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Home My WebLink About5202Contract Number 5202 Vendor MUNDY JO/BREMERTON CINEMA Sub�ect Tri-Party Wall Agreement Department• Legal File Class LEG 12-1 Begin Date 8/16/2012 End Date Review Date Vault Date. Comments : � , , � , � , � .� � - � Return Address City Clerk City of Bremerton � 345 6�' Street, Ste 600 Bremerton, WA 98337 ' FIRST AMERICAN TITLE INS 201211050687 � R9reement Rec Fee $ 82 00 11/0512012 04 20 PM Page 1 of 11 � Walter Washington, Kitsap Co Ruditor ��,` I IIIIIII IIIIII II) III�I IIII IIIIIII IIIII I II II IIII IIII �IIIIII III IIIII II �I II �II j AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1 Tri-Party Party Wall Agreement Reference Number(s) of Documents asslgned or released Grantor(s) 1 C�ty of Bremerton, Bremerton Cmema, LLC, and Mundy Jo Holdmgs, LLC � Additional names on page of document Grantee(s) ] � Add�t►onal names on page of document Legal Description Ptn Lots 1-I5, 47-50, Blk 14, Bremerton, Vo12-30 (abbrev�ated) X� Add�ttonal legal is on 6-10 of document Assessor's Property Tax Parcel/Accou�t Number 37 l 80140010007, 37180140050003, 37180140070001,37180140090009, 37180140100006,37180140140002 TRI-PARTY PARTY WALL AGREEMENT , This Agreement is entered between the CITY OF BREMERTON, a Washmgton municipal corporation ("City"), BREMERTON CINEMA, LLC, a limited liability company ("Cmema"), and MiJNDY JO HOLDINGS, LLC, a Washmgton limited liability company ("MJH") as follows WHEREAS, the City is the owner of the Property legally described on Exhibit A("City Property"), Cinema is the owner of Property legally described on Exhibit B("Cinema Property"), and MJH is the owner of the Property legally described on Exhibit C("Retail Property") The City Property, Cmema Property and the Retail Property are sometimes mdividually referred to as a"Property," and collectively as the "Properties " The City, Cmema and MJH are sometimes mdrvidually �referred to as a"Party," and collectively as the "Parties," and PARTY WALL AGREEMENT Page 1 of 11 ! WHEREAS, the City has constructed a parkmg garage and mechanical room on the City Property, and WHEREAS, the Cinema has constructed a movie theater on the Cinema Property, and WHEREAS, the Parties contemplate that MJH will construct a retail buildmg (`Building") on the Retail Property As part of the Buildmg's construction, a portion of the Building will be constructed on top of the foundational slab of the Retail Property, situated upon the mechamcal room and a small portion of the parking garage all located on the City Property, and a portion of the Buildmg will attach to a portion of the structural walls of the City Property and of the Cmema Property, as identified on Exhibit D attached hereto, and WHEREAS, m order to mamtam and preserve the Parties' rights to use and mamtam the Party Wall and Common Structures (as defined below), it is deemed desirable to place certam restramts on the herem above described Properties, and NOW THEREFORE, the above referenced Parties do hereby adopt and prescribe the followmg covenants and restrictions which should be and are hereby impressed upon and henceforth will run with the Properties, to wit 1"Party Wall(s)" shall mean and refer to the dividmg wall(s) between each of the ad�ommg Properties "Common Structures" shall mean the Party Wall(s), foundational slab of the Retail Property, the ceilmg and wall structure of the mechanical room and a small portion of the parkmg garage located below the foundational slab of the Retail Property and other structures located between each of the ad�oming Properties, as identified m Exhibit D Any matters concernmg the Common Structures which are not covered by the terms of this Agreement shall be governed by the general rules of law m Washmgton State regarding party walls and common structures 2 Except as otherwise set forth herem, the cost of mamtammg the Common Structures shall be borne by the owners of the Common Structures 3 In the event of damage or destruction to the Common Structures from any cause, other than the negligence or willful misconduct of a Party hereto or their agents, employees, contractors or licensees, the owner of said Common Structure(s) shall repair or rebuild said Common Structure(s) at its sole cost and expense Each such Party shall have the right to the full use of said Common Structure(s) so repaired or rebuilt ff a Party's negligence or willful misconduct, or the negligence or willful misconduct of such Party's agents, employees, contractors or licensees, shall cause damage to or destruction of said Common Structure, the Party whose negligence or willful misconduct caused such damage or destruction, or whose agent's, employee's, contractor's or licensee's negligence or willful misconduct caused such damage or destruction, shall, to the extent of their liability, bear the cost of repair or reconstruction If a Party shall neglect or refuse to satisfy its obligations under this Agreement, then the other Parties may have such Common Structure(s) repaired or restored and shall be entitled to have a mechanic's lien on the Property of the Party so failmg to pay, for the amount of such defaultmg Party's share of the repair or replacement costs together PARTY WALL AGREEMENT Page 2 of 11 with mterest at the maximum rate allowable The Party havmg such Common Structure(s) repaired shall, m addition to the mechanic's lien, be entitled to recover attorney's fees and shall be entitled to all other remedies provided herem or by law The mechamc's lien granted herein is effective only if filed m the Real Property Records of the County where the Property ' is located, by affidavit declaring under oath the claim of the mechamc's lien 4. In the event of damage or destruction to any of the Properties, or the improvements located thereon, caused by the negligence or willful misconduct of a Party hereto or their agents, employees, contractors or licensees, the Party liable for such damage or destruction shall, to the extent of their liability, bear the cost of such repairs or reconstruction 5 Except for MJH's construction of the Buildmg on the Retail Property, the Parties shall not alter or change the Common Structures m any manner, non-structural mterior decoration excepted, and such Common Structures shall remam m the same location as when origmally erected Each ad�ommg Party to said Common Structures shall have a perpetual easement m that part of the premises of the other on which said Common Structures are located, for the purposes of such Common Structures and any other additional area necessary to repair, replace, and maintam same 6 Each Party shall keep all exterior walls of its structure located on its Property m good condition and repair at its sole cost and expense No Party shall do or permrt to be done any act or thmg that would tend to depreciate the value of its structure or the Common Structures (i e. variance m design, colors, roofing etc ) 7 Each Party shall maintam the roof over its structure in good condition and m such manner so as not to damage any structure located on the ad�acent Property These covenants are to run with the land and shall be bmdmg on all Parties and all persons claimmg under them m perpetuity Enforcement of these covenants shall be by proceedmg at law or m equity agamst any person or persons violatmg or attemptmg to violate the same seekmg either to restram violation or to recover damages or both Invalidation of any one of these covenants by �udgment or court order shall m no way affect any of the other provisions which remam m full force and effect IN WITNESS WHEREOF, the parties hereto have entered mto this Agreement on the date fully executed below [Signatures appear on the followmg page] PARTY WALL AGREEMENT Page 3 of 11 CITY: THE CITY OF BREMERTON B � L�� l Y Patty Le , or Dated � 3 � � STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) MJH MUNDY JO HOLDINGS, LLC By Its Dated � CINEMA: BREMERTON CINEMA, LLC � , �' �� . I . � . _ I � . ,' I�. -� /;�� I certify that I know or have satisfactory evidence that Patty Lent is the person who appeazed before me, and acknowledged that she signed this mstrument, on oath stated that she was authorized to execute the mstrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned m the instrument WITNESSETH m and seal this day of , 2012 PNN M ' � � � ..••.. O ��'1 . �M�saioa •� � ��'� T UBLIC m d for State of ; A � �- � � Washington, residmg at cn� :� ,� �/8 L I C; Z My commission exp�res / 15 / � •,' �$ _ �h�.' � .��. � O QF bVi�M1N� PARTY WALL AGREEMENT Page 4 of 11 STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) On this 7 day of _ lr�5 � , 2012, before me a Notary Public m and for the State of Washmgton, personally appeared Ir'�/GN,Rf C C�P.owSOnJ , to me known to be the �'Y1ANA�(sf,�2 of Mundy Jo Holdmgs, LLC, a Washmgton limrted liability company that executed the foregomg mstrument, and acknowledged it to be the free and voluntary act of said limited liabilrty company, for the uses and purposes mentioned m this instrument, and on oath stated that he/she/they was/were authorized to execute said mstrument WITNESSETH m hand and seal this � day of ��f (�Gts7 , 2012 Notary Public State of Washington ,.�--�� STEVEN T PESCE NOTARY PUBLIC m and for the State of MY COMMISSION EXPIRES OCTOBER 01 20�2 Washmgton, residing at _ ��LG� (/u� My commission expires !b /D I /2b/ STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) On this � day of � S , 20_, before me a Notary Public m and for the State of Washington, personally ap eared �� rr�p�_� ; ssP� , to me known to be the� ' rof Bremerton Cmema, LLC a limited liability company, that executed the foregomg ms ment, and acknowledged it to be the free and voluntary act of said limited liability company, for the uses and purposes mentioned m this mstrument, and on oath stated that he/she/they was/were authonzed to execute said mstrument WITNESSETH my hand and seal this � day of , 2012 B S EKLUND NOTARY PUBLIC STATE OF WASNtNGTON COMMISS{ON EXPIRES MAY 19. 2014 � NOTARY PUBLIC m and for the State of Washmgton, residmg at ��2Ti�'— G�- My commission expires o� /9/ao��f / PARTY WALL AGREEMENT Page 5 of 11 Exhibit A City Property Legal Description LEGAL DESCRIPTION FOR CITY PROJECT — PARK PLAZA Lots l, 2, 3, 4, 48, 49, 50, and the west 6 feet of Lot 47, Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded m Volume 2, of plats Page 030, records of Kitsap County, Washmgton, situate m Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, Together with Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of said Block 14 of the Town of Bremerton, Together with the southerly 4 feet of the alley laymg ad�acent and abuttmg Lots 5 through 15, inclusive, of said Block 14 of the Town of Bremerton, Except that portion of the above conveyed to the State of Washmgton for right of way purposes PARTY WALL AGREEMENT Page 6 of 11 Exhibrt B Cmema Property Legal Description PARCEL A AIR SPACE LEGAL DESCRIPTION AT AND ABOVE A HORIZONTAL PLANE AT AN ELEVATION OF 32 00 FEET (ALL ELEVATIONS HEREIN ARE MEASURED PER THE NORTH AMERICAN VERTICAL DATUM OF 1988 AS ADOPTED BY THE CITY OF BREMERTON) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washmgton, situate m Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washmgton more particularly described as follows, Begmnmg at monument m case at the mtersection of Park Avenue and Burwell Street, thence N1°37'00"E 280 11 feet to an existing monument m case at the mtersection of Park Avenue and 4�' Street, thence along the centerlme of said 4�` Street, S88°24'41"E 121 90 feet, thence leaving said centerlme, S 1°35' 19"W 31 33 feet to the outside edge of an existmg concrete wall and the True Pomt of Begmnmg, thence leavmg said outside edge, Sl°36'30"W 26 49 feet, thence S87°28' 15"E 8 55 feet, thence S2°31'45"W 7 50 feet, thence S88°35' 16"E 9 26 feet, thence S1°24'44"W 79 96 feet, thence S88°15'S5"E 100 12 feet, thence Sl°34'06"W 60 19 feet to a pomt "WB", thence contmumg S 1°34'06"W 13 OS feet, thence N88° 13' 22"W 61 25 feet, thence S2°O1'15"W 9 21 feet, thence N88°26'29"W 37 41 feet, thence S1°51'S0"W 14 24 feet, thence N88°29'10"W 20 88 feet, thence S1°33'29"W 2 87 feet, thence N88°26'08"W 48 50 feet, thence N1°20'S9"E 13 53 feet, thence N42°43'34"W 4 10 feet, thence N88°18'12"W 29 63 feet, thence N1°33'31"E 48 69 feet, thence S88°56'29"E 2 49 feet, thence N1°03'31"E 9 0 feet, also bemg a pomt "WE", thence N88°24'47"W 19 09 feet, thence N1°33'44"E 90 47 feet, thence S88°21'49"E 15 32 feet, thence Nl°32'30"E 47 45 feet, thence S88°16'45"E 84 11 feet to the True Pomt of Begmnmg Together with a six foot wide easement for buildmg footmgs to be constructed on the property pro�ecting down from the theatre pad elevation of 32'0" to 2 feet below finish grade of the site, the centerlme of which is described as follows Begmmng at the above described pomt "WB", also being the True Pomt of Begmnmg, thence contmuing S 1°34'06"W 13 OS feet, thence N88°13'22"W 61 25 feet, thence S2°O1' 15"W 9 21 feet, thence N88°26'29"W 37 41 feet, thence S1°51'O50"W 14 24 feet, thence N88°29'10"W 20 88 feet, thence S1°33'29"W 2 87 feet, thence N88°26'08"W 48 50 feet, thence N1°20'S9"E 13 53 feet, thence N42°43'34"W 4 10 feet, thence N88°18' 12"W 29 63 feet, thence N1°33'31"E 48 69 feet, thence S88°56'29"E 2 49 feet, thence N1°03'31"E 9 00 feet, also bemg a pomt "WE" and also being the termmus of this description Consisting of +/- 29,481 sq ft PARTY WALL AGREEMENT Page 7 of 11 PARCEL B GENERAL UTILITY EASEMENT (ALL ELEVATIONS HEREIN ARE MEASURED PER THE NORTH AMERICAN VERTICAL DATUM OF 1988 AS ADOPTED BY THE CITY OF BREMERTON) A general utilrty easement to extend down 1'-9" feet from elevation 32'0" mto the P-2 parking level constructed over a portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded m Volume 2, of plats Page 030, records of Kitsap County, Washmgton, situate m Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washmgton more particularly described as follows, Begmnmg at monument m case at the intersection of Park Avenue and Burwell Street, thence N1°37'00"E 280 11 feet to an existmg monument m case at the mtersection of Pazk Avenue and 4` Street, thence along the centerlme of said 4�` Street, S88°24'41"E 121 90 feet, thence leavmg said centerline, S 1°35' 19"W 31 33 feet to the outside edge of an existmg concrete wall, thence leavmg said outside edge, S1°36'30"W 26 49 feet to the True Pomt of Begmnmg thence S87°28' 15"E 8 55 feet, thence S2°31'45"W 7 50 feet, thence S88°35' 16"E 9 26 feet, thence S1°24'44"W 79 96 feet, thence N88°15'S5"W 13 42 feet, thence Nl°35'04"E 20 00 feet, thence N88°24'S6"W 32 00 feet, thence N1°35'04"E 10 00 feet, thence N88°24'S6"W 18 00 feet, thence N1°35'04"E 52 00 feet, thence N84°38'34"E 45 83 feet, more or less to the True Pomt of Begmmng PARCEL C AIIZ SPACE LEGAL DESCRIPTION AT AND ABOVE A HORIZONTAL PLANE AT AN ELEVATION OF 22'7" (ALL ELEVATIONS HEREIN ARE MEASURED PER THE NORTH AMERICAN VERTICAL DATUM OF 1988 AS ADOPTED BY THE CITY OF BREMERTON) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded m Volume 2, of plats Page 030, records of Kitsap County, Washmgton, situate m Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washmgton more particularly described as follows, Begmnmg at monument m case at the mtersection of Park Avenue and Burwell Street, thence N1°37'00"E 280 11 feet to an existmg monument m case at the mtersection of Park Avenue and 4�' Street, thence along the centerlme of said 4�' Street, S88°24'41"E 121 90 feet, thence leavmg said centerlme, S 1°35' 19"W 31 33 feet to the outside edge of an existmg concrete wall and the True Pomt of Begmnmg, thence along said outside edge, N88°16'45"W 84 11 feet, thence S 1°32'30"W 3 02 feet to an existmg exterior concrete wall corner, thence leaving said PARTY WALL AGREEMENT Page 8 of 11 outside edge, S1°32'30"W 8 68 feet, thence N43°27'20"W 8 08 feet, thence on an arc, the radius of which bears N20°58'S5"E 7 50 feet, a distance of 33 90 feet through an angle of 258°59' 16" and returnmg to said outside edge, thence S88°16'45"E 29 21 feet, thence leavmg said outside edge, N45°31'35"E 16 14 feet, thence' S87°53'03" E 4.37 feet, thence S43°57'S5"E 16 63 feet to said outside edge, thence leavmg said outside edge, N46°40'09"E 9 19 feet, thence S88°19'S1"E 18 97, thence S43°19'S1"E 9 23 feet to said outside edge, thence N88°16'45"W 8 73 feet to the True Pomt of Begmmng Consistmg of 494 square feet This description to also mclude for buildmg footings for the above described area Situate m the City of Bremerton, County of Kitsap, State of Washmgton PARTY WALL AGREEMENT Page 9 of 11 Exhibit C Retail Property Legal Description AIR SPACE LEGAL DESCRIPTION FOR Cf1M�+tERCIAL PAD ATAND AB4YE ELIEVATION 26'10" A port�c�n of Eilack 14 and the east half of the vacated portion of Fark Avenue (formerly Dc�ck Street} of the Plat of the To��vn of �rennerton, as recorc�ed in Voiume 2, of plats Page 034, iecards of Kttsap Caunty, Washington, s�tuate tn Governrnent Lat 3, Sect�on 13, Township 24 Nocth, Range 1 East, W�Ua�ttette Mer�d�an, I{itsap County, Wash�ngt�n more particularly described as fol loevs, Beg�nnmg at raonument in case at the intersechan o� Park Avenue and Bur��elt Street, thence along the centeilme of Park �lvenue, N01°3?'QO"� 280 11 fect to an exist�ng manument �n case at the uitersectaon caf Park Avenue anc14` Street, thenee along sa�d centeriine, SOl °37'0{?"W 169 OS feet, thence leaving said centertine, S8$°24'47"E 22 63 feet to the auts�de edge of an eh�sting walt, thence atong sa�d wall, S88°24'47"E 19.09 feet, thence SQl°03°31°'w 9 00 feet; thence N$8°56'29"W 2 49 feet, thence �Ql°33'3l"W 24 2$ feet to the True Point af Be�mnmg, theuce cvntinuing SO1°33'31"W 24 41 feet, ihence S$8°l 8' 12"E 29 63 �eet; thence S42°43'34"E 4 10 feet, thence S4l °20°59"W 9,29 feet to the inCersect�on af t�vo walts, thence N89°S3'07"W 5 85 feet to an an�le po�nt in satd wall, thence atong said r�vall acid the extension thereof, SQ2°Ol' 19"W $ 99 feet, fihence N8$°2b'29"W 28.89 feet, thence NO 1°33'31 "� 3 61 feet, thence N88°2b'29"W 4.67 feet, thence NOl°33'31''E 10 04 feet, thence N43°�b'29"W 2 49 feet, thence N88°2G'29'"W I t 85 teet, thence NOl°33'31"C 13 33 feet, thence S88°2G'29' E 3�2 feet, theace NO1°33'31''F, 9 33 feet, thence N88°26'29"W 3 42 feet; thence N01°33'31"E, 13 33 feet, thence S88°26'29"E 1 S 58 feet, thence S41 °33'3I "W 5 S6 feet; thence S88°26'2y"E S 00 feet to the True Fc��nt of Beginn�ng. Cc�ns�st�ng af +!- 1,411 sq, ft. Situate �n the Crty of B�emerton, County of Kitsap, and State of Washui�ton � ,,•,'",��wA i � ' O . �. ��45776, '�� ' '••. ,��" � ��' � �� PARTY WALL AGREEMENT Page 10 of 11 0 �� NEa► �dD�ro�t+N�4t Nf"a 5t4�uAi,it -^/ �11�s� ; Abl�lk�ii — u.�AM oVeTS', P�o�bS .�..w•. .�.o. �1 _._.___-..--- � 'a�"°r' 1 � � � , � AIL � � � � 1-Ou a z� t� * 18" PAvE+i�i E� W►�+�` ' �Utt� u►ttN v�rt'6�PRo�� NEs�► P� 4b ►vef[a1 t a� � vJMl4N� R.At�'t'6W6^N7t�:t�tOFIN• w�k+f,a.to�?�o�nttl vJh�1� �'E b" AF+Q+�B GW�9� D� 507G'v►ALK EA�Y[ W/tl.� OF P�/V�'� 41 � t6" APAV�. &ftA4E c� �++Ea� � 7b'fH86aA?T �---- i$ PAVf�S'I'a W1'�GNSfEG us �r'K� Sa��wAY o►� � ��roE oPC�wKri wA�T6RP�Dr�FMA 'e`�-- RAMP v►afa. 8Y aMERh RAMY Wti�fN RAILkh1GS�s� z�»�° L�Idf �'i � � Y/t�/t2 PARTY WALL AGREEMENT � Page 11 of 11 Exhibrt D Site Plan Identifying Common Structures ♦ �.----,4�►�