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Home My WebLink AboutDIONA ENTERPRISES LLCReturn Address: City Clerk City of Bremerton 345 61 Street, Suite t00 Bremerton, WA 98337 CITY OF BREMERTON 201802220031 (agreement Rea Fee: $ 78.00 02/22!20!8 09:23 RM Page- 1 of 5 Dolores Gilmore, Kitsap Co AUditOr 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)/ 1. DIONAS ENTERPRISES LLC Declarant: 11 Additional names on page of document. Grantee(s): 1. City of Bremerton, a Municipal Corporation Additional names on page of document. Legal Description: THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 (abbreviated) NORTH, RANGE I EAST, W.M., KITSAP COUNTY, WASHINGTON Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 322401-4-091-2001 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this _� day of (KbW , 20 J� between the CITY OF BREMERTON, a municipal corporation ("City") and DI NAS ENTERPRISES LLC ("Owner"). Page 1 of 5 Grinderpumpagrmnt SECTION 1: RECITALS 1.01 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. 1.02 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 2.01 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. 2.04 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 Page 2 of 5 Grinderpumpagrmnt 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. 2.05 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 inoperation 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 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 Elections. --� (Notary Acknowledgement on Next Page) Page 3 of 5 Grinderpumpagrmnt ("Owner") STATE OF WASHINGTON COUNTY OF KITSAP I certify that I know or have satisfactory evidence that 1� ,�qQ1nC�L, � elf is the person (s) who appeared before me, and said person (s) acknowledged that d� e -,,,signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Dated 1-171-100 Notary Public i d for the Sta e , f " Z Washington, residing at ;, '°ue`'�� My Appointment Expires /�-j'2,1 /// N�' q�'h ��-Z9• OF W NS� ACCEPTED THIS =/ day otl" , 20 CITY OF BREMERTON r RALegal\Legal\Contracts\PUBLIC WORKS\Grinder Pump Service Agreementl 5-14-09.doc Page 4 of 5 Grinderpumpagrmnt EXHIBIT "A" 32241E THAT PORTION OF GOVERNMENT LOT 2, SECTION 32, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 88*25'22" EAST 326.73 FEET FROM THE NORTHWEST CORNER OF SAID GOVERNMENT 2, SAID SECTION 32; THENCE SOUTH 88*25'22" EAST 144.95 FEET, MORE OR LESS, TO THE GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER LINE SOUTH 30* WEST 131.92 FEET; THENCE CONTINUING NORTH 75* EAST ALONG SAID MEANDER LINE 406.24 FEET TO A POINT ON THE GOVERNMENT MEANDER LINE WHICH IS NORTH 27* WEST 66 FEET AND NORTH 86* WEST 246.84 FEET AND SOUTH 75* WEST 240.48 FEET FROM THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 2; THENCE SOUTH 02* 16'00" WEST 799.43 FEET TO THE NORTHERLY LINE OF PRIMARY STATE HIGHWAY NO. 14; THENCE ALONG SAID NORTHERLY LINE NORTH 7 Page 5 of 5 Grinderpumpagrmnt