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HomeMy WebLinkAboutJAY LINWICK TRUSTEEReturn Address: City Clerk City of Bremerton 345 6`b Street, Suite 100 Bremerton, WA 98337-1891 BREMERTON CITY OF 201910020063 Agreement Rea Fee, s ine.5o 10/02/2019 09:34 Aft Page 1 of 5 Paul, Andrews, Kitsap Co Auditor AUDITOR/RECORDER'S INDEXING FORM Document Titie(s): 1. Grinder Pump Service Agreement Reference Number(s) of Documents assigned or released: N/A Grantor(s)/ 1. Jay Linwick Trustee Dealerant: X' Additional names on page 3 of document. Grantee(s): 1. City of Bremerton, a Municipal Corporation XAdditional names on page 4 of document. Legal Description: A PORTION OF GOVERNMENT LOT 2, IN THE NE 1/4 IN, SEC. 14, WN. 24, (abbreviated) R. 1 E., W.M. KITSAP COUNTY, WASHINGTON. Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 142401-1-009-2000/1140912 1735 Ohio Ave Bremerton, WA 98337 GRINDER PUMP SERVICE AGREEMENT This Agreement is made this day of 20).7 between the CITY OF BREMERTON, a municipal corporation ("01y'') and Jay Liriwick Trustee ("Owner"). Page 1 of 5 Grinder Pump Service Agreement Rev. 06/2019 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 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 at the City's cost and pursuant to this agreement 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 accessible 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 allow the City's contractor to enter the property to construct the improvements, including modifications to the electrical service. The property shall be restored by the City and all costs for the construction improvements shall be borne by the City. 2.03 Owner shall provide and pay the cost of power for the grinder pump unit. 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, Page 2 of 5 Grinder Pump Service Agreement Rev. 06/2019 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 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 Owner's negligence causing the grinder pump unit to malfunction 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 and resulting failure of operation 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. Should the grinder pump fail for unknown reasons or due to force majeure beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God, changing laws, or anything that prevents one or both parties from fulfilling their obligations under this Agreement, the City will replace the grinder pump, but the Owner shall indemnify, defend and hold the City harmless from damage to real or personal property of Owner and others. 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. (•40wer") IIkBy, _IY ("Owner") [Notary Acknowledgement on Next Page] Page 3 of 5 Grinder Pump Service Agreement Rev. 06/2019 STATE OF WASHINGTON) COUNTY OF KITSAP ,gam AryWC&E,D I certify that I know or have satisfactory evide that _ is the person(s) who appeared before me, and 8 erson(s) acknowledged that he/she/they signed this instrument and acknowledged it to b- isfher/their free and voluntary act for the uses and purposes mentioned in the instrwnen 2019. GIVEN under myjbartd and official seal this day of Notary Public in and for the State of Washington, residing at My appointment expires ACC] PTSD this Vgday of eap�* w•�a e r , 2019. DEPARTMENTAL APPROVAL Directo Public Works & Utilities Grinder Pump Service Agreement Rev. 06/2019 CITY OF BREMERTON GREQJEELER, Mayor APPROVED AS TO FORM ROGER A. LUBO H, City Attorney Page 4 of 5 EXHIBIT "A" PORTION OF GOVERNMENT LOT 2 IN THE NE 1/4 IN SECTION 14, TOWNSHIP 24 N., RANGE 1 E., WILLAMETTE MERIDIAN, SITUATED IN KITSAP COUNTY, WA TAX ASSESSOR'S ACCOUNT NUMBER ADDRESS 142401-1-009-2000 1735 OHIO AVE LEGAL DESCRIPTION A PORTION OF GOVERNMENT LOT 2, SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 538.5 FEET WEST OF THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 2; THENCE WEST 179.50 FEET; THENCE NORTH TO THE SOUTH LINE OF PHILLIPS STREET EXTENDED (17TH STREET); THENCE EAST ALONG THE SAID SOUTH LINE OF PHILLIPS STREET 70 FEET; THENCE NORTH 50 FEET TO THE NORTH LINE OF SAID PHILLIPS STREET; THENCE NORTH 0031'30 WEST 128.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89029'30 EAST 109.51 FEET TO THE WEST LINE OF OHIO AVENUE; THENCE NORTH TO THE GOVERNMENT MEANDER LINE; THENCE WESTERLY ALONG THE MEANDER LINE TO A POINT NORTH 001 T00 WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 0017'00 EAST TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF CONTAINED IN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF 17TH STREET WITH A LINE WHICH IS PARALLEL TO AND DISTANT 20 FEET WEST OF THE WEST LINE OF BLOCK 2, BAY DRIVE ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 85; THENCE NORTH 1'05'59 EAST ALONG SAID PARALLEL LINE 154.45 FEET; THENCE NORTH 88054'01 WEST 20 FEET TO THE WEST MARGIN LINE OF OHIO AVENUE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88054'01 WEST 119.58 FEET TO THE EAST LINE OF THE PROPERTY AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NO. 333772; THENCE NORTH 0°55' EAST ALONG SAID EAST LINE OF THE PROPERTY DESCRIBED IN SAID DEED 77 FEET TO AN IRON PIPE; THENCE SOUTH 88*54'01 EAST 53.84 FEET TO AN IRON PIPE; THENCE NORTH 24051'26 EAST 27.95 FEET TO AN IRON PIPE; THENCE SOUTH 88054'01 EAST 55 FEET TO AN IRON PIPE; THENCE SOUTH 01 005'59 WEST 102 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON. Page 5 of 5 Grinder Pump Service Agreement Rev. 06/2019 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of _LOS ANGELES On 09/09/2019 before me, MILLY VASQUEZ, NOTARY PUBLIC (Here insert name and title of the 0:cer; personally appeared JAY LINWICK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(--) Is re subscribed to the within instrument and acknowledged to me that (ie),he/they executed the same in � Ser/their authorized capacity(les), and that by Is er/their signature(e) on the instrument the person(s), or the entity upon behalf of which the person(e) 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. ti �•• MILLY VASQUEZ r ��� COMM.# 2250108 WITNESS my han and official seal. � e., + �y+ NOTARY PUBLIC -CALIFORNIA :V �; LOS ANGELES COUNTY My Comm. Expkes July 15, 2022 'tfliAi�3lti Notary Publi I Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT GRINDER PUMP SERVICE AGREEMENT (Tide or description of attached document) N/A (Tide or description of attached document continued) Number of Pages 5 Document Date 09/09/2019 CAPACITY CLAIMED BY THE SIGNER p Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to riolate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.