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Home My WebLink AboutBAY VISTA PARTNERS LLLP i .• � I AFTER RECORDING,RETURN TO: City Clerk CITY OF BREMERTON 345 6'b Street,Suite 600 Bremerton,WA 98337 BREMERTON CITY OF 201408220178 Maintenance Agreement Rec Fee- $ 80 00 08/22/2014 02:47 PM Page 1 of 9 Walter Washington, Kitsap Co Auditor I �IIII IIII IIIII SIN,,11111111111111111111111111 STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT (Bay Vista) GRANTOR: BAY VISTA PARTNERS LLLP, a Washington limited liability limited partnership GRANTEE: CITY OF BREMERTON, a Washington municipal corporation ABBREVIATED LEGAL: LOT 24,PLAT OF BAY VISTA—PHASE 2,V 33,P 74 (Full Legal on Exhibit A) TAX PARCEL: SSMOOO-024-0009 THIS STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT ("A eement") is made and entered into this 11th day of July , 2014, by and between the CITY OF BREMERTON,a Washington municipal corporation("C "),and BAY VISTA PARTNERS LLLP,a Washington limited liability limited partnership("Owner"). RECITALS A. The City has the authority under City ordinances, codes and Washington State statutes to regulate stormwater drainage, and the City of Bremerton Department of Community Development has approved the development known as Bay Vista Senior Housing ("Pr_ oject"); and B. The Project will be located on real property owned by Owner, which is legally described on Exhibit A attached hereto and incorporated herein by reference (hereinafter "Pro a "); and STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT PAGE 1 C. The Project includes facilities designed to manage stormwater in accordance with applicable regulations, including, but not limited to, roof drains and pipes, catch basins and pervious surfaces("Stormwater Facilities");and D. The City has approved a conditional use permit for the Project(No. BPI 2-00019) which requires, among other things, the Owner enter into and record a stormwater maintenance agreement prior to occupancy of the Project; and E. The City and Owner intend by this Agreement to satisfy the condition referenced above and to document Owner's obligation to maintain the Stormwater Facilities to ensure appropriate operation throughout the life of the Project; NOW, THEREFORE, in consideration of the approval of the Project and the promises contained herein,the City and Owner do hereby agree,as follows: AGREEMENT 1. Owner, its successors and assigns to the Property, shall be responsible for maintenance and repairs of the Stormwater Facilities located on the Property in accordance with the Operation Maintenance Manual prepared by BCRA, dated January 14, 2013, the terns of which are incorporated herein by this reference. 2. The City, or its designee, shall have the right to ingress and egress over the Property for the purpose of inspecting, sampling and monitoring the Stormwater Facilities components and discharges. 3. If, at any time, the City reasonably determines that maintenance or repair work is required to be done to the existing and accepted Stormwater Facilities installed on the Property (which will mean repair or cleanout of the existing facilities only to the same standards as originally installed and accepted), the Director of the Department of Public Works and Utilities or his/her designee or the City's code enforcement officer may give Owner notice to cure to provide the necessary maintenance or repair work. The Owner's failure to cure shall be subject to the City's code enforcement program as codified in the Bremerton Municipal Code and the remedies and penalties set forth therein. 4. If the Owner has not completed or is not diligently pursuing the maintenance or repair work to the Stormwater Facilities as required in the notice to cure, the City of Bremerton may perform such maintenance or repair work or to have them performed by others. If it becomes necessary for the City of Bremerton to perform the work, in addition to any penalties assessed for failure to cure, the Owner shall be responsible for the cost of such maintenance or repair work and shall reimburse the City of Bremerton within thirty (30) days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City of STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT PAGE 2 Bremerton, should any legal action be required to collect such payments, will be home by the parties responsible for said reimbursements. 5. If, at any time, the City of Bremerton reasonably determines that the existing and accepted Stoirnwater Facilities installed on the Property pose a hazard to life and limb, or endangers property, or adversely affects the safety and operations of a public way,due to failure, damage or non-maintenance, and that the situation is so immediate and adverse as to preclude written notice to the Owner, the Director of the Department of Public Works and Utilities may take the measures necessary to eliminate the hazardous situation provided the Director,or his/her designee,has first made a reasonable effort to locate said Owner before acting. The Owner will be responsible to the City for the cost of such maintenance or repair work and will reimburse the City within thirty (30) days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City of Bremerton, should any legal action be required to collect such payments,will be home by the parties responsible for said reimbursements. 6. The Owner will keep the City of Bremerton informed at all times as to the name, address and telephone number of the contact person responsible for the performance of maintenance or repair work to the Stormwater Facilities. 7. If it becomes necessary for the City to perform maintenance or repair work on the Property, the Owner agrees to indemnify, defend and hold the City, or its designee, harmless from any and all claims arising from any activity the City of Bremerton undertakes on the Property to the extent of the Owner's, its agent's, and/or employees' negligence to the maximum extent permitted by law, except for any such liability which results from the negligence or willful misconduct of the City, its agents and/or employees. [SIGNATURE PAGES FOLLOW] STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT PAGE 3 Agreed to as of the date first above written. OWNER: BAY VISTA PARTNERS LLLP, a Washington limited liability limited partnership By: Bay Vista GP LLC,a Washington limited liability company,its general partner By: Carmel Senior Housing, Inc., a California nonprofit public benefit corporation,its sole member I By: Name: Ma Grace Crisostomo Title: Director&Authorized Signer [NO TAR YJURAT FOLLOWS ON NEXT PAGE] STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT SIGNATURE PAGE r , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of AIn t co On J'(,`!y //f cUlY before me ww rl Date ��yy personally appeared Nort-y 61?&,G t�sIA;l q na who proved to me on the basis of satisfactory evidence to be the person(@�Vhose nam* is subscribed to the within instrument and acknowledged to me that to IhW executed the same in hisill er ' authorized capacity(ies);and that byisreer signature(P)Tn the instrument the person*,or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above � My commission expires: SUSAN G.T10LENTINO Commission if 1911 'm Notary Public•California z San Joaquid County D My Comm.Expires Dec 13,'2014 STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT NOTARY JURAT Agreed to as of the date first above written. CITY: CITY OF BREMERTON, a Washington municipal corporation By: Name: Its: STATE OF WASHINGTON ) ) ss COUNTY OF ) I hereby certify that I know or have satisfactory evidence that appeared before me, and acknowledged that SNt.L_ signed this instrument, oil oath stated that was authorized to execute this instrument, and acknowledged it as the q*, of the CITY OF BREMERTON, a Washington lunicipal corporation, to be the free and voluntary act of such entity for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal on the day of S 2014. NN M. •..... F� .rP.�'.S Er,,,4• a f Notary, o+ �d I.O Print Name: ��Q n� 'R. nen Lq: �O*Ry :Z NOTARY PUBLI r and for tate of Washington PUBL\G �My commission expires: \S\NS; clj, so . 15- .e• o9 ••••• 41 �OF WA Legal Description approved for recording by the City of Bremerton Development Engineering 15120 L19 Date Please return a copy of the recorded document to Dev.Eng. STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT SIGNATURE PAGE EXIHBIT A LEGAL DESCRIP'T'ION Attached. STORMWATER MANAGEMENT AND MAINTENANCE AGREEMENT EXHIBIT A EASEMENT DESCRIPTION THAT PORTION OF LOT 24, PLAT OF BAY VISTA PHASE 2, RECORDED IN VOLUME 33 OF PLATS, PAGES 74-90, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 24, AND A POINT ON A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 337.00 FEET AND HAVING A RADIAL BEARING TO WHICH RADIUS POINT BEARS NORTH 8°47' 40" EAST; THENCE NORTHWESTERLY ALONG THE SOUTH MARGIN OF RUSSELL ROAD AND ALONG SAID CURVE AN ARC DISTANCE OF 32. 97 FEET, THROUGH A CENTRAL ANGLE OF 5036' 20"; THENCE CONTINUING ALONG SAID SOUTH MARGIN NORTH 75036101" WEST, A DISTANCE OF 143.83 FEET; THENCE LEAVING SAID SOUTH MARGIN AT RIGHT ANGLES SOUTH 14023' 59" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 75036101" EAST, PARALLEL WITH SAID SOUTH MARGIN, A DISTANCE OF 143.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 352.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 36. 44 FEET, THROUGH A CENTRAL ANGLE OF 5055153" TO THE EAST LINE OF SAID LOT 24; THENCE NORTH 1011' 10" EAST, ALONG SAID EAST LINE, A DISTANCE OF 15. 13 FEET TO THE POINT OF BEGINNING; CONTAINING 2, 678 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF BREMERTON, COUNTY OF KITSAP, STATE OF WASHINGTON. BAY VISTA PARTNERS, LLLP BAY VISTA PHASE II DAKIN A. BELL, P.L.S. BRH JOB NO. 2007186.23 4` MARCH 25, 2013 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 96102 (206) 323-4144 Z 1/4 SOC 1a IM ML UK -1 L=32.97 R=337.00 0 0=S''3636*220" Tan=16.50 0) in 6 43 .d^ NW COR a S7s 36 Ol"� 83 o J P.0.24 ti 15' WIDE 14383' — — STORM EASEMENT LOT 24 L=36.44 BAY VISTA PHASE II R=352.00 w VOL 33, PGS. 74-90 &555'53" °o Tan=18.24 .- r�n o � z i t i q Z � O 37 W cn a W Joe t ,IAR NA 70071 R6.73 SCALE 1" = 30' DRAWN DAB CHECKED DAB DATE 3/26/13 BUSH, ROED HITCHINGS. INC. CIVIL ENGINEERS & LAND SURVEYORS STORM EASEMENT EXHIBIT 2009 MINOR AVE. EAST, SEATTLE, WA 98102 BAY VISTA PARTNERS, LLLP (206) 323-4144 FAX (206) 323-7135 BAY VISTA PHASE II 1-800-935-0508 E-MAIL• INFO®BRHINC.COM BREMERTON WASHINGTON Y