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Home My WebLink AboutOYSTER BAY BREMERTON LLC • Return Address: City Clerk City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 CITY OF BREMERTON 202002040149 Covenants Rec Fee: $ 106.50 02/04/2020 12:03 PM Page: 1 of 4 Paul Andrews; Kitsap Co Auditor AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Declaration of Covenant Associated with Maintenance and Operation of Storm Drainage Facilities Reference Number(s)of Documents assigned or released: Grantor(s): 1. Oyster Bay Bremerton LLC Additional names on page of document. Grantee(s): 1. City of Bremerton Additional names on page of document. Legal Description: LOT A, CITY OF BREMERTON BINDING SITE PLAN NO. B-343,RECORDED (abbreviated) UNDER AUDITOR'S FILE NO.201809110139, IN VOLUME 23 OF BINDING SITE PLANS, PAGE 144,RECORDS OF KITSAP COUNTY, WASHINGTON, x Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 152401-3-195-2009 DECLARATION OF COVENANT ASSOCIATED WITH MAINTENANCE AND OPERATION OF STORM DRAINAGE FACILITIES Whereas the City of Bremerton, a municipal corporation of the State of Washington, has rights under City ordinances, codes and Washington State statutes to regulate stormwater drainage, and the City of Bremerton Department of Community Development has received an application for the development known as CHI Franciscan Family Medicine Residency Clinic which contains stormwater facilities both inside and outside the Right of Way(ROW) of the City of Bremerton. These stormwater facilities consist of roof drain piping systems, including laterals, shared roof drain conveyance piping, cleanouts and associated stormwater treatment systems (hereinafter "Stormwater Facilities") both on private property and within the ROW of the City of Bremerton. The Grantors, (hereinafter"Owner(s)") own real property situated in the City of 1 • Bremerton, Kitsap County, State of Washington (hereinafter "Property"), legally described as follows: See Exhibit A The Owner(s), their heirs, successors or assigns,hereby covenant and agree that: 1. The Owners are responsible for maintenance and repairs of the Stormwater Facilities located on the Property. 2. The City of Bremerton, or its designee, shall have the right to ingress and egress over the Property for the purpose of inspecting, sampling and monitoring the Stormwater Facilities components and discharges. 3. If, at any time, the City of Bremerton, reasonably determines that maintenance or repair work is required to be done to the existing and accepted Stormwater Facilities installed on the Property (which will mean repair or cleanout of the existing facilities only to the same standards as originally installed and accepted), the Director of the Department of Public Works and Utilities or his/her designee or the City's code enforcement officer may give the Owner(s) notice to cure to provide the necessary maintenance or repair work. The Owner(s) failure to cure shall be subject to the City's code enforcement program as codified in the Bremerton Municipal Code and the remedies and penalties set forth therein. 4. If the Owner(s) have not completed or are not diligently pursuing the maintenance or repair work to the facilities as required in the notice to cure, the City of Bremerton may perform such maintenance or repair work or to have them performed by others. If it becomes necessary for the City of Bremerton to perform the work, in addition to any penalties assessed for failure to cure, the Owner(s) shall be responsible for the cost of such maintenance or repair work and shall reimburse the City of Bremerton within thirty (30) days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City of Bremerton, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements. 5. If, at any time, the City of Bremerton reasonably determines that the existing and accepted Stormwater Facilities installed on the Property poses a hazard to life and limb, or endangers property, or adversely affects the safety and operations of a public way, due to failure, damage or non-maintenance, and that the situation is so immediate and adverse as to preclude written notice to the Owner(s), the Director of the Department of Public Works and Utilities may take the measures necessary to eliminate the hazardous situation provided the Director, or his/her designee,has first made a reasonable effort to locate said Owner(s)before acting. 6. The Owner(s) will assume responsibility for the cost of such maintenance or repair work and will reimburse the City of Bremerton within thirty (30) days of receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the City of Bremerton, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements. 7. The Owner(s) will keep the City of Bremerton informed at all times as to the name, address and telephone number of the contact person responsible for the performance of maintenance or repair work to the Stormwater Facilities. 8. If it becomes necessary for the City of Bremerton to perform maintenance or repair 2 work on the Property, the owner(s) agree to indemnify, defend and hold the City of Bremerton, or its designee, harmless from any and all claims arising from any activity the City of Bremerton undertakes on the Property to the extent of the Owner's, their agents', and/or employees' negligence and to the maximum extent permitted by law. 9. These covenants are intended to protect the health, safety and welfare of the public, protect the Property, and to benefit all the citizens of the City of Bremerton. They shall run with the land and be binding on all parties having or acquiring from the Owner(s), their heirs, successors or assigns, any right, title or interest in the Property or any part thereof. They shall inure to the benefit of each present interest or future successor in interest of said Property or any part thereof, or interest therein, and to benefit of all the c. 'zen of the City off Bremerton. / '� / 1 / , / I/14&( Owner t /1 t2IL&4 : JAI ' rd L . Otrier STATE OF WASHINGTON ) ss COUNTY OF le-Ts-PcP-Ciod2) On this day personally appeared before me 4'\J LQ \b NQ._ , to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this g-e-day of C)c \c c , 0\G\ .. Legal Description approved for recording by the City of Bremerton D velopment Engineering NOTARY PUBLIC in and for the State of l«I`i Washington,residing at \ .c..cyc-C-.0...... / Date T - • Please return a copy of the recorded My Commission expires: \O- v document to Dev.Eng. ..y PNNE Ai& u + .i. gym, i i - • N. • A �4 % C. _ _ 0-08 3 • EXHIBIT A SITUATE IN THE CITY OF BREMERTON,COUNTY OF KITSAP, STATE OF WASHINGTON. LOT A,CITY OF BREMERTON BINDING SITE PLAN NO.B-343,RECORDED UNDER AUDITOR'S FILE NO. 201809110139,IN VOLUME 23 OF BINDING SITE PLANS,PAGE 144, RECORDS OF KITSAP COUNTY,WASHINGTON,BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 15, TOWNSHIP 24 NORTH,RANGE 1 EAST, W.M.,RECORDS OF KITSAP COUNTY,WASHINGTON;TOGETHER WITH AND SUBJECT TO EASEMENTS AS DEPICTED ON SAID SHORT PLAT. 4