 feet of Lot 35 on Pinckney, now 6th Street, in the City of Lawrence) and Kent McCullough and Janette R. McCullough, trustees of property commonly located at 710-712 West 6th Street (legally described as the West 40 feet of Lot 35 and all of Lot 37 on Pinckney, now 6th Street, in the City of Lawrence), hereinafter referred to as the “Owners”.
RECITALS
WHEREAS, the City proposes to make sanitary sewer line improvements in the area of 6th Street and Indiana, City Project # CS04-04 (hereinafter referred to as the “Project”); and
WHEREAS, the City owns and maintains sanitary sewer lines that serve the properties in said Project area; and
WHEREAS, the City has determined that upgrades to the sanitary sewer system in the Project area are necessary; and
WHEREAS, in order to serve the above said properties with sanitary sewer service, City staff has determined that it is necessary to construct a single shared sanitary sewer service line that each property shall share in common; and
WHEREAS, the said shared sanitary sewer service line is generally to be located in the area between the buildings known as 545-547 Indiana and 710-712 West 6th Street, as depicted on Exhibit A attached hereto.
NOW THEREFORE, in consideration of the mutual obligations herein, the above recitals are incorporated herein as if fully set forth below and the parties hereto agree as follows:
SECTION 1.
The City hereby agrees to the following:
1. To pay all costs, perform all labor, and supply all materials through an independent consultant and contractor selected by the City for the purpose of design and construction of the sanitary sewer improvements for the Project.
2. To pay all costs, perform all labor, and supply all materials through an independent consultant and contractor selected by the City, for the purpose of design and construction of the shared private sanitary sewer service line that will serve the above properties.
3. To record this Agreement with the Register of Deeds of Douglas County, Kansas and to pay all costs of recording.
SECTION 2.
Each of the property owners agree to the following:
1. To maintain said private sanitary sewer service line jointly shared by each owner and hereby acknowledge that the City does not own, nor is responsible for the service or maintenance of said private service line.
2. To grant shared access to said private shared sanitary sewer service line to each other, each owners’ plumber, contractor, or any service, person or firm, so designated by the owner as needing access to said line for service under the provisions herein.
SECTION 3.
Each of the Parties hereto agree to the following:
1. This Agreement is not intended by any of the provisions or any part of the Agreement to create in the public, or any member thereof, a third party beneficiary or to authorize anyone not a party to the Agreement to maintain a suit(s) for wrongful death(s), bodily and/or personal injury(ies) to person(s), damage(s) to property(ies), and/or any other claim(s) whatsoever pursuant to the provisions of this Agreement.
2. As between the parties, each shall be solely responsible for any and all liability from personal injury, including death, or damage to property, arising from any negligent or intentional act or failure to act of the respective party, its officials, agents, contractors or employees, pursuant to this Agreement.
3. This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such agreements, covenants, and understandings have been merged into this written Agreement. No prior Agreement or understandings, verbal or otherwise, of the parties and their agents shall be valid or enforceable unless embodied in this Agreement.
4. This Agreement shall not be altered, modified, or amended except by an instrument in writing and executed by the parties hereto.
5. This Agreement shall be binding and obligatory upon the heirs, administrators, executors, personal representatives, successors, and assigns of the parties hereto.
6. This Agreement shall be governed by the laws of the City of Lawrence and the State of Kansas.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the day and year set forth above.
ON BEHALF OF THE CITY OF LAWRENCE, KANSAS:
______________________________
Mike Wildgen, City Manager
ON BEHALF OF THE OWNERS OF 545-547 INDIANA STREET
___________________________________
Neil McCullough
ON BEHALF OF THE OWNER OF 710-712 WEST 6TH STREET
______________________________________
Kent McCullough, Trustee
______________________________________
Janette R. McCullough, Trustee
STATE OF KANSAS )
:SS
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this _____ day of _____________, 2005, before me, the undersigned, a Notary Public in and for the County and State aforesaid came Neil McCullough, who is personally known to me to be the same person who executed the within and foregoing instrument of writing, and duly acknowledged the execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.
__________________________
Notary Public
My Commission Expires: ______________________
STATE OF KANSAS )
:SS
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this _____ day of _____________, 2005, before me, the undersigned, a Notary Public in and for the County and State aforesaid came Kent McCullough, acting in his capacity as Trustee, who is personally known to me to be the same person who executed the within and foregoing instrument of writing, and duly acknowledged the execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.
__________________________
Notary Public
My Commission Expires: ______________________
STATE OF KANSAS )
:SS
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this _____ day of _____________, 2005, before me, the undersigned, a Notary Public in and for the County and State aforesaid came Janette McCullough, who is personally known to me to be the same person who executed the within and foregoing instrument of writing, and duly acknowledged the execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.
__________________________
Notary Public
My Commission Expires: ______________________
STATE OF KANSAS )
:SS
COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this _____ day of _____________, 2005, before me, the undersigned, a Notary Public in and for the County and State aforesaid came Mike Wildgen, who is personally known to me to be the same person who executed the within and foregoing instrument of writing, and duly acknowledged the execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.
__________________________
Notary Public
My Commission Expires: ______________________