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Home My WebLink AboutAGAPE UNLIMITED 4, , Filed for Record at Request of When Recorded Return to City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201111150290 Agreement Rec Fee $ 66 00 11/15/2011 02 43 PM Page 1 of 5 Walter Washington, Kitsap Co Auditor 11111111111111 III IIII 1111111111111 IIII IIII 11111 IIIII 1111111 III IIIII II111 II 111111 AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Grinder Pump Service Agreement Reference Number(s) of Documents assigned or released N/A Grantor(s)/ 1 Agape Unlimited Declarant 11 Additional names on page 3 of document Grantee(s) 1 City of Bremerton, a Municipal Corporation ❑ Additional names on page 4 of document Legal Description A portion of the SW '/4 of the NE '/4 of Section 16, Township 24N, Range 1 E, (abbreviated) Willamette Meridian, Kitsap County, Washington ❑ Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 3719- 001- 029 -0506 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this as day of QQAD � e (& , 2011 between the CITY OF BREMERTON, a municipal corporation ( "City ") and AGAPE UNLIMITED ( "Owner ") SECTION 1: RECITALS Page 1 of 5 Gnnderpumpagnnnt -agape 101 The City owns and operates a sewer system in Kitsap County Washington Owner owns that certain real property legally described in Exhibit "A" attached hereto and by this reference incorporated herein ( "Property ") and is in need of sewer service to the Property In addition to compliance with all the City rules and regulations and the payment of all fees and charges for connection to the City's sewer system, the installation of a grinder pump unit upon Owner's Property is necessary to facilitate City sewer service to the property Such grinder pump unit has or will be installed on Owner's Property pursuant to this agreement which shall be owned by the City 102 In consideration of the City's ownership, operation and maintenance of the grinder pump unit on the Property, the Owner agrees to the certain terms and conditions relating to the grinder pump unit as set forth below SECTION 2: TERMS AND CONDITIONS 201 Owner shall provide the City and its employees or authorized agents and representative's continuous access to the gnnder pump unit on the Property suitable for the operation and maintenance of the grinder pump unit which may include lifting, removing and replacing such unit or any part thereof No landscaping, trees or shrubs shall be planted and maintained in the area of the grinder pump unit which would interfere with access thereto nor shall any construction or any other activity be undertaken in the area of the grinder pump unit which would interfere with such access Any landscaping, trees or shrubs on the Property shall be maintained by Owner to provide continuous access to the grinder pump unit Owner shall maintain continuous access to the top of the grinder pump unit and shall maintain the top of such unit with a clearance of at least two inches above the yard subgrade whether such unit is located in a soil, grass, bark or other area upon the Property If such unit is not accessable due to landscaping, trees or shrubbery, parked vehicles located over the unit or any other restriction, the Owner shall be assessed actual costs to the City to obtain access to the grinder pump unit 202 Owner shall provide and pay the cost of power for the grinder pump unit 2 03 Owner shall pay sewer bills from the City which will include a maintenance charge for the grinder pump unit as established by City ordinance Owner shall also pay any assessed costs pursuant to Sections 2 01 and 2 04 which shall be assessed and processed with the sewer bill 204 Owner shall be assessed actual costs of repair, as determined by the City, in the event of damage to the grinder pump unit caused by Owner's, tenant's or resident's activities and/or misuse of such unit Misuse shall be defined by rules and regulations which have or will be adopted by the City and shall include but not be limited to the prohibition of glass, metal, plastic, paint, motor oil, rocks, ceramics and other materials in the grinder pump unit Misuse shall also include unauthorized, use, damage of and/or tampering with City control panels or grinder pump tanks or other activity as may be established by rule or regulation In the event of damage to the grinder pump unit, the City shall determine the cause of such damage and assess Page 2 of 5 Grmderpumpagrmnt -agape c any charges for Owner's, tenants or resident's activities and/or misuse of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion 205 Owner shall indemnify, defend and hold the City harmless and not responsible for damages to Owner or any third party ansmg out of any damage to personal or real property caused by the grinder pump unit for any reason including overflow, power failure, and/or temporary loss of service or from any liability for any personal injury or property damage relating in any way to the grinder pump station including its installation, operation, repair and maintenance, and from any power failure resulting in inoperation of the grinder pump unit for any period of time, except due to the sole negligence of the City Further, Owner hereby releases the City from any damage to trees, shrubs, grass and any other type of landscaping relating to the grinder pump unit and the City will use reasonable care to avoid any such damage 206 Enforcement of this agreement shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any term or condition herein, either to restrain violation or recover damages Failure by the City, or any successor thereto, to enforce any term or condition contained herein shall in no event be deemed a waiver of right to do so thereafter 207 All terms, conditions and provisions herein shall be covenants running with the land described in Exhibit "A" attached hereto and shall be binding upon the parties' successors, heirs and assigns The City shall record this agreement following its signature by the Owner and the City with Kitsap County Office of Records and Elections By Q U ' q0 ( "Owner ") By C ("Owner ") (Notary Acknowledgement on Next Page) Page 3 of 5 Grmderpumpagrmnt -agape STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that — MCt,lr m -, F, �l is the person (s) who appeared before me, and said person (s) acknowledged that , &tfYA. (YN0d`22 - Ei f Id S signed this instrument and acknowledged it to be e-r free and voluntary act for the uses and purposes mentioned in the instrument Dated - � I Z a`�gs10ry T 0VV o YAAppointment Public in and for a State of � a gton, residing at POrf" 6 " q�, V3 IWO Expires 2 p t� l ACCEP �bI��3� � day of Aloy eic�OP, no I I CITY OF BREMERTON By ?�4� Its M r Approved as to form' 6RE TY ATTf) EY By I I i Page 4 of 5 Grmderpumpagrmnt -agape I EXHIBIT "A" BRENTWOOD PARK PARCEL A: THAT PORTION OF LOT 29, BLOCK 1, BRENTWOOD PARK, AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 29; THENCE S19 *03'56 E ALONG STATE ROAD NO. 21 A DISTANCE OF 115 FEET; THENCE EAST, PARALLEL TO THE NORTH LINE OF SAID LOT 29, A DISTANCE OF 150 FEET; THENCE N19 *03'56 W, PARALLEL WITH SAID STATE ROAD NO. 21 TO THE NORTH LINE OF SAID LOT 29; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 29 TO THE POINT OF BEGINNING; EXCEPT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED MAY 8,1942 UNDER AUDITOR'S FILE NO. 359526; TOGETHER WITH THAT PORTION OF VACATED KITSAP WAY AS VACATED UNDER ORDINANCE NO. 3453, AND RECORDED UNDER AUDITOR'S FILE NO. 7811070001, LYING SOUTH OF THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT, EXTENDED WESTERLY; EXCEPT THAT PORITON OF LOT 29, BLOCK 1, BRENTWOOD PARK AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 29; THENCE S19 *03'56 E ALONG STATE HIGHWAY NO. 21, A DISTANCE OF 115 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID LOT 29, A DISTANCE OF 150 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE WEST, PARALLEL TO THE NORTH LINE OF SAID LOT 29, A DISTANCE OF 50 FEET; THENCE NORTHERLY IN A STRAIGHT LINE TO A POINT ON THE NORTH LINE OF SAID LOT 29, WHICH POINT IS NORTH 19 *03'56 W FROM THE TRUE POINT OF BEGINNING; THENCE S19 *03 E TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON. PARCEL B: THAT PORTION OF LOT 29 BLOCK 1 BRENTWOOD PARK AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 29; THENCE S19 *03 E ALONG STATE HIGHWAY NO. 21, A DISTANCE OF 115 FEET OT THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID LOT 29, A DISTANCE OF 60 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 29 AND THE EASTERLY MARGIN OF STATE HIGHWAY NO. 21; THENCE NORTHWESTERLY ALONG SAID EASTERLY MARGIN TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON. i I Page 5 of 5 Grmderpumpagrmnt -agape