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HomeMy WebLinkAboutBURLEY, RON �J - Zq D C OD �0J Filed for Record at Request of When Recorded Return to Name City Clerk Address 239 Fourth Street Bremerton, WA 98337 Document Title: Improvements Agreement (with bond) Project Name: _Burley Short Plat Developer Name: Ron Burley Location: South of Wilson Blvd, East Daniels Court, West of Cottman Avenue Tax Parcel #: 4546- 008 - 004 -0101 Abbreviated Legal Lots 4 through 8, inclusive Lot 13, and the south 8 52 feet of Lot 9, Block 8, Ole Description: Hanson's Navy Yard addn , as per plat recorded m Volume 4 of Plats, Records of Kttsap County, WA (See EXHIBIT A for full Legal Description) IMPROVEMENT AGREEMENT 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 perms, 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 A Short Plat, which requires construction of a paved access turn around at the end of Daniels Court according to SP -99 -0001 Improvements Agreement Page 1 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 Clerk 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 $990 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 of Bremerton's Risk Manager 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 Improvements Agreement Page 2 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 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 OWNER(S) DATED y I � 9 B� .�,�ioN spy Q•�o�' 9 �y,• N0TAR PUBLIC► STATE OF WASHINGTON) • 2.2 _01b ) ss glFOF.WAs� COUNTY OF KITSAP On this day personally appeared before me LE , to me known to be the individual(s) described in and who executed the within oregoing 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 � �y of , 1999 Notary Public in and for the State of Washington, residing at 'Zr,& Q t,Q C6 My appointment expires a -ate 03 CITY OF BREMERTON I ACCEPTED 11 11 BSIR2CT6 OFAMIC WORKS & UTILITIES w/bond Improvements Agreement Page 3 I i I J � I { J EXHIBIT A ORIGLNAL PARCEL LEGAL DESCRLMON LOTS - 7HROLGR 3 INCLUSIVE LOT 0 A.ND -HE SOL i _i 3 FEET OF LOT 9 BLOCK 3 OLE - T.ANSON S `+AV - C CARD kDDfi'i0N �S DER PLAT RECORDED N VOLLti(E 4 OF PLATS P AGE :o RECORDS OF <I:S,2 COL NTY, WASHINGTON, E' {CE ?T THE WEST 96 reET TrMREOF A O E CCE ?T THE E AS — MI RLY 10 FE FOR ROOSEVELT BOULE , ARD -\ COT T bLA�,N AVENUE TOGc HER WTi H 4J3= INTEREST IN AN ACCESS -'u`+M 1,7M r( TRACT kS PER AUDITOR S FILE NO 31 ,'.ND TOGETHE W17ri ALN ACCESS A.ND LTILrTY E ASSvENT AS PER AUDITOR'S FU- NO 31 AND TOGETHER `M171H A.N EASEMENT AS PER AUDITOR'S FILE NO 9701 =0103 LOT A LOTS 1 iHROLCH 3, NCLLSLV E LOT 13, AND T'rM SOU - LH 3 :L F= =T OF LOT 9 BLOC{ 3 OLE HANSON S NAVY YARD ADDITION, AS PER PLAT RECORDED N VOLL',YE 4 OF MATS, PAGE 56, RECORDS OF KIISAP COUNTY W ASzM ICTON EZCE ?T THE WEST o6 .E T TzMREOF A.ND E'CCE ?T THE E ASTERLY 10 F'E' FOR ROOSE VE:.T BOULEVARD A.ND CO AVENUE, AND E CCE?T THE NORTH 2 FE= i THEREOF, TOCE ::iER Wiirl 1/3= NTERREST UN AN ACCESS AND =iLITY TRACT AS P °_R AUDITOR'S F:LE YO 31 AND TOLE T HER WITH AN ACCESS AND L71LITY E ASEYfEV T AS 7 Q_R ALD1?OR S FL=- NO 3115581, AND TOGE WTj AN EASEMENT AS PER AUDITOR'S FILE NO 97011.0 f 03 AND SUBJECT TO AND TO=E—HER WITH AN ACCESS A.ND UMITY E4SEI,MNT OVER, UNDER AND ACROSS THOSE PORTIONS AS DEPICTED ON THE 5FORT PLAT vLkP LOT B TIC SOUTH 65 FEE =-- OF THE NORTH = FEET OF THE FOLLOWING DESCRIBE) PARCEL LOTS 4 THROUGH 8, NCLLSTVE, LOT 13, AND THE SOUTH 3 5Z FEET OF LOT 9 BLOCK 3, OLE ciA.NSON'S NAVY YARD ADDITION, 43 PER PLAT RECORDED N VOLUME 4 OF PLATS P 4GE 56, RECORDS OF KTTSAP COUNTY, WASHINGTON, E' {CE?T TIC WEST 96 FEE THEREOF, AND E tCE?T THE EAST 10 FE T FOR CO iT - VL4.N AVENUE TOGc rM? '41TH l /3: NT'cRF_ST IN A.N ACC: SS A.YD U7M.iY TRACT AS PER AUDITOR S F.LE NO 311558 AND TOGETHER WITH A.N ACCESS AND LTII.ITY EASE.IVMNT AS PER AUDITOR S FC.E NO 31 A.ND TOGE7 -. WIT:? -UN E.ASEN/04 i AS PER ALDITOR S FME NO 97011 AND SL'BlE� LL TO AND TOGETHMR ` I TH AN ACCESS AND UTILITY E ASEb�fT OVER Li`+TDER AND ACROSS T.iOSE PORTIONS AS DE ?iCTED ON THE SHORT PLAT VL%P EN=IT A Continued LOT C THE SOLTIi - 0 FEET OF THE NORTH 160 FEET OF LHE FOL - OWING DESCRIBED PARCEL LOTS 1 TraOLGH 3 NCLLSIVE LOT 13 AND LHE SOUTH 3 5: FE OF LOT 9 BLOC{ 3 OLE - TIISON'S VgVY YARD - kDDITION �kS PER PLAT RECORDED N VOLUME 1 OF PLATS, P AGE 5o RECORDS OF ZITSAP CO1,NI"r, W- kSHNGTON E {CE ?T THE WEST 96 FEE" THEREOF, AND E'CCE?T THE E AST 10 FEE FOR COT'I'VLAN A'jFXL 7E , TOLE i rs�R WITH I132 INCE.REST N -jLN kCCSS AND L T7( TR ACT �S PER AUD(TOR S FU-E NO 3145582, AND TOGETHER WI t d Air! ,ACCESS AND LTU ITY EASZ viE;vT AS P5Z AUDITOR'S FILE NO 3145581, AND TOGETHER WIjH AN E aSEY[EN'T AS P—Eik ALMrTOR'S cZE NO 9701140103 AND SUBIECT TO AND TOLE TIz1ER WITH AN ACCESS AND LTMr7f EASEMENT OVER UNDER AND ,ACROSS THOSE PORTIONS AS DEPICTED ON T-M SHORT PLAT Vt.4- LOT D THE NORTH 90 F ET OF THE FOLLOWNG DESCMED P qRCZT LOTS L THROLMH 3, NCLUS7fF- LOT 13, AND TrM SOUTH 3 52 FEET OF LOT 9 BLOC{ 3, OLE FirAINSON'S NAVY YARD ADOCIiON, aS PER PLAT RECORDED N VOLLIV(E 4 OF PL ATS, PAGE 56, RECORDS OF KITSAP COLN T f, WASHINGTON EXCEPT THE WEST 96 FEE THEREOF AND E'CC! ?T TH BAST 10 FEE i FOR COT VAIN kVEVUE TO=r IHER WMH 113_ NT'"ZEST N AN ,ACCESS AND UTILITY TRACT AS PER AUDITOR S M.2 3145582 AND TOGS - 11MR, WITH AiN ACCESS AND UTII.IT'f EASEV4.NT AS PER AUDiTOR'S FILE NO 3145581 AND TOGETHER WITH AN E.ASEYItiNT AS PER AUDITOR'S 'J NO 9 %01140103, AND SLBIEC"7 TO AND TOGETHER WITH AN ACCESS .A,ND UTMrTY EASE vM - OVER UNDER AND ACROSS THOSE 3 ORTIONS AS DE?ICTED ON THE SHORT PLAT VLV AND SUBJECT TO A STORM DRAIN EaSEV(E`1T OVER UNDER AND ACROSS THE NORTH _5 FEET THEREOF I I i I I 1 f I I I I i I I I EXHIBIT B Approximately 550 SF of asphalt paving to provide a hammerhead turnaround at the end of Daniels Court. Improvements Agreement Page 6