Loading...
HomeMy WebLinkAboutSHAW, RICHARD I FROM BROUGHTON FAX NO. : 3606924987 Sep. 21 2000 03:59PM P3 +'a04785�a10 Bt?EP'EPITOIV pl.I 8 U71L. fR 000 —5-44 ORIGINAL. Filed for Record at Request op When Recorded Return to: (� � nn �' Natnc: -Y Clark l.� Addrsss: 239 Pottcth Street Bremerton WA 98337 Document Title: Improveme Agreeanem (with bond) Project dame: Short Plat Developer Name: Location: Teue Parcel #: i b Z Lku l — 'Z Abbreviated Legal Description: s w cv�et tai �► � � s w � (� ��� ( C) IMPROVEMENT AG :V1ENT WHEREAS the City of Bremerton requim certam land developments to utclude public and privato improvements inchtdir*, but not limited to gutters, sidewalks, curbs, street lights, street widenbg and stormwater improvements, as a condition for plat, P.0 D, or biul&ng permit; and WHRREAS the undersigned, as owner of real property within the City of Bremerton. described ilk Exhibit 'I and attached hereto by reference herein, (hereinafter 'Premises") has made application for Short Plat which requires installation of an 3 inch water main to the south property line according to proposed Short plat. tmpwerm"s Asreemm, Page 1 FROM BROUGHTON FAX NO. 3606924987 Sep. 21 2000 03:59PM P4 SL d4'r'850:6 ME: tE?7 - W FW 2 UT i L. `ra- F � ` . .: ©' So� 18 100 NOW, '1 ]REPORE, the undersigned owner (hereinafter "Owner' $rtTne'rton (here:inaf3er ``Ci '� and the City of ty )o in consideration of the City's approval of Owner's project and the "t4 cove'Mts set forth Mein, the artles do hereb p y promise and a as follows: 1 B00d. The OWlier shall post with the City Chic a bond or bonds rn an amount equal to one hundred pecceat aid 94 (150 %) of a Contractor's estimated tercet of construction of the improvemeats, described in Exhibit B and as approval by the City Engineer, t11 tht arrwunt o f$ The bond shall pro nde, as a minimum. the following: a The Owner sW complete the project in accordance with good and accepted sngttieen7ng end construction practice b. The Owner shall tally comply with all terms of iris agreement. C. The Owner shall fully comply With 411 requiretments of law in cw out the project, and shall comply with all lawful requirements imposed by any agency with jurisdiction slating to the project. d The bond shall be effective for as least two years atler completion of construction unless Of nwi4voly released sooner by the City, and shall guarantee the completed projects against defects in workmanship and materials Bond amount during guaranteed period shall be twenty percent (20 11 /6) of the project cost. e. The bond must be approved by the City of Bremerton's Risk Manager and may take any of tine following forms 1) One or more surety bonds issued by any surety company lic;erised to do busmen in the State: of Washington 2) A cash deposit in the full bondod wriount deposited with the City Treasurer. 3) An assignment of funds on deposit in a Lceased bank or credit union, in the full bonded amount and releasable only upon order of the City Engu:ecr upon satisfactory perfornmice of this agreieineru imp+aveOuM A Y -E nt Pap 2 FROM BROUGHTON FAX NO. : 3606924987 Sep. 21 2000 04:00PM P5 36U785r3_8 Y EMERTON F'tJ g UT. L, =K' i'04 SEG 1e '00 1 -5,45 2, Constriiedou of Improvement's. Th dc,imibed in Exhibit "B ", as directed b the owne shah constrict the Improvements Ci y� , the City for the cenaznictian of said improvements. unless an alt of submitting the bond to #rive time has been mutually agreed upon. If the Owner fait# to construct said ' roverneazts within the City stlall have the authority to construct cirri tin ro vetntents the trine described above, P .The band sllalI be forfeit to pay the Costs of construction. Costs incurred by the City in excess of the bond shall be amassed against the Owner and filed acid recorded as a heir on the Premises under procedures for a mechanic and materialnian's lip. 3. Covenant. The tmdersigned fttrCher agrees that this Agreett'ieat and the promises made herein shall be binding upon the undersigned and their heirs. suc*essors, and assigns. 4. Standards. Owner agrees to construct said ttaprovcments w compliance with City standards in effect at time of construction. S. Permits. Owner shall obtain a Utilities permit from the City and shall also obtain all other permits required to complete the improvements DATED. 4 7 1 7 7 r STATE OF WASHINGTON} cot,wrY OFD } On this day pmonally appeared before me 7l c f �c� {-, . S h ci c y to me known to be tl•,e individual(s) described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their E ce acid voluntary act and dried, for the uses and purposes therein mentioned GIM under my hand and official seal this day of ��- Q ✓ , 2000 TINA DURHAM -BARS tr,povenotto NOTARY PUBLIC a STATE OF WASHINGTON COMMISSION EXPIRES MAY 15, 2003,' QD FROM BROUGHTON FAX NO. : 3606924987 Sep. 21 2000 04:00PM P6 PlJ 3, UT-L. 52 - P05 SEP 10 '00 15 46 TINA D RHAM -BARS NOTARY PUBLIC I mo , ' L r _ STATE OF WASHINGTON - c COMMISSION EXPIRE N° ' �+�lic In and Apr the S co f MAY 15, 2003 '.S W, residi a t MY appointment expires CITY OF BREMLRTON ACCEPTBD: DIR8GT0 OF P C WORKS & UTYLZTIES w/b�ed Impm m n u eom�t Per 4 FROM BROUGHTON FAX NO. : 3606924967 Sep. 21 2000 04'01PM P7 ic'k73`/9S0g�� ZFEP1EPTDl4 FW & UTI! 921 POG CEP 18 '00 _S 46 EXBIT A I A POR LION OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER, AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SEC 10, TWP 24N, RGE 1E, W M KI TSAAP COUNTY, WASHINGTON I i i 9 SHEET _1 OF SHEETS tee�xovcr�+to Ag�e+nea: Paps 3 FROM . BROUGHTON FAX NO. 3606924987 Sep. 21 2000 04.01PM P8 AX4 r tfW 1 F1 t "PENEPTON PU SIT : L 72- I1Q, Sep VV :S 47 EM-LAIT Approximately 650 lineal feet of 8 inch Class 52 ductile iron water main, one fine hydrant, including all fittings and appurtenances In"ve aeros oaermnt Ps�e e ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS AGREEMENT is for ensuring completion and guarantee of the assignor's construction of 8 inch ductile iron water main extension to Dream Island The undersigned Sound Banking Company, does hereby assign to the City of Bremerton all right, title and interest in funds in the amount of $44,500 00 deposited in account number 0891011116, at the Sound Bank in the name of Richard H Shaw The City is hereby authorized to draw upon the funds in case of the occurrence of any of the following events 1 Failure of the assignor to complete the project in accordance with accepted engineering practice, 2 Failure to comply with the project plans approved by the City Engineer and the Director of Community Development, 3 Any failure to the assignor to comply with requirements imposed by the law or by any governmental agency with jurisdiction, 4 Failure to complete project and obtain final approval from the City before I d . 126, , 20 OZ The City is authorized, in case of the occurrence of one of the described events, to draw upon the account to complete the project, correct any defects discovered, pay required costs and fees, or do any other thing required to bring the project to timely and proper completion The City may, in addition, withdraw funds deposited until an affirmative, written release of the deposit is received from the City Page 1 of 2 deposit is received from the City If the City draws down part but not all of the funds held by the Bank, pursuant to this assignment, any residual funds shall be released to the assignor upon written release by the City, but subject to any lien filed by the City for monies owing the city for any reason EXECUTED, this the 22 " day of September 2000, for the Assignor, owner Richard H Shaw ACCEPTANCE The undersigned warrants that he /she is authorized to execute this assignment of funds for the Bank, that the account has the required the required funds in it, that the Bank accepts this assignment and all the terms contained in it, and the funds will be held until either drawn down by the City in accordance with this assignment, or a release, in writing, is received from the City ACCEPTED, this the 22 " day of September 2000, for the Sound Banking Company v me James V Bisceglia rtle CEO APPROVED, for the CITY OF BREMERTON this the day of 2000 ��� 'J Lynn HORTON, Mayor Received for Filing k DAo ca-- — KATHLEEN L McCluskey, City Clerk A v dAsToFo 1 nna`Malanca City Attorney Page 2 of 2