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Home My WebLink AboutBREMERTON MC PROPERTIESReturn Address: City Clerk City of Bremerton 345 6' Street, Suite 100 Bremerton WA 98337 CITY OF BREMERTON 201802140060 Agreement Rec Fee: $ 81.00 02/14/2018 09:23 AM Dolores Gilmore, Kitsap co Auditor Page: 1 of 8 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Reimbursement Agreement for Combined Sewer Upsize Reference Number(s) of Documents assigned or released: 3161555 Grantor(s): 1. Bremerton MC Properties LLC Additional names on page of document. Grantee(s): 1. City of Bremerton Additional names on page of document. Legal Description: Portion of the NW '/4 of the SE '/4 of Sec 15, T24N, R1 E, W.M. in Kitsap County (abbreviated) Additional legal is on page 1 (2) of document. Assessor's Property Tax Parcel/Account Number: 1524014-023-2005 REIMBURSEMENT AGREEMENT FOR COMBINED SEWER UPSIZE Document Title: Reimbursement Agreement for Avamere Memory Care Combined Sewer Upsize Project Name: Avamere Memory Care Owner Name: Bremerton MC Properties, LLC, 25117 SW Parkway Ave, Suite B, Wilsonville, OR 97070 Location: 3510 9th Street Tax Parcel # 152401-4-023-2005 Abbreviated Legal Description: PARCEL I: RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITORS FILE NO. 3161555, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, This Agreement for Storm Drainage Capital Improvements ("Agreement") to be constructed with the Avamere Memory Care Facility located at between 9th and 11 th Streets east of Adele Avenue, is entered into between the City of Bremerton, a Washington municipal corporation ("CITY") and Bremerton MC Properties, LLC, Owner of subject property ("OWNER"). RECITALS The OWNER is responsible to construct 24 -inch diameter storm drain pipe and appurtenances on 9th and 11th Streets as presented in Exhibit "A". This area is served by combined sewers that have high peak flows, and therefore the CITY desires to have larger capacity sewer pipe installed to address existing capacity issues. BMC 15.03.070 allows the CITY to enter into cost share agreements to contribute to the cost for larger sanitary sewers or other improvements when in the interest of the CITY. The CITY and OWNER agree that the CITY will reimburse the OWNER for the material cost associated with the larger pipe and appurtenances, and OWNER will provide all installation at no cost to CITY. AGREEMENT In consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. CITY's Responsibility: CITY will reimburse OWNER the full invoice cost of all materials and equipment identified in Exhibit B. 2. OWNER's Responsibility: OWNER will construct a storm drain accross the property located 3510 9th Street, Bremerton, Washington as legally describe above and shown on Exhibit "A" attached hereto. Upon completion, OWNER will provide CITY a full accounting of all upsized materials included in the installation. Materials shall be similar to the agreed upon materials outlined in Exhibit "B". OWNER will grant an easement to CITY for the storm drain as shown on Exhibit "C". 3. Term of Agreement and Payment to OWNER: This Agreement shall remain in force for one (1) year from date of this Agreement unless otherwise agreed to in writing by the parties. All reimbursement payments due to the OWNER by CITY shall be fully paid within forty- five (45) days of acceptance by CITY. 4. Representations and Warranties: Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement are within that party's powers and have been duly authorized by all necessary company or agency action. 5. Governing Law and Venue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any action brought shall be in Kitsap County, Washington. 6. Entire Agreement: This Agreement sets forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. 7. Successors and Assigns: The benefits, burdens and obligations set forth in this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, assigns, and successors. 8. Attorneys' Fees: In the event of litigation, including alternative dispute resolution, with respect to the enforcement or interpretation of this Agreement, including appeals, the each party is responsible for its own attorney's fees and costs. 9. Notices: For the purpose of delivery of any demand or notice relating to this Agreement, the address of parties shall be the address set forth below. Such party's signature hereon or such address as either party may establish in writing from time to time. To CITY: City of Bremerton Director of Public Works and Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 2 To OWNER: Bremerton MC Properties, LLC 25117 SW Parkway Ave, Suite B Wilsonville, OR 97070 10. Miscellaneous: This Agreement may be modified, supplemented or amended only by a written instrument signed by the OWNER and the CITY. The captions set forth in this Agreement are included for convenience of reference only and shall not in any way limit or affect the meaning or interpretation of any terms or provisions of this Agreement. Neither the waiver by any party of any breach of any provision hereof, nor the failure of any party to seek redress for violation of or insist upon strict performance of any such provision, shall be considered a waiver of such provision or any subsequent breach thereof. DATED: I )) J1 DATED:14/1Is STATE OF OREGON ) COUNTY OF WASHINGTON) ss. Bremerton C Proopert'ies, LLC BY: Gary Wart, VEO CITY OF BREMERTON BY: W - Greg eeler, Mayor On this 2r,A day of rJ4At)o1',,1 2018, before me a Notary Public in and for the State of Washington, personally jppeared Gary Wart to me known to be the CEO of BREMERTON MC PROPERTIES LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the limited liability company, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal this ?O day of 2018 OFFICIAL SCAMP TOSHA LEEANN FERRANDO NOTARY PUBLIC -OREGON Notary Public in and for the State of Oregon COMMISSION NO. 932602 Residing at: �,� MY COMMISSION EXPIRES OCTOBER 05, 2018 My appointment ex�0(5 E? STATE OF WASHINGTON WS COUNTY OF KITSAP On this day of & '2018, before me a Notary Public in and for the State of Washington, personally appea d Greg Wheeler to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal this day of 0 , 2018 Notary Public State of Washington Shannon L. Corin Commission Expires 11-17-2019 DEPARTME TAL APPROVAL: Chal in, Director of Pub 'c Works an lities APPROVED AS TO FORM: Roger A. Lich, Civy Attorney Notary Public in and for the State of Washington, Residing at: My appointment expires: RECEIVED FOR FILINQ: Shannon Corin, City Clerk R:\Legal\Legal\Contracts\PUBLIC WORKS\2015.02.03 FINAL DRAFT Bremerton Towers Reimbursement Agreement.docx L- NW < s i Mor an 13th t 1py 4 �tYvs • � i► 1 i th CCt • . • P. . e • � 41h � � < � • � Db • r NI B uzwel t e' VICINITY MAP N TS Q� . - . oor. '-Y - i u . mat w C.K,74+7 "' Ductile iron pipe not approved fe• use on ir, s protect Item Estimated No. Description Amount Unit Unit Price Amount 1 Upsize CB#1 from. Type 1 to Type 2-48" Type 1 EA $1,_535 00 S1.535 2 Upsize CB#2 from T 1 to T 2-48 _ o- Type _ 1' EA $1..535.OG $1.535 3 Upsize CB#3 from Type 1 to Type 2-60' 1 EA $2 135 00 52,135 4 CB03A - Owner instal for Convenience 1 EA $0.00 $0 5 Upsize CB#4 from Type 1 to Type 2-48" 1 EA 51,535.00_ $1,535 6 Upsize CB#5 from Type_1 to Type 2,48" 1 EA 51,535 00 $1,535 7 Upsize CB#6 from Type 1 to Type 2-49' 1 EA $1,535,00, $1 535 8 CB#6C from Type 2-4B" to Type 2-50" 1 EA $600.00 $600 9 Upsize Pipe from 12" to 24" N-12 C8#1 to #2 45 LF $2462 $1,108 10 Upsize Pipe from 12" to 24" N-12, CB#2'o #3 -- 176 LF $2462 $4,333 1 ? Upsize P pe from 12" to 24" N-12, CB#3 to #4 193 LF $24.62 $4,752 12 Pipe from 12" to 24" N-12, C8#4 to sty -'2e '00 LF $24.62 $2,659 13 Upsr2e Pipe from 12" to 24" N-12, CB#5 'o #6 154 LF $2462 $3791 14 Extend Storm Pipe 24" N-12, CB#6 to #6C - 252 LF $60 00 $ 5,120 15 Extend Storm Ppe 18"N-12, CB#6C to #8 15, LF $1891 _ - $284 Subtotai $42,457 $369374 WSST (8 7%,i TOTAL $46,151 MATERIAL COSTS' 1 Type 1 CB 7« EA S26500 2 Type 2 CB - 48" 5 EA 41,800.00 3 Type 2 CB - 60" 2 EA $2,40000 4 12" ADS N-12 943 LF $780 5 .18" ADS N-'2 151 LF $18.91 5 24' ADS N-12 707 LF $32.42 6" 24" 4)UOTILE IRON PIPE 22-3. LF $74-0 _-_ _ • D.. un c.....�. n.,...._W._---'•-- a .,... � �_........�...,. . - . oor. '-Y - i u . mat w C.K,74+7 "' Ductile iron pipe not approved fe• use on ir, s protect Center of Section IS, Township 24 North, Rangel East u Point of Beginning SW Corner of West half of the NW corner of the SE comer Team4 Jp&eedq 5819 NE Afinder Road Potdsbo. WA 98370 pbone: 360 297-5560 f".- 360 297-7951 17 O Iti y; Tax ID 152401-4 023-2005 o is comprised of P arcel B and Parcel 2 depicts c herein "-51 J N 58'58'27" W —37.98- Avamere Health Bremerton MC Prop. Storm Water Utilities Eau NOk KlB jG;%Vd8UYl Olklolmoc Isdi I:100 Lei