HomeMy WebLinkAboutBRIGGS, DENNIS � J
Filed for Record at Request of
When Recorded Return to
Name City Clerk
Address 239 Fourth Street
Bremerton, WA 98337
IMPROVEMENTS AGREEMENT
WITH BOND
Project Name Briggs Short Plat
Developer Name Dennis Briggs
Location Between Eastlake Dr & Harlow Dr
Tax Parcel # 172401 -1- 032 -2008
WHEREAS the City of Bremerton requires certain land developments to include
public and private improvements including, but not limited to gutters, sidewalks, curbs,
street lights, street widening and stormwater improvements, as a condition for plat,
P U D , or building permit, and
WHEREAS the undersigned, as owner of real property within the City of
Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter
"Premises ") has made application for Short Plat which requires construction of an 18 foot
wide shared access driveway according to SP #96 -0010
NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City
of Bremerton (hereinafter "City "), in consideration of the City's approval of Owner's
project and the mutual covenants set forth herein, the parties do hereby promise and agree
as follows
1. Bond. The Owner shall post with the City Treasurer a bond or bonds in an
amount equal to one hundred percent and fifty (150 %) of a Contractor's estimated cost of
construction of the improvements, described in Exhibit B and as approved by the City
Bnggs Short Plat
Improvements Agreement/w bond
7/17/96
Page 1
Engineer, in the amount of $2,570 00. The bond shall provide, as a minimum, the
following
a The Owner shall complete the project in accordance with good and
accepted engineering and construction practice
b The Owner shall fully comply with all terms of this agreement
c The Owner shall fully comply with all requirements of law in carrying out
the project, and shall comply with all lawful requirements imposed by any agency
with jurisdiction relating to the project
d The bond shall be effective for at least two years after completion of
construction unless affirmatively 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 %) of the project
cost
e The bond must be approved by the City Attorney and may take any of the
following forms
1) One or more surety bonds issued by any surety company licensed to
do business in the State of Washington
2) A cash deposit in the full bonded amount deposited with the City
Treasurer
3) An assignment of funds on deposit in a licensed bank or credit
union, in the full bonded amount and releasable only upon order of the City
Engineer upon satisfactory performance of this agreement
2. Construction of Improvements. The Owner shall construct the
improvements, described in Exhibit `B ", as directed by the City within two (2) years of
submitting the bond to the City for the construction of said improvements, unless an
alternative time has been mutually agreed upon If the Owner fails to construct said
improvements within the time described above, the City shall have the authority to
construct said improvements The bond shall be forfeit to pay the costs of construction
Costs incurred by the City in excess of the bond shall be assessed against the Owner and
Bnggs Short Plat
Improvements Agreement/w bond
7/23/96
Page 2
J; ` r
filed and recorded as a lien on the Premises under procedures for a mechanic and
matenalman's liens
3. Covenant. The undersigned further agrees that this Agreement and the
promises made herein shall be binding upon the undersigned and their heirs, successors,
and assigns
4. Standards. Owner agrees to construct said improvements in compliance
with City standards in effect at time of construction
5. Permits. Owner shall obtain a Right -of -Way permit from the City for all
work performed within the City Right -of -Way Owner a Iso obtain all other permits
required to complete the improvements
O S)
DATED ��,��
STATE OF WASHINGTON)
ss
COUNTY OF KITSAP )
On this day personally appeared before me OP— ,,,, ` 4
to me known to be the individual(s) described in and who executed the v foregoing
instrument, and acknowledged that they signed the same as their free and voluntary act
and deed, for the uses and purposes therein mentioned
GIVEN under my hand and official seal this 1 r4 - day of s Lk 1996
GERALD P THORNBURGH
NOTARY PUBLIC - WASHINGTON Notary Public in and for the State of
My Commission Expires12 -16 -96 Washington, residing at
My appointment expires ►2. ! t'o - C� 6
CITY OF BRE RTON
ACCE TED
DIRECTOR 6F PUBL ORKS & UTILITIES
Bnggs Short Plat
Improvements Agreement/w bond
7/17/96
Page 3
TRACT "A"
EXHIBIT A
A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1
EAST OF THE N,'.M., IN KITSAP COUNTY, WASHINGTON, DESCRI13LD AS FOLLOWS:
BEGINNING Kr THE NORTHEAST CORNER OF THAT CERTAIN FARCEL OF LAND
SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY
LINE ADJUSU RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO.
9606050073; THENCE SOUTH 25 °50'21" EAST ALONG THE EAST LINE OF SAID
PARCEL "B" 21.84 FEET; THENCE LEAVING SAID EAST LINE SOUTH 40 °28'31" WEST
59.58 FEET; THENCE NORTH 89 °35'18" WEST 26.13 FEET; THENCE NORTH 40 °28'31"
EAST 85.17 FEPT TO THE POINT OF BEGINNING.
CONTAINING t j.03 ACRES, MORE OR LESS.
LOT 1
A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1
EAST OF THE NV.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY
LINE ADJUSTMENT RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO.
9606050073; THENCE NORTH 89 WEST ALONG THE SOUTH LINE OF SAID
PARCEL "B" 93.25 FEET, THENCE LEAVING SAID SOUTH LINE NORTH 00 0 24'42"
EAST 65.72 FEET, THENCE NORTH 40 0 28'31" EAST 59.58 FEET TO THE EAST LINE OF
SAID PARCEL "B" ALSO BEING A POINT ON THE WEST RIGHT -OF -WAY MARGIN OF
HARLOW DRIVE; THENCE SOUTH 25 0 50'21" EAST ALONG SAID MARGIN 124.12
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.14 ACRES, MORE OR LESS.
Bnggs Short Plat
Improvements Agreement/w pond
7117196
Page 4
M j
LOT 2
EXHIBIT A (cono
A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1
EAST OF THE W.M., IN KTTSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND
SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY
LINE ADJUSTMENT RECORDED UNDER MSAP COUNTY AUDITOR'S FILE NO.
9606050073; THENCE NORTH 89 °22'18" WEST ALONG THE NORTH LINE OF SAID
PARCEL "B" 140.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "B ";
THENCE SOUTH 00 °3752" WEST ALONG THE `.'VEST LD -JfE OF SAID PARCEL "B" 65.72
FEET; THENCE SOUTH 89'35'18" EAST 85.43 FEET; THENCE NORTH 40 0 28.31" EAST
85.47 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.16 ACRES, MORE OR LESS.
L01 3
A PORTION OF GOVERNMENT LOT 5, SEC'1 17, TOWNSHIP 24 NORTH, RANGE 1
EAST OF THE W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY
LINE ADJUSTMENT RECORDED UNDER KPTSAP COUNTY AUDITOR'S FILE NO.
9606050073; THENCE NORTH 00 0 24'42" EAST ALONG THE WEST LINE OF SAID
PARCEL `B" 65.72 FEET; THENCE LEAVING SAID WEST LINE SOUTH 8935'18" EAST
93.25 FEET; THENCE SOUTH 00 0 24'42" WEST 65.72 FEET TO THE SOUTH LINE OF
SAID PARCEL `B'; THENCE NORTH 89 °35'18" WEST ALONG SAID SOUTH LINE 93.25
FEET TO THE POINT OF BEGINNING.
CONTAINING 0.14 ACRES, MORE OR LESS.
Briggs Short Plat
Improvements Agrecment/w bond
7/17/96
Page 5
f . y�
EXiII B1B
80 lineal feet of 18 foot wide shared access driveway The
driveway shall be constructed in accordance with the Road
Standards. The pavement section shall consist of 2 inches of class
"B" asphalt over 4 inches of crushed surfacing top course
96503
Briggs Short Plat
Improvements Agreement/w bond
7/17/96
Page 6
rfl p O g al Page No of Pages
nw ACE PAVING CO. INC.
Asphalt Paving Crushed - Rock Grading = - -
P.O. Box 4100 • Bremerton,. WA 98312
Fax 478 -6018 479 -4200 ,•" ,
Poulsbo 779 -4994 Bainbridge 842 -4368
ACEPA "275K5
PROPOSAL SUBMITTED TO PHONE .��f . ,a %a :r ` -.+ 5 , , DATE
B.J. Builders 3730775 ;.' 07 -19-96
STREET JOB NAME a
P.O. Box 2274
CITY, STATE AND ZIP CODE JOB LOCATION 's. :.f a t' t'
Bremerton, Wa 98310 Briggs Short Plat
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications anj estimates for _ - ,�< r ts , a M <�,' �} ° , _
Preliminary Estimate Only:
Fine grade area to bi paved. Furnish and place soil sterilant,, 2" crushed rock and Pave
with 2" asphalt.
We 19ropDfe hereby to furnish material and labor — complete In accordance with above specifications, for the sum of
One Thousand Six Hundred PIinety Five Dollars --- lus tax do (_$ 1, 695.00 + tax )
Payment to be made as follows
Payment in full upon completion
This labor and material is ordered by me, for which 1 have authority to order I agree to pay cash when work is
completed or on terms satisfactory to you If account is not paid in full upon completion, finance charges start to
accrue within five (5) days I further understand that a lien may be asserted against my property for the value of all
materials, supplies, and equipment furnished by Ace Paving Co , Inc for use thereon This notice is added solely
in order to conform to the requirements of state law Seller shall not be liable for delays caused by strikes,
weather conditions, delay in obtaining materials or other causes beyond its control Authorize
A finance charge of 1 per month, which is an ANNUAL PERCENTAGE RATE of 18 %, on past due accounts Slgnatur
In case of default on this account or any portion thereof, l promise to pay additional reasonable collectors' costs
and/or attomeys' fees I authorize you to check my credit Note This proposal may be
withdrawn by us If not accepted wrthm days
All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to
standard practices Any alteration or deviation for above specifications involving extra costs will be executed only
upon written orders and will become an extra charge over and above the estimate Owner to carry fire, tornado
and other necessary Insurance Our workers are fully covered by Workmen's Compensation Insurance
PLEASE SIGN AND RETURN WHITE COPY TO ADDRESS I D ABOVE
01 arptatirr of P rupu$al — The above prices specifications Signature -n
and conditions are satisfactory and are hereby accepted You are authorized to do
the work as specified Payment will be made as outlined above
Date of Acceptance Signature
UOC The Ohio Casualty Insurance Company
H&MV901,
SUBDIVISION BOND
BOND NO 3340117
KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned
` as Principal
(hereinafter called Principol) and THE OHIO CASUALTY INSURANCE COMPANY at Surety (hereinafter called
Surety) are hold and firmly bound unto r, kM of
(hereinafter called Obligee) In the penal sum of TW Thousand, Seven HuUdred Fort Four
($2 , 744.00 ) Dollars, for the payment of which well and truly to be made, we hereby jointly and sever-
ally bind ourselves, our heirs, executors, administrators, successors and assigns
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT
WHEREAS, the principal has presented for the approval of the Obligee a plotof o subdivision of lots and lands ,
to be known as
Pl
WHEREAS, before said plot can be given final approval, it is required under the ordinances or regulations of
said Obliges that the following improvements
Road Imoroyemenf — --
shall have been completed or that, in lieu of such completion, the subdivider shall furnish to the Obligee a bond
guaranteeing that such improvements will be completed in accordance with the applicable specifications and with-
in the period of time allowed,
NOW, THEREFORE, if said principal shall fully and faithfully perform all of the work specified to be done
within the time prescribed and in accordance with the plans and specifications therefor, to which reference is
hereby made,the same being a part Hereof as thou fully incorporated herein, then this obligation shall be void,
otherwise t rema in full face and •fact.
�Sf
,SEALED 22nd DAY OP .19 0r,
Wit- s A r n acobson —Owner
OHIO CASUALTY I SURANCE COMPANY
BY
Witness Attorney- in•fact
John F. Criss
; -4404
`�' ' > • CERTIFIED COPY OF POWER OF ATTORNEY
Tim WHO CASUALTY INSURANCE COMPANY
HOME OFFICE, HAWLTON. OHIO
No. 28 -889
�inofv 111 Men bg th ese resents That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance
of iuthonty grinttd by Article VI, SLLtion 7 of th, By -Laws of tied Company, does htrtby nommatt, constitute and appoint
James A. Thomas or John F. Criss or Karen D. Ilaley - - „ Gig Harbor, Washington - -
its a u(. and Iiwlul i ;tnt and attornty in -fact, to nnakC, LXCLUR, ual ind dlllver for ind on ns bthall is %drily, ind is
its act and dud any and all BONDS, UNDLRTAKINGS, and RLCOGNI7ANCLS, not cxcttding in any single instant(
FIVE MILLION — — — — — — — — — — — — — - — — — — — — — — (g 5,000,000.00 Dollars,
excluding, however, any bond(s) or undertaking(s) guaranteeing the Fayment of notCS and interest thereon
And thL LxeLUtion of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected offictrs of the Company at its office in Hamilton, Ohio, in their own proper persons
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s) -in -fact
r�11 LNG In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty
Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
i�
SEAL said The Ohio Casualty Insurance Company this 27th day of October 19 92.
1�
r � r
� iift
STATE OF OHIO, tstant Secretary
COUNTY OF BUTLER } SS
On this 27th day of October A D 19 92 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Lloyd E Glary, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the
individual and officer described in, and who executed th,- preceding instrument, and he acknowledged the execution
of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corpoi ate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to tht said instrument by the authority and direction of the said
Corporation
�giarrp IN TESTIM014Y WHEREOF, I have hereunto set m hand and affixed my Official
tt4� Seal at the City of Hamilton, State of Ohio, t and year first above written
3 Notary Pub is in nt of Butler, U State C ot Ohio
My Commission expires ecember 26, 1996.
This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read
"ARTICLE VI"
Section 7 Appointmutt of Attornty to 1 tit, tt Iht Chairman of the board, the presidcnt, any vies - president, the
stuuu) or tiny issistint sttrttiry shall be - ind is htrtby vtsitd with lull power end authority to appoint atiointysmfut
lot tilt putpost of signing the mine of the ( ompany as surtty to, and to CxttutC, attnth the Corporate sell, aLknowlCdge
and dthver uty ind all bonds, rtu>gnizanLts, stipulations, undertakings or other instruments of surttyship and pofiues of
insuranu to bt given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or stale, or any offLial board or boards of County or state, or the United States of AmerlLa, or to any other political sub-
division
This instrununt is signed and scaled by faesimde as authonztd by the following Resolution adopted by the directors of the
Company on May 27, 1970
`RLSOI VI 1) that th, signaturt of any offiCtr of the Company authoriLLd by Article VI Section 7 of the by laws to appoint
attorneys in fit, the signaturL of the Secretary or any Assistant Secretary Certifying to the correctness of any copy of a
power of attornty and the seal of the Company may be affixed by fa, imdt to any power of attorney or copy thereof issued
on 6(1-11( of tilt Company Such signatures and %Lal arc hutby idopted by the Company as ongmil signatures and stil,
to bt v ilid ind binding upon the ( ompany with thL same force and fftLt as though manually affixed "
CERTI FICATL
I, the undersigned Assistant Secretary of ThL Ohio Casualty Insurance Company, do hereby certify that the foregoing power
of attorney, ArtiLli. VI Section 7 of the by -laws of the Company and the above Resolution of its Board of Directors are true
and LorrL(.t Lopies and art in full force and effect on this date
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 22nd day of JU11t D, 19 96
11 LN
SEAL 1
•
i7lte Assistant Secretary
S 4300 D 6 901Single Copy)