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HomeMy WebLinkAbout1999 - Agreement for Connection to Sewer Disposal System of Val Vue Sewer District - Gadzuk Brian - 1999110800106819991108001068 Val Vue Sewer District 14816 Military Rd S PO Box 69550 Seattle. WA 98168 !P.P.qG 12.00 AGREEMENT FOR CONNECTION TO SEWER DISPOSAL SYSTEM OF VAL VUE SEWER DISTRICT 19991108001068 P11/08/0e990 4021 KING COUNTY, UA THIS AGREEMENT is entered into effective on the /1 day of October . 1999. by and between Val Vue Sewer District. a municipal corporation. hereinafter referred to as the "District" and Brian Gadzuk 4813 S 146`" St hereinafter referred to as the "Owner", on the following terms and conditions Legal Description Lot 6. Block 5 Adams Home Tracts Assessor's Property Tax Parcel No. 004000-0625 WHEREAS. the District is a municipal corporation organized and existing pursuant to Title 57 RCW. for the purpose of acquisition. construction. maintenance, operation. development. reorganization. and regulation of a system of sewers: and WHEREAS. Owner holds record title to the real property described in Attachment "A" 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 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 property adjacent thereto: and 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 System Facilities Charge shall be the sum of Ninty Five Hundred Twenty Four and 16/100 ($ 9.524 16 ).of which Nineteen Hundred Four and 83/100 ($ 1.904 83 ). has been paid. receipt of which is hereby acknowledged. and the balance shall be paid as follows. scription: King,WA Document - Year.Month.Day.DociD 1999.1108.1068 Page: 1 of 5 19991108001068 Five Hundred Seven and 95/100 ($ 507 95 ) shall be paid on or before the 8 day of October. 2000. together with interest then accrued on the unpaid principal balance at the rate of 8.0 % per annum. and a like principal sum together with accrued interest at the same rate on or before the 8 day of Oct each year thereafter until the connection charge and interest shall have been paid in full 3 Any installment not paid within 30 days after the date on which it is due and payable shall be delinquent Any delinquent installment shall be subject to a penalty of 10% levied on both principal and interest due on that installment. Whenever an installment is delinquent. the District may declare the entire balance of principal immediately due and owing. and may collect and enforce the delinquent installment 4. 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 5. 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 6 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 The Owner hereby makes. constitutes. and appoints the District as the true and lawful attorney in fact for the Owner and in its name. place and stead and as an irrevocable proxy to sign a petition for annexation or the formation of a Utility Local Improvement District for the acquisition. installation. and improvements of sewer utility facilities 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 57.16 070 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 not anticipated by the connection authorized by this Agreement 7 All unpaid connection charges shall constitute a lien against all of the Owner's real property described on Attachment "A- to this Agreement. and in event suit is instituted to collect any delinquent connection charges or installment. 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. 8 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 scription: King,WA Document - Year.Month.Day.DocID 1999.1108.1068 Page: 2 of 5 19991108001068 9. Upon sale of the property. the balance of the principal. plus interest to the closing date of the sale of the property. shall become due and owing. and the District may collect and enforce the amount due and owing in the manner provided by Section 6 of this contract 10 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 11. 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 VAL VUE SEWER DISTRICT. a Municipal Corporation of the State of Washington OWNER: By. BaiA.' GPd ZU4j Date /0-I/-gq ACKNOWLEDGEMENT STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day personally appeared before me..$n,q Frruileel t„ Shets, m,cams.<Jes 'c14,jk, to me known to be the individual(s) described in and w executed the within and foreg ng instrument. and acknowledge that he/she hey signed the same as his/her/ eir free and voluntary act and deed. for the uses and purposes therein mentioned GIVEN under my hand and official C+ober . 19 Clq ,,,,,,,,'� �` MNIS S,U .� .Z A e/6T49r m. 37{ CJc or i Or.,,, seal this �5 ��� utU day of Printed name -I Ipi NOTARY PUBLIC in and for the State of Washington. residing at sSP� 1N�IP Commission expires* J-q-.24 5Z scription: King,WA Document - Year.Month.Day.DocID 1999.1108.1068 Page: 3 of 5 ATTACHMENT "A" AGREEMENT FOR CONNECTION TO THE SEWER DISPOSAL SYSTEM OF VAL VUE SEWER DISTRICT Address: 4813 S 146'" St Tax Lot• 004000-0625 Legal : Lot 6. 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