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HomeMy WebLinkAboutFITCH, FRANK & DONNA / � Return Address. City of Bremerton Attn 346 6' Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 200905280233 Water Agreement Rec Fee $ 45 00 page 1 of 4 05/791700 02 20 PM Walter Washington Kttsap Co Auditor 1111111 IIIIII 111 I1II 11111111111011111 IT 111111111111111111111111111111111 X111111111111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Water Connection Agreement Reference Number(s) of Documents assigned or released Grantor(s) 1 Frank and D6nna Fitch ❑ Additional names on page of document Grantee(sp 1 City of Bremerton ❑ Additional names on page of document Legal Description: Portion of NW '/ , SE 1 /4, Section 33, T 24 N R lE (abbreviated) ❑ Additional legal is on page of document Assessor's Property Tax Parcel/Account Number 332401 -4 -035 -2009 and 332401 -4 -034 -2000 WATER CONNECTION AGREEMENT THIS AGREEMENT is entered into between FRANK AND DONNA FITCH (hereinafter "Owners ") and THE CITY OF BREMERTON (hereinafter "City "), WASHINGTON Whereas the Owner's have property located at 2412 and 2416 Anderson Hill Road SW that is currently served by an existing private artesian well (hereinafter "Well "), and Whereas the Well has recently experienced periods of reduced pressure which is insufficient to provide reliable water service to the two properties, and Whereas the City operates a municipal wellfield adjacent to the Owners' property, and Whereas the City wishes to maintain the continuous, unencumbered, and reliable supply from of its municipal wellfield, and Fitch Water Connection Agreement Page 1 Whereas the City has agreed to connect Owner's property, located at 2412 and 2416 Anderson Hill Road SW, to the City's water system. NOW THEREFORE, for good and valuable consideration, the parties hereby agree. 1. That the City, at its own expense, will provide the "Work" identified in Exhibit A which has an estimated value of $14,214 00 2 That the City will waive all general facility charges and connection fees in association with the Work referred to above 3 That the City will be responsible for the maintenance and repair of the water service lines between the water main and the downstream valve on the meter, including the meter 4 That the Owners will be responsible for any required future inspection and maintenance on the pressure reducing valves and the reduced pressure backflow assembly, or repairs required to the service Imes located between the meter and the residence 5 That Owners will cooperate with the City in order for the City to fulfill its obligations herein, including but not limited to providing access for the City and assisting in locating the existing service Imes and points of connection 6 That the Owners will continue to use the Well for irrigation purposes which requires the installation of a backflow prevention device and that the Well will not be interconnected to the domestic water service lines. 7 That the City has no current or future obligation related to the reliability of the Well as a source of supply and has no obligation related to the future abandonment of the Well. 8. That Owner, individually and on behalf of his or her heirs, executors and assigns hereby acknowledges that the Work identified in Exhibit A as and for full and complete settlement and satisfaction of any and all claims, damages or injunes of any nature whatsoever that the Owners may have against the City, its officials, employees, agents or licensees, and that the Owner, individually and on behalf of his or her heirs, executors and assigns does hereby waive and release any and all claims or rights of recovery that the Owner or his or her heirs, executors and assigns may have against the City and further that the Owner shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, ansmg out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence The provisions of this section shall survive the expiration or termination of this agreement Fitch Water Connection Agreement Page 2 EXHIBIT A The "Work" is described as follows, The City shall provide all labor and materials to provide two 5/8 "X3/4" domestic water services for the residences located at 2412 and 2416 Anderson Hill road SW. This shall include two taps on the water main, all excavation and backfill, two meter boxes and meters, all necessary fittings, and pavement restoration. The City will waive all General Facility Charges and Connection Fees for these two services. The current General Facility Charge is $2511.00 per service connection, the current Connection Fee is $2,925.50 per service connection, and the current pavement restoration charge is $1041.00 for a value of $11,914 00. Additionally, the City will provide all labor and materials separate and connect both residences to the individual meters This additional work shall including two pressure reducing valves with boxes and a 3/4" reduced pressure backflow assembly with Hotbox for the property located at 2416 Anderson Hill Road The work includes all labor and materials to install the service Imes including all trenching, backfill, all necessary fittings, and pavement restoration, and includes the initial inspection and testing of the backflow assembly The estimated value of this additional work including all parts and labor is $2,300 00. The total value of the City Work is $14,214 00 Fitch Water Connection Agreement Page 4 9 That Owners agree and accepts that immediately after the Work is performed, that the Owners will become customers of the City's water utility and as such will be responsible to comply with the City's rules and regulations, including the payment of water bills in accordance with BMC 15.06 as enacted and hereinafter amended 10 That all of the parties' rights and obligations herein are contingent upon the City's obtaining necessary permits for the work identified herein, and if the City is unable to obtain necessary permits for the work, then the City is not obligated to perform any of its duties set forth herein. 11 That this Agreement shall remain in force until a) the duties and obligations have been performed or b) the City provides Owner written notification that the City did not obtain the necessary permits for the Project or c) this Agreement is terminated by written instrument upon mutual consent of the parties or d) this Agreement is terminated by the City of Bremerton for convenience 12 That if any one or more sections, subsections, sentences or phrases of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect 13 That the written provisions and terms of this Agreement supersede all prior verbal statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement contains the entire agreement between the parties. IN WITNESS WIIEEREOF, the parties below have executed this agreement FRANK and DONNA FITCH THE C T BRE Print Name: Fi Tc / < Print Name: c BnZet io on Title. Print Name - \ - )o u A. L.. +c 0 Owners DATE: _� g DATE Y,60�0 9 Fitch Water Connection Agreement Page 3