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AGREEMENT AND CONVEYANCE RECD F 5, s_O
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RE : UTILITIES SYSTEMS 11
THIS AGREEMENT made and entered into this 1 ,5Th day of SF I cM 6E-R ,
by and between the CITY OF RENTON, a municipal corporation acting as a Non-
MCh-arter Code City, under the laws and statutues of the State of Washington,
4-hereinafter referred to as "City" , and KOHL EXCAVATING, INC.
Ohereinafter referred to as 'Developer" ;
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CD WITNESSET H: •
ap WHEREAS "The Developer" is desirous of installing certain water lines and
appurtenances thereto at , near, or within the hereinbelow described property
and to connect same tothe City ' s Utility System so that such improvements will
constitute an integral part thereof; and
WHEREAS no other property owners or users are presently available to share
in the cost and expense of construction of such improvements and the parties
hereto having in mind the provisions and terms of Chapter 261 of the 1959
Sessions Laws , generally referred to as a "Municipal Water and Sewer Facili-
ties Act , (RCW 35 . 91 . 101 et seq) " ; and
WHEREAS "The Developer" is willing to pay all the costs and expenses for
the installation of said improvements ;
NOW THEREFORE , IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE
AFORESAID PARTIES AS FOLLOWS:
1 . The "Developer" hereby acknowledges and covenants that the is the owner
of the following described property, to-wit :
Lots 13 thru 16, Block 30; Lots 9 thru 20, Bolck 35; Lots 7 thru 17, Bolck 36; Lots 12 thru 24,
Block 40; and all of Block 39; all situated in Bryn Mawr Addition as recorded in Volume 5 of
Plats, page 58 records of King County, Washington and portions of vacated streets adjacent.
and the "Developer" hereby agrees and covenants to cause to have installed the
following described improvements , to-wit :
approximately 1900 L.F. of 16" D. I. water pipe, two fire hydrant assemblies and all
appurtenances pertaining to said watermain along Rainier Ave. N. , between N.W. 6th Street
and South 118th Street.
and such installation to be made in full compliance with all applicable codes
and regulations of the City of Renton. The "Developer" further covenants and
warrants that all expenses and claims in connection with the construction and
installation of the aforesaid improvements , whether for labor or materials or
both have been or will be paid in full , all at the "Developer ' s" expense ,
and the "Developer" covenants and agrees to hold- the City of Renton harmless
RDEfrom any liability in connection therewith. RECOTHIS D '
11CT 27 II 03 AP 'Un
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RECORDS & ELECTf41c
NTQT MUNICIPAL BLI3
ki,1RKTON. WASH. 98055
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2 . The "Developer" further certifies that the total estimated cost of
said construction as hereinabove specified will be in the sum of
$100,000.00 . Based on said total amount of cost , $53,7892
the cost per front lineal foot , — - -
tO of said improvement shall be employed to determine the pro rata reimbursement
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0 to the "Developer" by any owner of real estate , who did not contribute to the
Noriginal cost of such improvement , and who subsequently wishes to tap into or
0 hook unto or use said facilities , which tap or hookup shall include connec-
tions to laterals or branches connecting thereto , all subject to the laws and
on
ordinances of the City of Renton and the provisions of this Agreement . It is
hereby further agreed that in the event the total actual cost of the afore-
described improvement shall be different from that set forth hereinabove ,
then this Agreement will be duly amended to set forth the total actual cost
thereof.
3. Itis hereby found and determined that the construction and installation
said aforedescribed improvement is in the public interest and in furtherance
of public health and sanitation.
4 . The "Developer" hereby agrees and covenants to convey, transfers and
assign unto City all right , interest and title in and to said improvements
and all appurtenances and accessories thereto , free from any claim and en-
cumbrance of any party whomsoever ; City agrees to accept and maintain said
improvement as part of its present Utilities Systems upon approval thereof by
the City Engineer and after inspection of said construction. The "Developer"
further agrees and covenants to execute and to deliver unto the City any and
all documents including Quit Claim Deeds and Bills of Sales that may
reasonably be necessary to fully vest title in the City and to effectuate
this conveyance and transfer. The "Developer" further agrees and covenants
to pay unto the City such service or other charges as may be imposed by the
Ordinance of the City of Renton from time to time applicable to like users
of the same class .
S . City reserves the right , without affecting the validity or terms of
this Agreement to make or cause to be made extensions to or additions of
the above improvement and to allow service connections to be made to said
extensions or additions , without liability on the part of the City.
6 . No person, firm or corporation shall be granted a permit or be
authorized to tap into , hookup unto or use any such facilities or exten-
sions thereof during the period of 10 years from date hereof, without
first paying unto the City, in addition to any and all other costs , fees
and charges made or assessed for each tap , hookup or use , or for the water
main facilities constructed in connection therewith, the amount required
by the provisions of this contract . All amounts so received by the City
shall be paid out by it unto The "Developer" under the terms of this
agreement within sixty (60) days after receipt thereof. Furthermore , in
case any tap , hookup or connection is made into any such contracted
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facility, without such payment having been first made , the legislative
body of the City may cause to have removed such unauthorized tap , hookup or
connection, and all connecting (title or pipe) or related accessories located
in the facility of right-of-way, and dispose of such unauthorized material
so removed, without any liability on the part of the City whatever. It is
further agreed and covenanted that upon expiration of the term of this
Agreement , towit : 10 years from date hereof, City shall be under
ono further obligation to collect or make any further sums unto the "Developer".
O
C
N The decision of the City Engineer or his authorized representative in
CD
determining or computing the amount due from any benefited owner who wishes
CD hookup to such improvement , shall be final and conclusive in all re-
spects .
6 . The CITY reserves the right , without affecting the validity or terms
of this AGREEMENT, to make or cause to be made extensions to or additions
of the above said water mains and to allow service connections to be made
to said extensions or additions , without liability on the part of CITY .
7 . It is further agreed and understood that the aforedescribed improve-
ments to be undertaken and paid for by Developer
have been or are about to be connected with the Utilities Systems of the
City, and upon such connection and acceptance by the City through its
legislative body , said extension and/or improvement shall be and become a
part of the municipal utilities systems .
8 . This agreement shall be placed for record with the King County
Auditor' s Office immediately upon execution thereof and all costs of record-
ing shall be the responsibility of the "Developer" .
DATED THIS ,/,—tF.E//y/-/ DAY OF SEPTE M.8E ,19O .
CITY OF RENTON, a Municipal Corporation DEVELOP :
By : V 4) ' Seu.v.-1')oCis- BY : ,--te,AL) a j ..�.
By:
/� Mayor
`7. 7)7_,A.,06 44 ) By ,
City Clerk
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this day personally a peared before me & - E•t.. ?� y'? - ZA,Aar/vre,si," •
known to be ,/,tea ar <'� resplctively, of the municipal
corporation that executed tCwithin and foregoing instrument , and acknowledged
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 that they
were authorized to execute said instrument and that the seal affixed is the
corporate seal of said corporation.
GIVEN under my hand and official seal this day of ( 19r0
Age
Notary Pu.lic in and or t - State o
��, // Washington, residing at-
44
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(�1PIS7%t P), VP•1441 ,`C
SUBSCRIBED AND SWORN TO BEFORE ME
this /S"- day f--- 19,10
Notary Public in nd for e'State
'ooff Washington,
residing at -r--, ��. (/ - -