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HomeMy WebLinkAboutL A WILLIAMS CONSTRUCTION (2) w r t { 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 201212170579 , Agreement Rec Fee $ 39 00 Page 1 of 8 12/17/2012 03 58 PM Walter Washington, KitsaP Co Auditor � IIIIIiIIIIIIII 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)l 1 1 L A Williams Construction Declarant ❑ Additional names on page of document Grantee(s) 1 City of Bremerton, a Municipal Corporation ❑ Additional names on page of document Legal Descnphon Government Lot 5, S E '/4, S W '/4, Sec 28, Township 24 N, Range 1, (abbreviated) W M, Kitsap County 11 Additional legal is on page 5 -8 of document 4640 -002- 005 -0108 4640 -002- 001 -0508 4640 -003- 001 -0308 4640- 003 -008 -0202 4640- 003 - 015 -0302 4640 -003- 007 -0203 4640- 003 - 016 -0301 4640 -003- 006 -0204 4640- 003 - 017 -0201 4640- 003 - 005 -0205 4640 -007- 001 -0002 4640 -003- 004 -0206 4640 -003- 004 -0305 4640- 003 - 003 -0405 4640- 003 - 002 -0406 4640 -003- 002 -0307 4640 -003- 001 -0407 Page 1 of 8 Gnnderpumpagrmnt GRINDER PUMP SERVICE AGREEMENT This Agreement is made this day of �9 ,m�g , 20� between the CITY OF BREMERTON, a municipal corporation ( "City ") and L A Williams Construction ( "Owner ") 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 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 representatives 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 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 2 02 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 Page 2 of 8 Gnnderpumpagrmnt 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 any charges for Owner's, tenant's 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 arising 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 cooperation 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 2 06 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 2 07 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 part ' successors, heirs and assigns The City shall record this agreement following its signatur t e Owner and the City with Kitsap County Office of Records and Elections B ( "Owner") ( "Owner " ) (Notary Acknowledgement on Next Page) Page 3 of 8 Gnnderpumpagrmnt STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that S is the p� erson (s) who appeared before me, and said person �) acknowl dged that signed this instrument and acknowledged it to beN free and voluntary act for the uses and purposes mentioned in the instrument Dated \��. J,M SSiOp F + per � 6 �P i v ii ND .0 u lic in and f the t to of •. UB L I C Z Washington, residing at My Appointment Expires Qk 0 1 0 ACCEPTED THIS �day of on!�- CITY OF BREMERTON By Its R \Legal\Lcgal \Contracts\PUBLIC WORKS \Gander Pump Service Agreement) 5 -14-09 doc Page 4 of 8 Gnnderpumpagrmnt EXHIBIT "A" SHERMAN HEIGHTS RESULTANT "PARCEL 1, BLOCK 2" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOTS, BLOCK 2, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON. SHERMAN HEIGHTS RESULTANT "PARCEL 10, BLOCK 2" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 1, BLOCK 2, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON. SHERMAN HEIGHTS RESULTANT "PARCEL 1, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 8, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 2, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 7, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 3, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 6, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON. Page 5 of 8 Gnnderpumpagrmnt SHERMAN HEIGHTS RESULTANT "PARCEL 4, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 5, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON. SHERMAN HEIGHTS RESULTANT "PARCEL 5, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 4, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 10, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 4, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 11, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 3, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 12, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 2, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 13, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201201110108, IN VOLUME 76 OF Page 6 of 8 Gnnderpumpagrmnt SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 2, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON. SHERMAN HEIGHTS RESULTANT "PARCEL 14, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 1, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 15, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 1, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 16, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A -- - PORTION - OF LOT 15, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON. SHERMAN HEIGHTS RESULTANT "PARCEL 17, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF LOT 16, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS RESULTANT "PARCEL 18, BLOCK 3" OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 201201110107, AS DELINEATED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201201110108, IN VOLUME 76 OF SURVEYS, PAGE 99, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A Page 7 of 8 Gnnderpumpagnnnt f PORTION OF LOT 17, BLOCK 3, PLAT OF SHERMAN HEIGHTS, AS RECORDED IN VOLUME 6 OF PLATS, PAGE 36, RECORDS OF KITSAP COUNTY, WASHINGTON SHERMAN HEIGHTS LOT 1, BLOCK 7, SHERMAN HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 36, IN KITSAP COUNTY WASHINGTON. 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