HomeMy WebLinkAbout001019 Original Contract2015 - 1327752
Page 1 of 2 Agreement
Port Angeles City Of
ClaH am Cou�nyty Washington 11/033/2015 03,01:21 PM
RETURN ADDRESS Mid W1PA11101 �k �i . 11N 1 IV, � �'����JWKIA� 4H R A 11111
City of Port Angeles
Departm
Box entof Public Works and Utilities City of Port Angeles
Port Angeles, WA 98362 Record # 00101 g
AGREEMENT TO REMOVE ENCROACHMENT
within
PUBLIC RIGHT -OF -WAY
WHEREAS: Tine Construction Services, LLC (Tine), the undersigned owner in fee simple of
the following described property:
Lots 19 and 20 of the Block 14, Townsite of Port Angeles
Parcel Number: 0630000014800000
Address: 201 West First Street, Port Angeles, Washington 98362
(Legal description may be corrected if found incorrect)
does hereby acknowledge that ground water monitoring wells will be constructed by Tine within
the adjoining public street or roadway.
NOW, THEREFORE: For adequate consideration, Tine agrees that said ground monitoring
wells and any associated appurtenances installed by Tine with the wells shall be expeditiously
demolished or removed (Work) at its expense within sixty (60) days of receipt of written notice
from the Director of Public Works and Utilities Department (Director) with Work to be done in
accordance with the requirements and conditions deemed necessary by the Director or his
designee at such time as the City finds that it is necessary to modify the right -of -way. If the.
required Work is not done in a timely fashion and /or if the Work does not meet the requirements,.
and conditions set forth herein, the City is authorized to have the Work done and the cost thereof
including reasonable overhead and attorney's fees shall become a civil debt of the property owner
and shall be a lien against the property.
Tine does also hereby agree that the Director may, without notice, in an emergency as reasonably
deemed so by the Director, remove the private improvements as necessary to repair utilities or
other public facilities and that the City has no obligation to reconstruct or replace such private
improvements.
Tine agrees to indemnify, hold harmless and defend the City, its employees, agents and assigns,
from and against all claims or lawsuits as alleging injury or damage to persons or property ,as a
result of the construction and location of the private improvements as provided herein, except to
the extent arising out of or resulting from the sole negligence of the City, its employees, agents
and assigns and /or the negligence of any third party.
It is understood that this agreement shall run with the land and shall be binding on the
undersigned owner, its successors and assigns and all owners now or hereafter of the property
described above.
TINE CONSTRUCTION SERVICES, LLC
(A Washington State Limited Liability Company)
By
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF CLALLAM )
On this date, before me the undersigned Notary Public in and for the State of Washington,
personally appeared Fri C . ; . Di ) akr, who executed the foregoing
Agreement to Remove Encroachment within Public R ght -of -Way, on oath stated that he /she was
authorized to execute the foregoing Agreement, and acknowledged it as Manager of Tine
Construction Services, LLC to be a free and voluntary act of such party for the uses and contents
therein mentioned.
DATED this day of NOVCM
NOTAR PUBLIC for Wash' gton,
idotary PUWIC
State of Washington
MARGARET A MiCWfF
My Commission Expires
June 29, 2019
residing at
My commission expires: ` /C,