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HomeMy WebLinkAbout1993 - Agreement for Connection to Sewer Disposal System of Val Vue Sewer District - 93071518479307151847 AGREEMENT FOR CONNECTION TO SEWER DISPOSAL SYSTEM OF VAL VUE SEWER DISTRICT THIS AGREEMENT is entered into effective on the 25th day of June , 19 93 , by and between Val Vue Sewer District, a municipal corporatjo , ►ereinafte referred to as.the "District" and Lorrain H. Parsons 4646 S. 160th St. hereinafter referred to as the "Owner ", on the following terms and conditions: WHEREAS, the District and existing pursuant to acquisition, construction, reorganization, and regulat WHEREAS, Owner holds described in Attachment "A" is a municipal corporation organized Title 56 RCW, for the purpose of maintenance, operation, development, ion of a system of sewers; and record title to the real property to this Agreement; and WHEREAS, the said real property is outside the established geographic boundaries of the District or has otherwise not been assessed or subjected to assessment or charges of the District to defray costs of construction, improvement, maintenance and '7 operation of the District's sewerage disposal system; and WHEREAS, the Owner, solely or in participation with others, has constructed a sewerage disposal main or line for the purpose of providing sewer service to Owner's property, or to Owner's property as well as real CD property adjacent thereto; and lT WHEREAS, the Owner is now desirous of connecting the said sewerage disposal main or line to the District's sewerage disposal system and the District is willing to permit that connection and to provide sewerage disposal services; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. The District hereby grants to the Owner, and to Owner's heirs, successors and assigns, permission to connect the sewerage disposal main or lines located on the real property described in Attachment "A ", to the District's sewerage disposal system. 2. The total connection charge, including any applicable General Facilities Charge and Local Facilities Charge shall be the sum of ** * FIVE THOUSAND SEVENTY DOLLARS * * * * * * * * * * ** ( $5070.00 ), of which ** * Five thousand seventy dollars ($ ), has been paid, receipt of which is hereby acknowledged, and the balance shall be paid as follows: ($ ) shall be paid on or before the _ day of • 19 ,.together with in erest there crued nn the day' of each year thereafter untiNthe connection charge and interest shall have been paid in full. 3. Owner warrants that the construction, including design, workmanship and materials of laterals, side sewers and connections shall be in accordance with the standards and specifications of the District. Owner agrees to allow the District's engineers, or other designated agents, to inspect performance of the work and materials, and the means of connection, prior to actual connection to the District's sewerage disposal system. Owner shall reimburse the District for all inspection costs. Page 1 of 4 4. Owner shall indemnify and hold harmless the District and its officers, agents, and employees, or any of them, from any and all claims, actions suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of Owner or its contractors, agents or employees, in the design, construction, workmanship or materials of the said sewer mains or lines, or laterals, side sewers and connections. 5. Owner agrees not to resist any future annexation involving any portion of Owner's real property now outside the geographic boundaries of the District and further agrees not to oppose or protest the formation or assessments of a Utility Local Improvement District (ULID) wherein the District is a party. Owner agrees to ,coin in any petitions or proceedings commenced for the purpose of establishing a ULID which would include all, or any portion of, the Owner's real property described in Attachment "A ". Notwithstanding the foregoing, Owner retains the right to file a protest against the roll levying special assessments against Owner's real property. as provided by RCW 56.20.040. In addition, the Owner shall not be required to pay increased assessments or facilities charges resulting from future annexations or formation of any ULID, unless improvements or charges arise from a necessary redesigning of the sewer system, or from an added benefit to the Owner's real property which was eT not anticipated by the connection authorized by this 00 Agreement. Page 2 of 4 All unpaid connection charges shall constitute - a lien against CD all of the Owner's real property described on Attachment "A: to this Agreement, and in event suit is.instituted- to collect iN any delinquent connection charges or installments, or to foreclose the liens therefore, the Owner agrees to pay the expenses of collection, including the costs of title search, costs of suit, and a reasonable attorney's fee. 7. Owner agrees to pay all sewer service charges applicable generally through the District and to be bound by all Resolutions of the District's Board of Commissioners which impose conditions or additional charges upon service, which conditions are generally applicable for like or similar service. B. This Agreement shall constitute a covenant appurtenant, running with the land, and shall be binding upon the heirs, successors and assigns of all parties to this Agreement. 9. In the event that the elevation of Owner's property, or any other reason, requires that the sewer main or line on the Owner's legal property includes an on -site pumping system, or other pressure type system, then Owner agrees to disconnect and cap the pump or pressure system and to connect to gravity service within one hundred twenty (120) days following availability of the gravity system. Capping shall be required at the public right -of -way or as otherwise determined by the District. All costs of disconnecting, capping, and reconnecting to the gravity system shall be borne solely by the owner. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates indicated below. OWNER: • By : c�- tn•t.cx� ;.. � - t✓t/�t• i/.�� Date:._,,; 30 3 By: Date: • STATE OF WASHINGTON ) ) ss COUNTY OF KING ) VAL VUE SEWER DISTRICT, a Municipal Corporation of the State of Washington. By: ACKNOWLEDGEMENT Page 3 of 4 C.mmiss on Date: "7 -L- f 3 e On this day personally appeared before me, d =- t- •4..1`/� .c.� �� /Z.1- ,/ X /I le t +'� /l r.�,f. /t� ✓ ✓� J to me known to be the indi idual(s) described in and who executed the within and foregoing instrument, and acknowledge that he /she /they signed the same as his /her /their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 4 , 19 Printed name: 4 6 . I as•o 64j,s /oh J NOTARY PUBLIC in and for the State of Washington, residing at Commission expires // - / % - lW ATTACHMENT "A" TO AGREEMENT FOR CONNECTION TO TIIE SEWER DISPOSAL SYSTEM OF VAL VUE SEWER DISTRICT PARCEL A OF . /CGAL DESCRIPTIONS / BEFORE THE SNORT SUBDIVISION: SHORT PLAT NUMBER CITY OF TUKWILA, WASHINGTON The west half of the southeast quarter of the southwest quarter of the southeast quarter of the southeast quarter of Section 22, Township 23 North, Range 4 East, H.M., in King County, Washington; EXCEPT the south 30 feet thereof (shown .as unplatted Tract 54 on Sunnydale Gardens, Division No. 1). according to the plat thereof recorded in Volume 25 of Plata, page_ 50, in King County, Washington; TOGETHER WITH the east S feet of the southeast quarter of the southwest quarter of the southwest quarter of the southeast quarter of the southeast quarter of Section 22, Township 23 North, Range 4 East, W.M., in King County, Washington; EXCEPT County Road. Page 4 of 4