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HomeMy WebLinkAboutWILCO PROJECTReturn Address: City Clerk City of Bremerton 345 Sixth Street, Suite 100 Bremerton, WA 98337 CITY OF BREMERTON 201802140061 Agreement Rec Fee: $ 79.00 02/14/2018 09:23 RM Page: 1 of 6 Dolores Gilmore, Kitsap Co Auditor AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Frontage Improvements Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. East Bremerton Plaza, LLC Additional names on page of document. Grantee(s): 1. City of Bremerton Additional names on page of document. Legal Description: NW '/4, OF THE NW Y4 IN SEC. 1, T.24N, R.IE, KITSAP COUNTY, WA. W.M. (abbreviated) 0 Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number: Tax Parcel No. 012401-2-182-2002 Project Name: Wilco Project FRONTAGE IMPROVEMENTS AGREEMENT THIS AGREEMENT is made by and between the City of Bremerton, a municipal corporation, duly organized and existing under the laws of the State of Washington ("City"), and East Bremerton Plaza, LLC, owner of real property located in the City ("Owner"). 1. Purpose. 1.1 Owner has applied to the City for a building permit for tenant improvements required to remodel and occupy a building on its property located southeast of the intersection of Wheaton Way and NE Riddell Road legally described in Attachment A, attached hereto and incorporated herein by reference ("Property"). 1.2 The building permit was issued on December 21, 2017 for the improvements referred to here as the "Wilco" project or proposal. 1.3 The Bremerton Municipal Code requires frontage improvements to be constructed by Owner as a condition of issuing the necessary permit. 1.4 Owner has asked that it be allowed to defer the construction of the required frontage improvements on Riddell Road for four (4) years. 1.5 The City has agreed to forgo its rights to require construction of the required frontage improvements along the Riddell Road frontage now in consideration of the conditions set forth in this Agreement, which Owner has agreed to on behalf of itself, its successors and assigns. 2. Construction of Improvements. 2.1 Owner shall construct frontage improvements along the portion of the Property abutting Wheaton Way. These improvements include installation of ADA ramps on two existing driveways onto Wheaton Way (the "Wheaton Frontage Improvements"). The installation of the ADA ramps shall be completed within eleven (11) months from the date of issuance of a building permit for the Wilco project. 2.2 Owner shall construct frontage improvements along the portion of the Property abutting Riddell Road (the "Riddell Frontage Improvements"). These improvements include installation of sidewalks, curbs, gutters (with no drainage improvements) from Wheaton Way East to and including the existing driveway approach to the Property on Riddell Road. The sidewalk shall be located north of the existing power poles. The installation of these street frontage improvements shall be completed within four (4) years from the date of issuance of a building permit for the Wilco project. 2.3 Any subsequent redevelopment on the Property associated with a tenant change of the existing facilities, which is similar to the Wilco proposal, shall not require any additional street frontage improvements so long as such re -development is permitted within 10 -years of issuance of a building permit for the Wilco project. Such subsequent redevelopment must have similar commercial use of the buildings, and have similar intensity and impact to the road network so that traffic impacts are not increased above what has occurred in the past. This Agreement addresses street frontage improvements and does not address any other site improvements that may be required through the permitting process. 3. Cost of Improvements. 3.1 Owner shall contract for and pay all costs of construction of the Wheaton Frontage Improvements and the Riddell Frontage Improvements as described in Paragraph 2 above (collectively the "Improvements"). Owner is not required to pay prevailing wages for construction of these Improvements when paid for by Owner. Pa 4. Conditions to Issuance of Building Permits and Occupancy. 4.1 Owner agrees to construct the Improvements, within the 11 -month term for the Wheaton Frontage Improvements and the 4 -year term for the Riddell Frontage Improvements, from the date of issuance of a building permit for the Wilco project. 4.2 Owner shall obtain a Right -of -Way permit from the City pursuant to the requirements set forth in Chapter 11.02 of the Bremerton Municipal Code for all work performed within the City Right -of -Way for each Improvement. Owner shall also obtain all other permits required to complete the Improvements. 4.3 Owner agrees to construct said Improvements in compliance with this Agreement and any City standards in effect at time of construction, so long as such City standards do not alter the basic description of the required improvements set forth above. The Improvements to be constructed will not be permitted until such time as the engineered plans have been submitted by the Owner and approved by the City. 5. Remedies. 5.1 Without waiving any other remedies available to the City at law or equity, should Owner fail to construct the Improvements in accordance with the terms and conditions of this Agreement, or in accordance with any other requirements or conditions placed by the City through any other exercise of its authority over this development, then the City may construct any required Improvements that Owner fails to construct. If the City chooses to construct such Improvements, the City may charge Owner for the costs associated with the construction of said Improvements. If Owner fails to make payment within 30 days of receiving such bill from the City, then the amount paid by the City shall be a lien against the property. 5.2 If a legal action is instituted by reason of any default or breach on the part of any party in the performance of any of its obligations pursuant to this Agreement, the parties thereto shall be responsible for their respective costs and attorneys' fees in connection therewith. It is agreed that the venue of any legal action brought in connection with this Agreement shall be in the state courts in and for Kitsap County Washington. This Agreement shall be governed by the applicable laws of the State of Washington. 6. Miscellaneous. 6.1 Provisions Invalid. If any term, provision, condition or other portion of this Agreement is held to be inoperative, invalid or void, the same shall not affect any other term, provision or other portion of this Agreement, and the remainder of this Agreement shall be construed and shall be effective as if such term, provision, condition or portion had not been contained herein. 6.2 Modifications. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Owner. 6.3 Notice. Any notice of change of address or other notice appropriate under this Agreement shall be sent by the City or Owner to the other party at their respective address as set forth below or at such addresses as may later be specified by any of them. Any Notice shall be deemed to have been given on the date it is deposited in the U.S. Mails, return receipt, with postage pre -paid. City: Tom Knuckey City Engineer City of Bremerton 3456 th Street, Suite 100 Bremerton, Washington 98337 (360) 473-2376 Owner: Len Zarelli East Bremerton Plaza, LLC 3020 S 96th Street Lakewood, Washington 98499 (253) 588-9100 6.4 Covenant. The undersigned further agrees that this Agreement and the promises made herein constitute a covenant running with the land and shall be binding upon the undersigned and its successors, and assigns, and that upon execution, this Agreement shall be recorded with the Kitsap County Auditor's Office and be a covenant to run with the land for a period of ten (10) years from the date this agreement is executed. 6.5 Right to Assign. Owner shall have the right to assign their respective obligations pursuant to this Agreement to any entity owning or obtaining an interest either in such party or in the real property which each owns as described in this Agreement. EAST BREMERTON PLAZA, LLC A& i'31-/� By Date Its ,E,y,,¢ to7450c— Notary on Next Page STATE OF WASHINGTON ) ss. COUNTY OP- IT [ek E' ) l On this ,:� day of ,,J�z /1 /i_a i"L-� , 2018, before me a Notary Public in and for the State of Washington, personally appeared I- f'c r( -,i r �q to me known to be the 11 A / i a? �� r� ,— Of ( Gr S � i>�'ri�l � � `/z �� ��/l� Z��l, L�,� a L� iti�� " f �cl [-;�k corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act ao deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that Che/she/they was/were authorized to execute said instrument. GIVEN under my hand and official seal this => day of, )CI j L -t c4 2018. KATHRYN A DEGMAN Notary Public STATE OF WASHINGTON My Co Sion EXPIM 02-&21 CITY OF BREMERTON i Notary Publicin and for the State of Washington, residing at: S Yl My appointment expires: ACCEPTED: )�� a M in Date Director of Public Works & Utilities APPROVED AS TO FORM: Roger Lubovich, City Attorney R:\Legal\Legal\Contracts\PUBLIC WORKS\Frontage Improvements Agreement - Wilco - Final.doc q., ;aA# _N,�M't'i� �� �� , �:`.'7�t�.,,y..�,�.� �.. Exhibit A Legal Description Parcel #: 012401-2-182-2002 A PORTION OF NW 1/4, NW 1/4, SECTION 1, TOWNSHIP 24N, RIE PARCEL I: N 825FT OF W1/2 NW1/4 NW1/4 CNVYD BY VOL 902/213 EXC RDS TGW UND 1/2 INT IN S 30 FT OF N 855.83FT OF SAID WI/2 EXC WLY 6FT TO CITY OF BREMERTON PER AUD NO 1155802 EXC FDT, BAT NW CORNER SEC 1 THENCE ALONG NORTH LINE SAID SECTION S88*43'59E 36.04FT THENCE S03*5l'40W PLT WEST LINE SAID SEC 41.50FT TO PC OF CRV ON EAST RIGHT OF WAY LINE OF WHEATON WAY THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY LINE OF WHEATON WAY S03*5l'40W 609. 16FT TO TPOB THENCE LEAVING SAID EAST LINE OF WHEATON WAY S86*08'20E 570FT THENCE S03*51'40W 149. 35FT TO SOUTH LINE OF N 825FT OF W1/2 NW1/4 NW1/4 THENCE ALONG SAID SOUTH LINE N88*43'59W 570.59 FT TO EAST RIGH OF WAY LINE OF WHEATON WAY THENCE ALONG SAID EAST LINE NO3*51'40E 175.18FT TO TPOB PARCEL II: BAT NW COR SECTION 1 THENCE ALONG N LINE SAID SEC S88* 43'59E 36.04FT THENCE S03*51'40W PLT W LINE SAID SECTION 41.5 OFT TO PC OF CRV ON E R/W LINE WHEATON WAY THENCE CONTINUING ALONG SAID E R/W LINE OF WHEATON WAY S03*51'40W 609.16FT TO TPOB THENCE LEAVING SAID EAST LINE OF WHEATON WAY S86*08' 20E 570FT THENCE S03*51'40W 149.35FT TO SOUTH LINE OF NORTH 825FT OF WI/2 NW1/4 NWl/4 THENCE ALONG SAID SOUTH LINE N88*43'59W 570.59FT TO SAID EAST RIGHT OF WAY LINE WHEATON WAY THENCE ALONG SAID EAST LINE N01 *51'40E 175.18FT TO TPOB