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OUT OF DISTRICT WATER AGREEMENT This Agreement is made this ___ day of , 2026 by and between the Town of Aurora, a New York State municipal corporation with offices at 575 Oakwood Avenue, East Aurora, New York 14052, hereinafter referred to as the "Town", and. Nathan Kalwicki, owner of record ai 8815 Falls Road, PO' West Falls, Town of Colden, New York (SBL# 213.00-4-5.112) hereinafter referred ‘to as the - "Applicants". ‘ WITNESSETH: ‘WHEREAS, the Applicant hereby represent and warrant to the Town that he is the owner of an improved, or to be improved, property in the Town of ~Colden situated ‘at 8815 Falls Road (the “Premises"), which Premises is described in Exhibit A (copy of deed) annexed hereto; and WHEREAS, the Applicant is desirous of obtaining water from the from the Erie County Water Authority from an existing water main (formerly Water District No. 18 of the Town] to service the Premises; and WHEREAS, the Applicant has asked the Town for permission to obtain water from the Erie County.Water Authority as an out of district customer for a premises that is not in the Town of Aurora. “= NOW THEREFORE, in consideration of the Town granting permission to the Applicants to obtain water from the Erie County Water Authority, the Applicants ..do hereby represent, warrant and agree as follows: “12 ~The terms, conditions and covenants contained herein shall run with the Premises and shall be binding upon subsequent owner of the Premises. 2. To advise any subsequent owner of the Premises of the terms and conditions of this Agreement. 3. Applicants agree to pay all charges and fees applicable to the Town of Aurora for this water service, including, without limitation, debt service for the bonded cost of the water main(s} (formerly Water District 18}, debt service for the bonded cost of the Master Water Improvement Area, and applicable hydrant fees. This Agreement may be terminated by the Town should the Applicants fail to pay any charges or fees attributable to the services described herein in a timely manner, either through or to the Town, an independent water district of the Town, adjoining municipality, or other