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Home My WebLink AboutTULLOCH, BRENT & KAMI Filed for Record at Request of When Recorded Return to. City Clerk City of Bremerton 345 Sixth Street, Suite 600 BREMERTON CITY OF 201202210068 Bremerton, WA 98337 Agreement R0 Fee $ 66 00 02!21!2012 08 8 47 AM Page 1 of 5 � Walter Washington K IIII itsap V Co Rudit0r i IIIIIII IIIIII III IIII IIIIIII IIII IIII VIII III IIIIIII III VIII (IIII IIlI IIII 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 Tulloch, Brent and Kami Declarant 11 Additional names on page 3 of document Grantee(s) 1 City of Bremerton, a Municipal Corporation El Additional names on page 4 of document Legal Description A Portion of the SE '/< of the SW '/< of Section 28, Township 24N, Range IE, W M (abbreviated) Kitsap County, Washington 11 Additional legal is on page 5 of document Assessor's Property Tax Parcel /Account Number 4640 - 002 - 011 -0100 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this 9th day of January, 2012 between the CITY OF BREMERTON, a municipal corporation ( "City") and Sinclair View, Inc. ( "Owner ") SECTION 1: RECITALS Page 1 of 5 4640 - 002 - 011 -0100 1.01 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 continuous access to the grinder 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 at least two inches above the yard sub grade whether such unit is located in a soil, grass, bark or other area upon the Property If such unit is not accessible due to landscaping, trees or shrubbery, parked vehicles located over the unit or any other restriction, the Owner shall be accessed actual costs to the City to obtain access to the gander 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 204 Owner shall be assessed actual costs of repair, as determined by the City, in the event of damage to the gander pump unit caused by Owner'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 Page 2 of 5 4640 - 002 - 011 -0100 pump unit, the City shall determine the cause of such damage and assess any charges for misuse of the unit and the cost of repair or replacement associated or relating thereto in its sole judgment and discretion. 2.05 Owner shall indemnify, defend and hold the City harmless and not responsible for damages to Owner or any third party ansing out of any damage to personal or real property caused by the gnnder 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 gnnder pump station including its installation, operation, repair and maintenance, and from any power failure resulting in operation of the gnnder pump unit for any penod 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 gnnder pump unit and the City will use reasonable care to avoid any such damage 206 Enforcement of the above - referenced terms and conditions 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 nght to do so thereafter 207 All terms, conditions and provisions herein shall be covenants running with the land descnbed 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 ►S ��°'" ^" ( "Owner") By % (Owner,) Page 3 of 5 4640- 002 -011 -0100 CITY OF BREMERTON Approved as tn form y G% BREMER ATT NEY B By Its �/Z_ STATE OF WASHINGTON ) COUNTY OF KITSAP ) AAR- I certify that I know or have satisfactory evidence that / �ru ha - person (s) who appeared before me, and said person (s) ackno led ed that signed this instrument and acknowledged it to be W .c free and voluntary act for the uses and purposes mentioned in the instrument Dated ION .y ) Notary Publi/esiding and for the State f Washington, at � 6 ,My Appointment Expires ; - a a613 Page 4 of 5 4640 - 002 -011 -0100 EXHIBIT "A" RESULTANT PARCEL 6 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 200912240020, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 2, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 5, SECTION 28, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE SOUTH 89 *13'24" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 28 A DISTANCE OF 1323.09 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 5, AS SHOWN ON SUBDIVISION OF SAID SECTION 28 BY KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS, DATED AUGUST 1,1994; THENCE NORTH 0 *29'45" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 635.18 FEET; THENCE NORTH 44 *40'35" EAST 154.74 FEET; THENCE NORTH 65 *48'50" EAST 73.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 65 *48'50" EAST 45.04 FEET; THENCE SOUTH 21 *52'23" EAST 155.22 FEET TO THE NORTHERLY RIGHT -OF -WAY MARGIN OF SHERMAN BOULEVARD, BEING A POINT ON A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 430.85 FEET FROM WHICH THE RADIUS POINT OF SAID CURVE BEARS SOUTH 30 *37'07" EAST; THENCE SOUTHWESTERLY (COUNTERCLOCKWISE) ALONG SAID RIGHT- OF-WAY MARGIN AND ALONG SAID CURVE AN ARC DISTANCE OF 45.99 FEET THROUGH A CENTRAL ANGLE OF 6 *06'59 ", THENCE NORTH 21 *52'23" WEST 162.81 FEET TO THE TRUE POINT OF BEGINNING. Page 5 of 5 4640 - 002 -011 -0100