HomeMy WebLinkAbout5314Contract Number
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End Date
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5314
SAM SCHICKER
Agreement and Release
Engineering
LEG 12-1
11/4/2013
9/1/2014
Comments
AGREEMENT AND RELEASE
1 Parties This settlement agreement and release ("Agreement") is entered into on
the date fully executed below by and between Sam Schicker, owner of certam property located at
or ad�oinmg 4 Street m the City of Bremerton affected by this agreement, hereinafter referred to
as "Owner" and the Crty of Bremerton, heremafter referred to as "Crty"
2 General Recitals The City recently converted overhead utilities to underground
utilrties in the alley between 4 Street and Burwell Street Owner is required to connect Owner's
property to the utilrties after the utilrty conversion
3 Terms of Settlement In consideration of the City paying 62 5% of the cost for
Owner to connect to the uhlrties, Owner agrees to connect to the underground utilrties, and as set
out in detail below, release the Crty from any liabilrty related to the connection, and hold the Crty
harmless from any claims related to the connection The parties agree that the total cost of
connection is $8,192 14, which mcludes the cost assessed by Puget Sound Energy (PSE) m the
amount of $858 00 as well as Lil Electric ("Contractor"), the electrical contractor performmg the
utility connection m the amount of $7,334 14 The City's share of the cost at 62 5% is $5,120 09
which mcludes $536 25 to be paid to PSE and $4,583 84 to be paid to Contractor
City will deliver to Owner checks made payable directly to PSE and Contractor for the
Crty's share of the payment The Crty will deliver these checks to Owner withm 15 days of
receipt of the invoices and acceptance of the same If the checks are not timely delivered by the
City to Owner or by the Owner to PSE or Contractor, then the party at fault will pay all related
mterest and penalties assessed, if any, and indemmfy and hold the other party harmless for the
same This obligation supersedes paragraphs 4 and 5 in the event of a conflict
Owner shall choose and enter mto a contract with the Contractor to perform the
connection The City will not be a party to Owner's contract with the Contractor The City's
payment to the Contractor does not create any contractual relationship with the Contractor or
guarantee Contractor's work or in any way create a duty between the Crty and the Owner
regardmg the Contractor's workmanship
4 Release For the consideration stated above, Owner agrees on behalf of himself,
his heirs, successors and assigns to forever release and forever discharge the Crty and rts
officials, employees and agents from all claims of any kind or nature Owner has or may later
have related to the facts alleged or that could have been alleged resulting from the
undergrounding, conversion and connection of utility services to Owner's properties by
Contractor Acceptance of this release is not to be construed as an admission of liability or
responsibilrty on the part the Crty The Crty expressly demes liabilrty or responsibilrty for such
claims Regardless of the adequacy of the above consideration, the acceptance of this release
shall not operate as an admission of liability on the part of the City to Owner or its contractors
5 Hold Harmless The Owner warrants that no other person or entrty has or has had
any mterest m the claim or causes of action referred to in this release, and that he has the sole
right and exclusive authority to execute this release and receive any sums specified m it The
Owner shall defend and indemmfy the City and hold the City harmless should any other person
or entrty claim to have an mterest in the claims and m�uries described m this release relatmg to
Contractor's work to connect Owners properties to the underground uhlrties
6 Jurisdichon This Agreement shall be construed in accordance with the laws of
the State of Washington The provisions of this Agreement have been negotiated by the parties,
and when mterpreting the provisions of this Agreement, there shall be no presumption of
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draftsmanship for or agamst either party Should any litigation result from this Agreement, each
party is responsible for its own litigation costs and attorney's fees
7 Terms Accepted The Owner hereby declares that the terms of this release have
been completely read and are fully understood and voluntarily accepted The Owner further
declares that he has been given a full and fair opportunity to consider this release and knows that
this release releases potentially unknown claims and/or claims about which he may have limited
knowledge
CITY OF BREMER'�ON
�
By P ENT, Mayor
Date ��'� ��"" l•3
OWNER .
By Sam Schicker
Date � �/� `,}�
R\Legal\Legal\Files\Current Actrve FtlesU'ark Avenue PlazaWlley Ut�hty Comersion\4th Street util�ty convers�on agreement Schicker doc
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