HomeMy WebLinkAboutL A WILLIAMS CONSTRUCTION (2) w
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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
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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
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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)
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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
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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.
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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
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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
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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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