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HomeMy WebLinkAboutHOLM, ERIC 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 Holm Short Plat Developer Name Eric Holm Location 6508 Harlow Drive Tax Parcel # 172401 -1 -008 -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 a paved shared access driveway according to SP96 -0004 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 Engineer, in the amount of $ 2, Q oa , The bond shall provide, as a minimum, the following improvements Agreement Page I 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 filed and recorded as a lien on the Premises under procedures for a mechanic and matenalman's liens Improvements Agreement Page 2 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 shall also obtain all other permits required to complete the improvements DATED OWNER ) 3 - l� STATE OF WASHINGTON) COUNTY OF KITSAP ) ss On this day personally appeared before me to me known to be the individual(s) described in and who executed the within foregoing cost and acknowledged that they signed the same as their free and volunt O uses and purposes therein mentioned ary act oy O v0 GI r my hand and official seal this 7-> day of ®T O , �. L , 1996 N PUBLIC f 1212 OF Notary Public in and for t 5tate of Washington, residing at My appointment expires Z �Z CITY OF 13RE N ACCEP D DIRECTOR OF PUBLIC WORKS & UTILITIES 96525 ft Improvemelds Agreement Page 3 TOTAL, PARCEL KI BIT A THAT PORTION OF GOVERNMENT LO 6 ' SECTION 17 COUNTY, RANGE 1 EAST, W.M., IN KITSA0 , TOWNSHIP 24 NORTH, FOLLOWS: WASHINGTON, DESCRIBED AS BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17; 166.50 FEET; THENCE N 89 20' 0411 W _ THENCE S 01 ° 28' 04" W - W - 25 FEET; THENCE CONTINUING S 01- 5 FEET; THENCE S O1° 28' 04" THENCE S 74 13' W - 28 04 W - 153.06 FEET; MARGIN OF COUNTY ROAD 1 THENCE N RTHWEST RL ALONG THE NORTHEASTERLY MARGIN OF COUNTY ROAD, 44.4( FEET; E NORTHEASTERLY STRAIGHT LINE 280 FEET MORE OF LESS TO TTHE THENCE OF BEGINNING A SHORT PLAT LOT nAII THAT PORTION OF GOVERNMENT LO'^ RANGE 1 EAST W.M. 6, SECTION 17, TOWNSHIP FOLLOWS: ' ► IN KITSA� COUNTY, WASHINGTON 24 NORTH, BEGINNING AT A POINT ON THE Nt_� � DESCRIBED AS WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTgTT LOT 6' OF THE NORTHEAST QUARTER OF SECTION 17; Q 11W - 166.50 FEET; THENCE N 89* 20 (: 11 THENCE S 01 ° 28' 04" W W - 25 FEET TO HEREIN DESIGNATED poINT15 FEET; THENCE S 01° 28' 04" 28' 04" W - 153.06 FEET; THENCE S 74° ��X "% THENCE CONTINUING S O1° THE WEST 13' W - 5.25 FEET TO POINT ON MARGIN OF RIGHT -O; -WAY OF LAKEHURST DRIVE 04 FEET TO CONTINUING S 74 13' 00" W - 124• THENCE BEGINNING; THENCE CONTINUING S 74 . THE TRUE POINT OF ON THE NORTHEASTERLY MARGIN OF COUNTY ROAD W 79 FEET TO POINT NORTHWESTERLY ON SAID MARGIN OF ROAD ON AN (HARW DRIVE); THENCE 1165.65 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF HAVING A CENTRAL ANGLE OF 20 RICH BEARS N 44° 56' pOn EAST FEET TO A POINT THAT BSS 0 S 57 11 FOR AN ARC DISTANCE OF 44-40 DESIGNATED POINT " 52° 56 51 W FROM THE ABOVE 51" E S 29 27' 04 " E - 73.50 FEET TO THE TRUE POINT OF - BEGINNING "• X THENCE h 52 56' SHORT PLAT LOT uBU THAT PORTION OF GOVERNMENT LOT 6 RANGE 1 EAST, W.M. SECTION 17, TOWNSHIP 24 NORTH, FOLLOWS: IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6 WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17; 166.50 FEET; THENCE N 89 20' 04" THENCE S O1° 28' 04" W - W - 25 FEET TO HEREIN DESIGNATED poINTlnxFEET; THENCE S 01 28' 04" 28' 04" W - 153.06 FEET; THENCE S 74° 13' W THENCE CONTINUING S O1° THE WEST MARGIN OF RIGHT -OF -WAY OF 5.25 FEET TO POINT ON CONTINUING S 74° 13' W 124.04 FEET TO DRIVE; THENCE BEGINNING; THENCE N 29° 27' 11 THE TRUE POINT OF 56 51 04 W - 73.50 FEET TO A POINT THAT BEARS S 52 ' " W FROM THE ABOVE DESIGNATED POINT N 52 56' 51n E - 78.95 FEET; THENCE S 370 n X "; THENCE THENCE S 34 37' 58" W -93.40 FEET TO 03' 09" E - 43.50 FEET; THE TRUE POINT OF BEGINNING. Improvements Agreement Page 4 SHORT PLAT LOT "C" EXHIBIT A THAT PORTION OF GOVERNMENT WT 6 SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6, WHICH IS REFERRED TO AS NORIHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S 01° 28' 04" W - 166.50 FEET; THENCE N 89 20' 04" W - 15 FEET; THENCE S 01° 28' 04" W - 25 FEET; THENCE CONTINUING S 01 28' 04" W - 153.06 FEET; THENCE S 74 13' W - 5.25 FEET TO POINT ON THE WEST MARGIN OF RIGHT -OF -WAY OF LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF LAKEHURST DRIVE N 00 28' 1' E - 60.00 FEET TO THE TRUE POINT OF BEGINNING: SAID riARGIR .�,F -ROAD- SF -8.7 -? , 8' 16v� T.1 - 76.88 FEET; THENCE N 37* 0: ' 09" W - 26.88 FEET TO A POINT THAT BEARS S 52 56' 51" W FROM THE ABOVE DESIGNATED POINT "X "; THENCE N 52 56' 51" E - 117.42 FEE:' TO A POINT ON THE WEST MARGIN OF SAID LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF ROAD S 00 28' 17" W - 88.59 FEET TO THE TRUE POI_TT OF BEGINNING. SHORT PLAT LOT "D" THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6 WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S 01' 28' 04" W - 166.50 FEET; THENCE N 89 20' 04" W - 15 FEET; THENCE S 01° 28' 04" W - 25 FEET; THENCE CONTINUING S 01 28' 04" W - 153.06 FEET; THENCE S 74 13' W - 5.25 FEET TO POINT ON THE WEST MARGIN OF RIGHT -OF -WAY OF LAKEHURST DRIVE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 74' 13' 00" W - 124.04 FEET; THENCE N 34 37' 58" E - 85.55 FEET; THENCE N 87 18' 16" E - 71.15 FEET TO A POINT ON THE WEST MARGIN OF LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF ROAD S 00 28' 17" W - 40.00 FEET TO THE TRUE POINT OF BEGINNING. TRACT "A" THAT PORTION OF GOVERNMENT LOT 6, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 6, WHICH IS REFERRED TO AS NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17; THENCE S 01 28' 04" W - 166.50 FEET; THENCE N 89 20' 04" W - 15 FEET; THENCE S 01° 28' 04" W - 25 FEET; THENCE CONTINUING S 01 28' 04" W - 153.06 FEET; THENCE S 74 13' W - 5.25 FEET TO POINT ON THE WEST MARGIN OF RIGHT -OF -WAY OF LAKEHURST DRIVE; THENCE ALONG SAID MARGIN OF LAKEHURST DRIVE N 00 28' 17" E - 40.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 00 28' 17" E - 20.00 FEET; THENCE S 87 18' 16" W - 76.88 FEET; THENCE S 37° 03' 09" E - 16.62 FEET; THENCE S 34° 37' 58" W - 7.85 FEET; THENCE N 87° 18' 16" E - 71.15 FEET TO THE TRUE POINT OF BEGINNING. Improvements Agreement Page 5 a ' • EXHIBIT B Approximately 75 lineal feet of roadway The pavement shall 18 feet wide and the pavement section shall consist of 2 in be class `B" asphalt over 4 inches of crushed surfaci o inches of g accordance with the Road Standards. P course in Improvements Agreement Page 6 I ) W / � ashingt ®n M utual East Bremerton 3891 Wheaton Way Telephone 0 ! Finanaal Center PO Box 2188 (360) 479 -4000 Bremerton, WA 98310 -0249 Fax (360) 377 -5912 j To Whom it May Concern: $2,000 has been held in an account opened by Eric Holm on July 30, 1996 according to the instructions on the Improvement Agreement With Bond form. This account, 508- 800322-4, was established at the East Bremerton office of Washington Mutual Bank and funds will be held until the bank receives a notice of release from the City of Bremerton. FJ6-u r Lon K Anchors Assistant Manager 360- 479 -4000