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HomeMy WebLinkAbout1994 - Utility Connection Assistance - Huggett Claire - 9405260442 (2)CD i, y, City of Tukwila -ice 7 G i o ky e et UTILITY CONNECTION ASSISTANCE AGREEMENT 4 :'��C p his AGREEMENT, entered i nto this day o f G' EIS {}____„5 wi by and between the City of Tukla, hereinafter referred to as CITY and a,a_Ai i C 14 K Ca�� j'T hereinafter referred to as "OWNER(S) for the purpose of providing utility connection services and providing for repayment to the City for such services, is as follows: Section 1. Premises: Owner(s) certify and warrant that they are legally entitled to encumber the property described in Exhibit A Legal Description, as attached hereto, that Owner(s) are lawfully seised of the estate described in Exhibit A and have the right to grant and convey said property, that the property is unencumbered, except for encumbrances of record, and that said property is the site where Utility Connection Services have been perfoLmed. Section 2. Residence and Preservation: Owner(s) further certify and warrant that they are the primary residents of the premises where services have been perfoLmed in accordance with the City of Tukwila Utility Connection Assistance Program and hereby agree to preserve and maintain said premises so as to not allow it to deteriorate or to commit waste of sane. Section 3. Costs and Scope of Work: Owner(s) agree that the Scope of Connection Services and costs associated with such services as described in Exhibit B are an accurate representation of such services and represent a financial obligation to the City of Tukwila for the full amount of the costs indicated therein. Section 4. Repayment of Costs: Owner(s) agrees that all financial obligations incurred through participation in the City of Tukwila Utility Connection Assistance Program shall be recorded with King County Assessor's Office as a financial lien against the property described in Exhibit A and that such lien shall be repaid, without any accumulation of interest or charges, at such time as the ownership of the premises described in Exhibit A changes from that of the Owner(s) described herein OR at such time as the Owner(s) described herein are no longer the primary residents of said premises. In and as further_ consideration, Owner(s) hereby expressly waive any applicable statute of limitations that may apply to the City's claim or right to foreclose this lien. Section 5. Release: Owner(s) release City from any and all claims, losses, haiau, costs, liabilities, damages, and expenses directly or indirectly resulting from or in connection with the performance of the Scope of Connection Services described in Exhibit B or any materials and labor required for same. Section 6. Entire Agreement: All exhibits hereto are incorporated into this Agreement and are a part thereof. This Agreement sets forth the entire Agreement between the parties and no other teLius or conditions are implied or otherwise binding. No change, amendment, or modification of any provision of this Agreement shall be valid unless set forth in a written amendment to this Agreement and signed by both parties. L7 irs Utility Connection A_ tance Agreement PAGE TWO This Agreement is hereby executed and in full force and effect on the date first written herein, CI F TUKWILA: Date STATE OF WASHINGTON County of King OWNER(S): signed and sealed this said instrument as Kr K c STATE OF WASHINGTON N County of King CD Kr ss. ss, On this day personally appeared before to me known to be executed the foregoing instrument, and signed and sealed this said instrument deed for the uses and purposes therein Given under my hand and official seal W. Rants, Mayor Ci of Tukwila On this day personally appeared before m -14/1.l 0 7- to me known to be the individual/ described in and who executed the foregoing instrument, and acknowledged to me that �IQJ free and voluntary act and deed for the uses and purposes therein mentioned Given under my hand and official seal this day of 4'- 199 3 No— TARY PUBLIC in and for the 4 0 I ate �gi Washin y Lon re din g at yC'e /frig c l cJ My commission expires LIC in and for the WashinyLon residing i NOTARY P State at My commission expires 43a e �111 5 :B�Fa� e® a NAME AS COMMISSIONED: pusuo al me 04.14 e. A-/ -/4G and the individuals described in and who acknowledged to me that as hp/ free and voluntary act and mentioned. 9 day of r O 1l 199 9 Lot Number Block Number: Subdivision Exhibit A Site Address: 4 2t S00 71-1 M oT-R ST Owner of Record: p L e g a l D e s c r i p t i o n A tvo. 5 1 c' (90 King County Assessor's Office Records: Volume No. Page No. S c o p e Exhibit B C o n n e c t i o n S e r v i c e s For the purposes of the Utility Connection Assistance Agreement, the work elements and costs to connect the residence at 4217 South 160th Street are as follows: o Install 100 lineal feet of underground power, telephone and CATV, from handholes to residence. o Lump Sum cost for above work scope 3,495.00, plus 8.2% sales tax, based on bid received from Holmes Electric Co. on November 12, 1993; plus Puget Power connection charges of $195.20 paid by the City as shown on the attached purchase order and invoice. Total lump sum cost: 3976.79. RELEASE OF CLAIMS In consideration of the assistance provided by the City of Tukwila through the Community Development Block Grant Program to effect the undergrounding of utility services to my residence located at: 4217 S. 160th, Tukwila, WA 98188, I hereby release the City of Tukwila, its representatives, agents, and employees, from all claims, liabilities, damages, and expenses of any nature or kind whatsoever, which are in any way connected to or arising from the undergrounding of utility services to said residence. Furtheimore, it is understood that all contracts between the City of Tukwila and the contractors providing undergrounding services, will include requirements that such contractors restore my property to its original condition, and it is further understood that this release prevents me from seeking any recovery against the City of Tukwila in the event that damages are caused to my property. This Release of Claims has been carefully read by me and its contents are clear. This Release of Claims is signed as a free and voluntary act and not as a result of any undue influence, duress, or bad faith on the part of any party. Signed this day of ice 19 =rte Property Owner(s): STATE OF WASHINGTON) COUNTY OF KING SS. I certify that I know or have satisfactory evidence that: i _4 are the individual(s)✓who appeared before me, and they acknowledge that they have signed this instrument.as a free and voluntary act for the uses and purposes contained herein. is "13 Subscribed and sworn to me this day of 7iG�..Ct 5' 4k y S�' Notary Public in and for the e Q. 7 State of. Washington; residing at: b w :o %.0 01lllilt4 p q Wy Co�u t_ s s :;on x o�O °te :„;37:0,,,,-;' 'n -s� t F 4 OF �I 111 E 1, 17 J i tom. /'X -7