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HomeMy WebLinkAboutWEISERT CiTY OF ~EEMERTON :: ~,~:: ~c,n, ~,;z. sh!:-,gton 98310 CONTRACT FOR PAYMENT OF ASSESSMENT FOR CONNECTION TO THE CITY OE BREMERTON WATER SYSTEM /~ THIS AGREEMENT, made and entered into this of ~ ~ ~, 196, and by and between the City ~f Bre~erton, a ~ _~_~c~l corporation, hereinafter referred ~o as. City, and ~ ~r]~i~r~, hereinafter referred ~o as Owners. ~ W I TNE S ~ E TH: WHEREAS, Owners are owner~ of property more particularly described in Exhibi~ 'A" a~ached hereto and incorporated herein by ~his reference and said proper~y is currently individually served by a wa~er main oP ~he City oP Bremer~on; and WHeReAS, Owners are currently desirous of ~he Ci~y providing separate wa~er service ~o them; and WHEREAS, B.~.C. 15.04.050 provides ~e~hod of ~in~ncing. NOW, THEREFORE, City and Owners contrac~ as follows: ~. Owners shall be a~e~sed for the co~ of connection ~o the City of Bremerton ~unicipa] Wa~er System a~ ~he following ........ ~neral Facility Fee .. ~ron~ Footage: 260 ~ X $9.36 ~ 2,433.60 Service Installation ~ee = 367.00 M~y ~ ~: ~8:~ County Road Permi~ = 10.00 Pavemen~ Restoration = 50.00 K~REN FLYNN KilS~ C0UNI~ ~UDll0fl ~otal Cost = $2,860.60 DEPUlY ~ - DoN~ ~ay~e~ (Receipt ~ 26073) ~ 400.00 ~ ANO~N~ ~0 B~ ~I~ANCED = 82,460.60 iBstailme~ts of 868.35 pe~ mo~th ~l~s i~te~est o~ the ~pai~ balance come,ted at 6.0~ pe~ a~m a~d a final ~ayme~t of 868.35, plus i~te~est commencing J~e l, 1986. payment ~ot ~eceived b~ ~he 15th ~i~ ~es~lt in a ~2.00 pe~alt~ ~ayable 4. ~be te~s a~ conditions of this tg~ee~e~t s~e~sede the agreement bet~ee~ the ~a~ies ~eg~i~g the s~b~ect ~atte~ of this ~g~ee~e~t. 5. Rights ~de~ fbis tg~ee~e~t a~e cQ~iative; t~e to e~e~cise o~ ~y occasion a~y ~igbt shali ~ot ope~ate to ~o~ei~ s~ch ~ight o~ a~o~he~ occasion. ~e ~se o~ o~e shall not be ta~e~ to ezclude o~ waive the ~ight to ~se a~o~e~. accordance Nit~ t~e ~aus o~ t~e ~tate of Nas~i~gto~. I~ ~e even~ of a dis~te, s~ch dis~te s~all be litigate~ i~ t~e 7. ~is Agreement ~all bi~d a~d i~e to the benefit o~ the heirs, s~ccesso~s an~ assigns of eitbe~ ~a~ty be~et~ sha]l ~ with the ~a~ be~ei~ cove~ed. ~ ~ie~ shai] be fiied to sec~e the City's i~te~es~. I~ t~e case of the s~le of said p~ope~y, this co~t~act sbai~ be ~aid ~ ~31. E t419 H760 8705080054 8. In the event of default by Owners, the sum of five hundred dollars ($500.00) shall be forfeited as liquidated damages. City shall also have the election to enforce this Agreement and seek further damages for breach thereof, if appropriate. In the event suit is instituted, Owners shall pay full court costs and a reasonable attorney's fee. In the event of trial, the amount of the attorney's fee shall be as fixed by the Court. 9. Owners will defend, indemnify and hold City harmless with respect to any and all claims, liabilities or obligations of any nature whatsoever asserted directly or indirectly arising out of City's services under this Agreement. This indemnity shall include reasonable attorney's fees and suit-related costs and expenses, both at the trial and appellate level; provided, however, that this indemnity shall not extend to matters arising out of gross negligence on the part of City and provided, further, that City's liability for gross negligence shall be sub3ect to the provisions of this Agreement. This indemnity shall survive the termination of this Agreement. 10. Owners shall fully comply with all applicable City ordinances and penalties thereon now, or hereafter, in effect. 11. If default be made in the payment of this Agreement, or any part hereof, or any interest hereon, then the principal sum with accrued interest shall at once become due and payable without notice, time being of the essence of this Agreement, and said principal sum and interest shall bear interest from such default until paid at the rate of twelve percent (12%) per annum. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. OWNERS:. EARL WEISERT 2442 Anderson Hill Road S.W. Port Orchard, Washington 98366 (Service Address: 2442 Anderson Hill Road S.W. Port Orchard, Washington 98366) CiTY OF BREMERTON: LOEE; ~TTEST: KATHLEEN L. McCLUSKEY, Clerk STATE OF WASHINGTON) ss COUNTy 0F KITSAP ON THIS /JF'__// day of ~ , 19~ before me, the undersigned Notary Publi~n ~d fo~ the State of Washington, duly commissioned and sworn~per~nally appeared before me GENE LOBE AND KATHLEEN L. Mc~LUS~Y, Mayor and Clerk, respectively, of the City of Bremerton, the municipal corporation ~hat executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated ~ha~ ~hey are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. [ L4Xg XTG1 8705080054 WITNESS MY HAND ~ '~ iai seal the day and year first ~ PflS[~ ~ ~O~ARY~U~LI~An ~nd for the ~ ~.~-~ ,'~t{~of Wa~in~on, ~idlng at STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) ON THIS day of ' , ~ i9 before me, the undersigned Notary Public ~ ~nd for the State of Washington, dul¥commissioned.__.~and sworn, personally appeared before me U~{~ owners of the property herein and who that executed the foregoing instrument, and acknowledged that they signed and sealed the same for the uses and purposes therein mentioned. WITNESS MY HAND and official seal the day and year first above written. 8705080054