Sewer Reimbursement Agreement - David Frame - Sewer Extension Payment to City

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Property, estimated at one hundred dollars ($100) per linear foot of new sanitary sewer main, or thirty-six thousand, three hundred dollars ($36,300). 6, City shall credit Frame for the engineering design fee, which has been paid by Frame to the engineer, Abonmarche Consultants, Inc., in the amount of eight thousand, four hundred dollars ($8,400). See attached Exhibit D. 7. Thus, the total reimbursement to the City shall be twenty-seven thousand, nine hundred dollars ($27,900). 8, The City shall accept sewage when completed, in a manner consistent with the rules and regulations of the City's sewer department, and the federal, state and local laws, ordinances and regulations applicable thereto. The City shall be responsible for the future maintenance, operation, and costs of the Extension. The parties hereto agree that the City shall not accept any sewage from the Extension until the Extension has been tested and accepted by the City. 9. The parties hereto agree and understand that entities that connect to the sanitary sewer line located in the Service Area are not required to consent to annexation to the City. 10. Frame agrees and undertakes to indemnify and hold the City, its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of this Agreement. If any action is brought against the City or its respective agents, employees, successors, or assigns, in connection with this Agreement, Frame agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. IL Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law; but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 12. This Agreement shall be construed and interpreted in accordance with the laws of the State of Indiana. 13, This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and supersedes all prior discussions,