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HomeMy WebLinkAboutJACOBSON, BRIAN f 20031110043 Page I f 6313P B J BUILDERS AGMT 422 00 Kitsap Co WA Filed for Record at Request of When Recorded Return to Name City Clerk Address 239 Fourth Street Bremerton, WA 98337 Document Title: - Improvements Agreement without bond Project Name: Jacobson SFR Developer Name: Bnan Jacobson Location: 514 S Constitution Tax Parcel #: 3790 - 004 - 022 -0103 Abbreviated Legal Lot 22, Block 4, Port Orchard, accord to the Plat as Recorded in Vol 1 of Description: Plats, pg(s) 96, records of Kitsap County, WA S Z Z - rZ_ e- 1. IMPROVEMENTS AGREEMENT WHEREAS the City of Bremerton requires certain land developments to include public and private improvements including, but not limited to curbs, gutters, and sidewalks, street lights, street widening and stormwater improvements, as a condition for plat, P U D , or building pernut, approval, 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 a Frontage Improvement Agreement for future frontage improvements according to City of Bremerton Ordinance 4856 Section 11 12 110 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 I I i 1. Local Improvement District Owners, by signing below, grant to the City of Bremerton a Limited Power of Attorney to include this Agreement as Owner's consent to the formation of a Local Improvement District under RCW Ch 35 43 for the construction of improvements on or abutting said property as described in Exhibit `B" encompassing all or part of the property described in Exhibit "A ", as part of any Notice of Petition or Resolution presented to or by the City, for the purpose of performing any of said improvements Owner agrees not to sign any petition to defeat a Local Improvement District formed by the use of this Limited Power of Attorney, except the Owner may protest the special benefit to the Premises This Limited Power of Attorney is irrevocable 2. Construction of Improvements. Upon the City's decision to have the improvements subject to this agreement constructed by the Owner rather than through a Local Improvement District, or the City's inability to form a Local Improvement District, the Owner shall construct those improvements, described in Exhibit `B ", as directed by the City within six (6) months of notification by the City to construct 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 and the costs of construction shall be assessed against the Owner and filed and recorded as a lien on the Premises under procedures for a mechanic and matenalman's hens 3. Covenant. The undersigned further agrees that this Agreement and the promises made herein constitute a covenant running with the land and shall be binding upon the undersigned and their heirs, successors, and assigns, and that this Agreement shall be filed for record in the office of the Kitsap County Auditor 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 200311100 11B11012003£R 3 13F B J BUILDERS AGMT $22 69 Kitsap CO) W OWNER(S) DATED 0 ' Bnan Jacobson STATE OF WASHINGTON) ss COUNTY OF KITSAP ) On this day personally appeared before me 1 A (��, Lj Z to me known to be the individual(s) described in and who executed the within foregoing instrument, and acknowledged that `he*X signed the same as Oker -free and voluntary act and deed, for the uses and purposes therein mentioned "I S GIVEN under my hand and official seal this day of N('_ " PS? , 2003 �`��� •• TAR •• � �' -,, s c Q yy�� • - •�F 20, 2V � Z= �A RIJBI, No ary b is in and fo e tate of -.'9j, • • t i c ''•,�` • * • ... • •��� Was o , residmg at �'' My appo ent expires QZ 0 �Q CITY OF BREMERTON ACCEPTED x o , ,� W EUGENE S , P E DIRECTOR OF PUBLIC WORKS & UTILITIES 200311100439 Page 3 of 4 B J BUILDERS AGMT 122 68 Kitsap wA 13P EXHIBIT A Lot(s) 22, Block 4, Port Orchard, According to the plat recorded in Volume 1 of Plats, Page(s) 96, Records of Kitsap County, Washington, together with that portion of the vacated alley adjoining on the east that will pass by Operation of Law, as described in Ordinance No 4530, Recorded under Auditors File No 9511140134 EXHIBIT B Frontage Improvements to include street lighting, curb, gutter, sidewalk, and associated storm conveyance piping n 037KanissSPimpr doc 20 0311100439 Page 4 of 4 8 J BUILDE RGMT $22 88 Kitsap WR 13P