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Home My WebLink AboutERIC AND JANE SANDALL FAMILY LIM PARTNERSHIPReturn Address: City Clerk City of Bremerton 345 6' Street, Suite 100 Bremerton, WA 98337-1891 BREMERTON CITY OF 201908130103 Agreement Rec Fee: $ 107.50 08!13/2019 11:49 AM Page: ! of 5 Paul Andrews; Ki sap 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. Eric and Janet Sandall Family LIM Partnership Declarant: X Additional names on page 3 of document. Grantee(s): 1. City of Bremerton, a Municipal Corporation X Additional names on page 4 of document. Legal Description: A PORTION OF LOT ONE (1), BLOCK ONE (1), OF O'MARAVILLE PLAT (abbreviated) (3782) RECORDED IN VOLUME 4 OF PLATS, PAGE 114, RECORDS OF KITSAP COUNTY, WASHINGTON. NE 1/4 IN SEC. 14, TWN. 24, R. 1 E., W.M. L"J Additional legal is on page 5 of document. Assessor's Property Tax Parcel/Account Number: 3782-001-001-0005/1453687 1422 17TH STREET GRINDER PUMP SERVICE AGREEMENT This Agreement is made this 7 day of OL4 tvA,*r- . 20 1? between the CITY OF BREMERTON, a municipal corporation ("City") and Eric UTICI .lHTICt Saitdall Family LIM Partnership ("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. BY ` eCyl,, _ 4(r"n R -A ("Owner") [Notary Acknowledgement on Next Page] Page 3 of 5 Grinder Pump Service Agreement Rev. 06/2019 STATE OF WASHINGTON) COUNTY OF KITSAP I certify that I know or have satisfactory evidence that S.Y. ftG Q, ti"t GA G 1 I _ is the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal thi 20_VvL_ day of �► q �,� 5 �-. LAM Ob— Notar tiblic in and for the State of Washington, residing at'010. My appointment expires p .LC) ACCEPTED this 13*'* day of &y!mm. _ , 20 q DEPARTMENTAL APPROVAL I k02 Director Public Works & Utilities CITY OF BREMERTON By YW GREG 1I::LER, Mayor APPROVED AS TO FORM eOGERA. BOVICH, City Attorney R:\Legal\Legal\Forms\FORMS ON COBWEB\Grinder Pump Service Agreement Rev. 06 2019.docx Page 4 of 5 Grinder Pump Service Agreement Rev. 06/2019 EXHIBIT "A" PORTION OF 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 3782-001-001-0005 1424 17TH STREET LEGAL DESCRIPTION PARCEL I: LOT 1, PLAT OF O'MARAVILLE, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 114, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE FOLLOWING DESCRIBED TRACT: THE EAST 20 FEET OF LOT 1, BLOCK 1, PLAT OF O'MARAVILLE; EXCEPT THE SOUTH 208.5 FEET THEREOF AS MEASURED ALONG THE WEST LINE OF SAID LOT 1; PARCEL II: THAT PORTION OF GOVERNMENT LOT 2, SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, PLAT OF O'MARAVILLE, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 114, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE N10*131 218.30 FEET; THENCE EAST 40 FEET; THENCE SOUTH TO THE SOUTHERLY RIGHT OF WAY MARGIN OF PHILLIPS STREET; THENCE WEST ALONG SAID MARGIN TO THE POINT OF BEGINNING; EXCEPT THAT PORTION ON THE SOUTH FOR PHILLIPS STREET; AND EXCEPT THE EAST 45 FEET THEREOF, AS MEASURED PARALLEL TO THE EAST LINE OF SAID TRACT; PARCEL III: THAT PORTION OF GOVERNMENT LOT 2, SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, CONVEYED TO TED K. PHILLIPS AND ROSALIE M. PHILLIPS IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 1034602, DESCRIBED AS FOLLOWS: THE NORTH 25 FEET OF THE EAST 45 FEET, AS MEASURED PARALLEL TO THE EAST LINE THEREOF, OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, PLAT OF O'MARAVILLE, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 114, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE N10* 13E 218.30 FEET; THENCE EAST 40 FEET; THENCE SOUTH TO THE SOUTHERLY RIGHT OF WAY MARGIN OF PHILLIPS STREET; THENCE WEST ALONG SAID MARGIN TO THE POINT OF BEGINNING; EXCEPT THAT PORTION ON THE SOUTH FOR PHILLIPS STREET. Page 5 of 5 Grinder Pump Service Agreement Rev. 06/2019