AGREEMENT

This Agreement (the “Agreement”) is made by and between the Upper Tyrone Township Sewage Authority (“the Authority”) and ______, a property owner in Upper Tyrone Township, Pennsylvania, Township of the Second Class in Fayette County ("Owner").

RECITALS

WHEREAS, The undersigned, an authorized representative of the UPPER TYRONE TOWNSHIP SEWAGE AUTHORITY (the “Authority”), hereby certifies that at a meeting held on the 22nd day of December, 2014, after due notice, at which a quorum was present, the Authority unanimously adopted a Resolution offering an early payment program to residents to begin to pay for expected municipal tap-in fees, AND

WHEREAS, the standard payment for a mandatory tap in fee be set in the amount of two thousand three hundred dollars ($2,300), AND

WHEREAS, if payment is to be paid before the completion of construction of this project, then the tap-in fee will be subject to a five hundred dollar ($500) discount, AND

WHEREAS, owners who choose to join an early payment program may agree to make eighteen (18) payments of one hundred dollars ($100), AND

WHEREAS, Owner wishes to participate in the early payment plan, and the Authority agrees to said participation.

NOW, THEREFORE, in consideration of the mutual promises, covenants, agreements and understandings set forth in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:

1.  The foregoing recital paragraphs are incorporated into and form a part of this Agreement.

2.  Owner shall pay the Authority the amount of eighteen hundred dollars ($1800) in monthly installments of one hundred dollars ($100).

3.  Said monthly payments are due the 1st day of the month. If payment is not received by the fifth day of the month, Owner shall be considered in violation of this agreement.

4.  The parties agree that, if Owner violates the terms of this agreement, he or she shall be charged the full two thousand three hundred dollars ($2,300) for the tap-in.

5.  Owner may apply for re-instatement into the early payment program, however, re-admission is solely at the discretion of the Authority’s board.

6.  Should, for whatever reason, the project at issue in this matter be canceled, the collected funds will be refunded to Owner, without interest, within 60 days of a vote of the Authority’s board to terminate the project.

7.  Attorney's Fees and Costs The Parties agree to bear their own costs, attorneys' fees and expenses incurred in connection with this Agreement; however, in the event that any party commences an action to enforce or interpret the provisions of this Agreement, or for any other remedy based on or arising from this Agreement, the prevailing party or parties therein shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with such action or proceeding.

8.  Amendment This Agreement may not be abrogated, modified, changed, amended, waived or altered in any manner, whether in whole or in part, without a written agreement to do so signed by the Parties or their duly authorized agents.

9.  Entire Agreement, Binding Effect This Agreement constitutes the entire agreement between and among the Parties. No promises or representations of any kind or character other than those stated herein have been made to induce any party to enter into this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties to the maximum extent permitted by law.

10.  No Reliance on Opposing Party The Parties acknowledge that no other party nor any agent or attorney of any other party has made any agreement, promise, representation or warranty (whether express or implied) not contained in this Agreement to induce another party to execute this Agreement. The Parties further acknowledge that they are not executing this Agreement in reliance upon any agreement, understanding, promise, representation, warranty or inducement by or on behalf of the other party that is not contained in this Agreement.

11.  Governing Law This Agreement is made under and shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles.

12.  Neutral Construction This Agreement shall be construed without regard to the party or parties responsible for its preparation and shall be deemed as having been prepared jointly by the Parties hereto. Any ambiguity or uncertainty existing herein shall not be interpreted or construed against any party hereto. This Agreement shall be construed as a whole according to its plain meaning.

13.  Severability The terms, conditions, provisions, warranties and representations in this Agreement are severable. If any term or provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, then such term or provision shall be deemed stricken and the entire remainder of this Agreement shall remain in full force and effect.

14.  Headings Any headings preceding the text of the paragraphs and sub-paragraphs of this Agreement are inserted solely for convenience and reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect.

15.  Authorization of Signatories The undersigned represent and warrant that they are fully competent and authorized to execute this Agreement and have signed their names to this Agreement of their own free will. The Parties agree that this Agreement constitutes the legal, valid and binding obligations of the Parties, enforceable against the Parties in accordance with its terms.

IN WITNESS WHEREOF, each of the Parties hereto has knowingly and voluntarily executed this Agreement or has caused this Agreement to be executed by their duly authorized representatives, as of the date set forth adjacent to each of their respective signatures.

UPPER TYRONE TOWNSHIP SEWAGE AUTHORITY

By: ______Date:

Name:

Title:

OWNER

By: Date:

Name:

Title:

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