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Home My WebLink AboutCOOK CONSTRUCTION INC Filed for Recoid at Request of When Recorded Retui n to City Cleik City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 BREMERTON CITY OF 201208300348 Agreement Rec Fee $ 65 00 08130/2012 04 34 PM Page 1 of 4 Walter Washington, Kitsap Co Auditor I IIIIIII IIIIII III IIII IIIIIII IIIIII II II I I I IIIII I II III � I I I II II III AUDITORIRECORDER'S INDEXING FORM Document Title(s) 1 Gi inder Pump Set vice Agt eement Reference Number(s) of Documents assigned or released - N/A Grantor(s)l I Cook Consttuction Inc Declarant 11 Additional names on page of document Grantee(s) i City of Biemettoil, a Municipal Cot potation a Additional names on page of document Legal Description LOT 016, SYLVAN WAY MEADOWS, ACCORDING rO THE PLAT (abbieviated) RECORDED IN VOLUME 32 OF PLATS, PAGE(S) 210 -214, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN KITSAP COUNTY, WASHINGTON Additional legal is on page of document Assessor's Property Tax Parcel /Account Number 5565- 000 - 016 -0008 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this 0�ko day of � t Ft , 20 /a between the CITY OF BREMERTON, a municipal corporation ( "City') and Cook Constiuction Inc ( "Owner ") Page I of 4 Gt tnderpumpagrmnt SECTION 1: RECITALS 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 to 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 se4kcr service to the property Such grinder pump unit has of 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 representatives continuous access to the grmdei 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 of 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 of 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 subgiade whether such unit is located in a soil, grass, bark of other area upon the Property If such unit is not accessable due to landscaping, trees of 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 203 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 Page 2 of Gnndupumpagrmni damage to the gtindei pump unit, the City shall determine the cause of such damage and assess any charges for Ownet's, tenant's of tesident's activities and /or misuse of the unit and the cost of repan 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 of any third party arising out of any damage to personal or teal property caused by the grinder pump unit for any teason including overflow, power failure, and /or tempotary loss of service o, fiorn. any liability for any personal injury of property damage relating in any way to the grinder pump station including its installation, operation, repair and maintenance, and from any power failure tesulting in mopeiation of the grinder pump unit for any peiiod of time, except due to the sole negligence of the City Further, Ownet 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 pioceeding at law of in equity against any person of persons violating of attempting to violate any term of condition herein, either to restrain violation of recover damages Failure by the City, of any successor thereto, to enforce any term of condition contained herein shall in no event be deemed a waives of right to do so thereafter 207 All terms, conditions and provisions herein shall be covenants iunnmg with the land descubed 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 Electrons 917 By UP. ( "Owner ") By ( "Owner ") (Notary Acknowledgement on Next Page) Page 3 of 4 Gi inderpumpagrmnt STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know of have satisfactory evidence that \aS is the person (s) who appeated before ine, and said person (s) acknowledged that S signed this instiument and acknowledged it to be fiee and voluntary act foi t es and purposes mentioned in the instiument NN M. O Dated a • • • • •. C� - ; O • �Ir • Z ' otar lic in and foi the State of NA 15 b.� �= Washington, tesidrng a � 0 c� ...... G� M Appointment Ex ties - oF W "W\N Y PP p ACCEPTED THIS 2-, th— day of AU Q L9 T , 20 l y CITY OF BREMERTON By Its /nA /d R \Lega1 \Lega1\Contrac1s \PUBLIC WORKS \Grinder Pump Service ngieemend 5 -14 -09 doe Page 4 of 4 Grmdei pumpagrmnt