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Home My WebLink AboutPALMER, DONALD Filed for Record at Request of: When Recorded Return to: City Clerk City of Bremerton 345 Sixth Street, Suite 600 20100sii0152 � Bremerton, WA 98337 BREMERTON CITY O6 00 p 1 of 5 '� qgreement Rec Fee $ , 08111/2010 01:51 PM . Wa l lll IIIIII III IIII IIIIIII IIIIII II'I IIII IIIII'IIII IIIIIII III IIII' IIIII IIIII IIII IIII J I IIII _—____�--------`-- —�— AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Grinder Pump Service Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s)/ 1. Donald A. Palmer Declarant: � Additional names on page of document. Grantee(s): 1. City of Bremerton, a Municipal Corporation X� Additional names on page 4 of document. Legal Description: A portion of the NE '/4 of the SE '/4 in Sec. 32, T24N R 1 E., W.M. Kitsap County, (abbreviated) Washington. X� Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-023-2004 GRINDER PUMP SERVICE AGREEMENT " This Agreement is made this � day of �}P�/L , 2010 between the CITY OF BREMERTON, a municipal corporation ("City") and Donald A. Palmer ("Owner"). Page 1 of 5 Grinderpumpagrmnt l SECTION 1: RECITALS � 1.01 The City owns and operates a sewer system in Kitsap County Washington. Owner owns that certain real property legally described in Exhibit "A" attached hereto and by this reference incorporated herein ("Property") and is in need of sewer service to the Property. In ,addition to compliance with all the City rules and regulations and the payment of all fees and charges for connection to the City's sewer system, the installation of a grinder pump unit upon Owner's Property is necessary to facilitate City Sewer service to the property. Such grinder pump unit has or will be installed on Owner's Property pursuant to this agreement which shall be owned by the City. 1.02 In consideration of the City's ownership, operation and maintenance -of the grinder pump unit on the Property, the Owner agrees to the certain terms and conditions relating to the grinder pump unit as set forth below. SECTION 2: TERMS AND CONDITIONS 2.01 Owner shall provide continuous access to the grinder pump unit on the Property suitable for the operation and maintenance of the grinder pump unit which may include lifting, removing and replacing such unit or any part thereof. No landscaping, trees or shrubs shall be planted and maintained in the area of the grinder pump unit which would interfere with access thereto nor shall any construction or any other activity be undertaken in the area of the grinder pump unit which would interfere with such access. Any landscaping, trees or shrubs on the Property shall be maintained by Owner to provide continuous access to the grinder pump unit. , Owner shall maintain continuous access to the top of the grinder pump unit and shall maintain the top of such unit at least two inches above the yard subgrade whether such unit is located in a soil, grass, bark or other area upon the Property. If such unit is not accessable due to landscaping, trees or shrubbery, parked vehicles located over the unit or any other restriction, the Owner shall be accessed actual costs to the City to obtain access to the grinder pump unit 2.02 Owner shall provide and pay the cost of power for the grinder pump unit. 2.03 Owner shall pay sewer bills from the City which will include a maintenance charge for the grinder pump unit as established by City ordinance. 2.04 Owner shall be assessed actual costs of repair, as determined by the City, in the event of damage to the grinder pump unit caused by Owner's activities and/or misuse of such unit. ` Misuse shall be defined by rules and regulations which have or will be adopted by the City and shall include but not be limited to the prohibition of glass, metal, plastic, paint, motor oil, rocks, ceramics and other materials in the grinder pump unit. Misuse shall also include Page2of5 Grinderpumpagrmnt unauthorized, use, damage of andJor tampering with City control panels or grinder pump tanks or other activity as may be established by rule or regulation. In the event of damage to the grinder pump unit, the City shall determine the cause of such damage and assess any charges for misuse of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion. 2.05 Owner shall indemnify, defend and hold the City harmless and not responsible for damages to Owner or any third party arising out of any damage to personal or real property caused by the grinder pump unit for any reason including overflow, power failure, and/or temporary loss of service or from any liability for any personal injury or property damage relating in any way to the grinder pump station including its installation, operation, repair and maintenance, and from any power failure resulting in operation of the grinder pump unit for any period of time, except due to the sole negligence of the City. Further, Owner hereby releases the City from any damage to trees, shrubs, grass and any other type of landscaping relating to the grinder pump unit and the City will use reasonable care to avoid any such damage. 2.06 Enforcement of the above-referenced terms and conditions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any term or condition herein, either to restrain violation or recover damages. Failure by the City, or any successor thereto, to enforce any term or condition contained herein shall in no event be deemed a waiver of right to do so thereafter. 2.07 All terms, conditions and provisions herein shall be covenants running with the land described in Exhibit "A" attached hereto and shall be binding upon the parties successors, heirs and assigns. The City shall record this agreement following its signature by the Owner and the City with Kitsap County Office of Records and Elections. Page 3 of 5 Grinderpumpagrmnt B �'m��;�.�� :��.-��-�-- Donald A. Palmer CITY OF BREMERTON By � . Its �i T G �? � l'f�!i,../�--' STATE OF WASHINGTON ) ) COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Donald A. Palmer, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and _ voluntary act and deed, for the uses and purposes therein mentioned. � � � � ``�� t t m � � u ��ii,,� / - ```��P.�pE BEqr y�9��i� Dated �/ / � / 2 0 � � � �v � y G �y � . 18 �= : � �U�Y 1e.� 2 � - — G , �� p � e �� '�� Notary Public and for the State of �� qTF OF WP Washington, residing at . � ��U��tU�� My A Expires i� 20/ � 1169143_Grinder Pump_Agreement_Palmer 3989_W_Frontage_Road.doc Page 4 of 5 Grinderpumpagrmnt EXHIBIT "A" ' A PORTION OF SECTION 32, TOWNSHIl' 24 N., RANGE 1 E.; WILLAMETTE MERIDIAN , TAX ASSESSOR'S ACCOUNT NUMBER RP ID ADDRESS 322401-4-023-2004 1169143 3989 W. Frontage Road - LEGAL DESCRIPTION THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST HALF OF THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 2; THENCE NORTH 1*45'26 EAST 607.99 FEET TO THE CENTERLINE OF HIGHWAY; THENCE ALONG THE CENTERLINE OF SAID HIGHWAY SOUTH 83*40' EAST 439.11 FEET; THENCE SOUTH 2* 1'36 WEST 572.61 FEET TO THE SOUTH BOUNDARY OF LOT 2; THENCE ALONG SAID SOUTH BOUNDARY NORTH 88*17'22 WEST 435.01 FEET TO THE BEGINNING; EXCEPT 30 FEET ALONG THE NORTH FOR HIGHWAY AND EXCEPT THE WEST 70 FEET. I , Page 5 of 5 Grinderpumpagrmnt