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HomeMy WebLinkAboutDRAGOVICH, NICHOLAS & TARAReturn Address: City Clerk City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 CITY OF BREMERTON 202301270002 Agreement Rec Fee: $ 213.50 01/27/2023 08:33 PM Page: 1 of 11 Paul Andrews, Ki t 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)/ Declarant: 1. Tara Lynn & Nicholas Joseph Dragovich x Additional names on page 3 of document. Grantee(s): 1. City of Bremerton, a Municipal Corporation x Additional names on page 5 of document. Legal (abbreviated) Description: 15241E NW 'A of SW 'A of SEC 15, TWP 24, RNG lE x Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number: 3748-002-003-0103 I GRINDER PUMP SERVICE AGREEMENT This Agreement is made this a day of Oete'iube-r, 2022 between the CITY OF B REMERTON, a municipal corporation ("City") and Tara Lynn and Nicholas Joseph Dragovich ("Owner"). Page 1 of 7 Grinder Pump Service Agreement Rev. 09/2021 SECTION l: 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 regulations and the payment of all fees and charges 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 pursuant to this agreement which 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: 'HAMS AND COPIDITIONS 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 arca 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 thc property to construct thc 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 Page 2 of 7 Grinder Pump Service Agreement Rev. 09/2021 be adopted by the City and shall include but not be limited to the prohibition of glass, metal, plastic, 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 umt, 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 hauuuless and not responsible for damages to Owner or any third party arising out of any damage to personal or real property caused by the grinder pump unit 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 resulting in in 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. 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 ���/ ►� �� u� Tara ynn Dragovich ("Owner") By Nicholas Jo [Notary Acknowledgement on Next Page] Page 3 of 7 Grinder Pump Service Agreement Rev. 09/2021 ragovich ("Owner") STATE OF WASHINGTON COUNTY OF KITSAP I certify that I know or have satisfactory evidence that —Tara nn ID r OQ ttin 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. 2022. GIVEN under my hand and official seal this otiti1t11no 4:• tAi. z� ••O�N4oi,,ft•0 0 04 TAS • HOTAgy Nes- •is • • PVBLIc is as '9 • • • ;ion #°it .1/4.,A;40C1C•• . • �, 4,• 1 • 43/4 ����lllllll 1 11,C ACCEPTED this 2,7 day of t)ccen-, hex-- , 2022. '271 day of 1)e-Cetnert 6./Vnann Nofary Public in and for the State of Washington, residing at V-4 My appointment expires (CCU,' j 2 a , STATE OF WASHINGTON COUNTY OF KITSAP I certify that I know or have satisfactory evidence that A/icho/as jabscpA fDrawat 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. 2022. GIVEN under my hvtIASp,liv `,pb+�ial seal this rat' tWer • •0 e3/4 ••,Ay 44:43/9;°. ,` �4ct 000TA R Y • • — • • • ri • • PUBOG • leek • 0 eisab y• 400 400 ago 00 ass i Gap eft 1411, o' • e(4.401 # 2.° • es • doe • iss ion • • • OF. WAS\a‘‘ •lll111111111n �%� day of Deesen bcfr t4*fl' Notary Public in and for the State of Washington, residing at ( fSC4fl My appointment expires /'Vl cY.c� / 2003 ACCEPTED this if ic day of L\ mb y Page 4 of 7 Grinder Pump Service Agreement Rev. 09/2021 2(42k aO3 DEPARTMENTAL APPROVAL OIMMAS KNUCREY rector Public Works & Utilities CITY OF BREMERTON APPROVED AS TO FORM KYLIE J. FINNELL, City Attorney R:'L.egal\LegalWorms\FORMS ON COBWEB\Grinder Pump Service Agreement Rev. 09 2021.docx Page 5 of 7 Grinder Pump Service Agreement Rev. 09/2021 EXHIBIT "A" 15241E THAT PORTION OF LOTS 2 AND 3, BLOCK 2 OF THE PLAT OF GOODFELLOW S NAVY YARD TRACTS AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 52, RECORDS OF KITSAP COUNTY WASHINGTON AND ALSO BEING A PORTION OF SAID LOTS 2 AND 3 AS DESCRIBED IN DEEDS, RECORDED UNDER AUDITOR S FILE NOS 872378 AND 8510010250 AND 85100^0251, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE SO*03150 E ALONG THE EAST LINE OF SAID LOT 3 A DISTANCE OF 140.49 FEET TO A CAR AXLE SET IN CONCRE'I E; THENCE LEAVING THE EAST LINE OF SAID LOT 3 RUN N87*42'50 W 18.28 FEET THENCE S73* 17'10 W 84.16 FEET TO A CAR AXLE SET IN CONCRE I'E ON THE WEST LINE OF SAID LOT 3; THENCE CONTINUE S73 * 17' 10 W 3.08 FEET TO A POINT ON A LINE 3.0 FEET WEST OF THE WEST LINE OF SAID LOT 3 • THENCE ALONG THE WESTERLY LINE OF THE TRACT DESCRIBED IN DEED OF AUDITOR'S FILE NOS 872378, NO*03'50 W 22.16 FEET; THENCE N41 * 14'08 W 75 84 FEET TO THE GOV'T MEANDER LINE AS SHOWN ON SAID PLAT; THENCE N40*53'20 E ALONG SAID MEANDER LINE 81.60 FEET MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT 3 AND THE NORTHEAST CORNER OF SAID TRACT DESCRIBED IN DEED OF AUDITOR'S FILE NO. 872378; THENCE N75*48 20 E 101.95 FEET ALONG THE MEANDER LINE TO THE NORTHEAST CORNER OF SAID LOT 3, THE POINT OF BEGINNING. TOGETHER WITH SECOND CLASS TIDELANDS FRONTING AND ABUTTING SAID LOT 3. ALSO, TOGETHER WITH AN EASEMENT FOR INGRESS EGRESS AND UTILITIES OVER AND ACROSS LOT 4 OF BLOCK 2 OF THE PLAT OF SAID GOODFELLOW S NAVY YARD TRACTS, AS DESCRIBED IN EASEMENT RECORDED UNDER AUDITOR'S FILE NO 825215 AND FILED IN VOLUME 808, PAGE 692 OF DEEDS, RECORDS OF KITSAP COUNTY, WASHINGTON. Page 6 of 7 Grinder Pump Service Agreement Rev. 09/2021 Subject parcel #3748-002-003-0103 Grinder Pump Service Agreement Rev. 09/2021 EXHIBIT "B" CITY OF BREMERTON Public Works and Utilities 100 Oyster Bay Avenue N Bremerton, WA 98312 CUSTOMER INFORMATION FOR CORRECT USE AND MISUSE OF GRINDER PUMP SYSTEM (4 pages) This document describes the coirect use and misuse of a grinder pump system in the City of Bremerton in accordance with the City's Grinder Pump Service Agreement and Bremerton Municipal Code. The grinder pump system takes liquid waste from your residence or business and pumps the waste to the City's sewage conveyance system located in the public right of way. The grinder pump system includes a pump tank and all mechanical/electrical equipment inside the tank, alarm/breaker panel, and pump valve box located next to the pump tank. The system is owned by the City of Biemierton. Additional valve boxes are installed on the property and at the property line to allow for cleaning and maintenance of the pressure discharge line. The existing sewer lateral from the residence/building to the tank, as well as the pressure discharge line from the pump tank outlet to the property line, are owned by the property owner. As the owner or tenant, you are responsible for proper usage of the grinder pump system. This information is being provided to all new grinder pump owners and/or tenants and becomes part of your Grinder Pump Service Agreement with the City. It is essential that certain precautions be observed at all times to insure safe and reliable operation of the system Impioper care or misuse of the system could cause a failure that may result in a sewage back up into the residence, as well as costly repairs being billed directly to you. Maintenance of the system is performed by a maintenance contractor under a service contract to the City of Bremerton. The contractor is responsible for preventive maintenance, planned corrective mamtenance, and 24 hrs/day emergency maintenance. Under normal circumstances, the fees for these services are included in the monthly sewer bill. However, all costs incurred by the City of Bremerton as a result of customer misuse of the system will be billed to the customer. Additional fees may also be billed to the customer if maintenance access to the system is denied or restricted. If you have any questions about your system or need to report an emergency, please contact the maintenance contractor. The contact information for the maintenance contractor will be provided to you separately. Your call will typically be returned within one hour. If necessary, to resolve an emergency, a site visit will be made within four hours If you need additional assistance during an emergency, contact the City's emergency response line at (360) 473-5920. Frequently Asked Questions Why should I be familiar with the grinder pump system? Some problems can be inadvertently caused by the property owners or their tenants because of their lack of understanding of their grinder pump system. Circuit breakers can be left off, too much flow can be added to the system, maintenance access can be obstructed, or prohibited substances can be flushed into the system. Simply taking the time to become familiar with the system can help to avoid many costly mistakes. Remember, your grinder pump serves only your property and what you do directly affects its operation. Any costs incurred as a result of customer misuse, either intentional or unintentional, will be charged to the customer. What are my responsibilities? • As the homeowner or tenant, you own and are responsible for: (1) the sewer lateral from your residence/building to the grinder pump tank inlet; (2) the pressure discharge line from the pump valve box (next to the grinder pump tank) to the system point of connection at the property line (3) the power distribution system, including the emergency transfer switch (if installed) from the building to the grinder pump alarm/breaker panel. • The Service Maintenance Contractor is responsible from the pump basin inlet, through the pump, to the pump valve box and for the electrical equipment from the pump alarmlbreaker panel to the pump motor. • The City is responsible from the connection to the City sewer at the property line to the City's treatment plant. What services are covered by my monthly grinder pump sewer charges? Your monthly grinder pump sewer charges cover preventive maintenance, repair of normal wear and tear, and 24/7 emergency stand-by response capabilities. Generally, what constitutes misuse of the grinder pump system? • Flushing prohibited substances into the grinder pump system as described herein. • Constructing unauthorized alterations around the pump tank or alarm panel that prohibit access by the City and their maintenance contractor. What are prohibited substances? Prohibited substances that must not be flushed into the grinder pump system include glass, metal, shells, disinfectant wipes (flushable and non-flushable), rocks, diapers, rags, cloth, sanitary napkins, tampons, plastic, gasolines, motor oil, flammable material, explosives, large amounts of cooking oillgrease. The grinder pump must grind all solids into small pieces before they can be pumped into the city sewer. These prohibited substances can cause premature wear on the pump or plug the pipes. These substances can also cause costly problems to the downstream infrastructure and treatment plant. Customers will be charged for cost of repair for damage caused by flushing prohibited substances into the grinder pump system. Why must the grinder pump tank lid be above ground level? First, maintenance personnel must have access to the pump tank lid. Second, installing the lid above grade prevents groundwater from entering the tank. What if my home is going to be unoccupied for longer than a couple of weeks? It is recommended that you flush your grinder pump system before you leave by running clean water into the unit for several minutes until the pumps activate. Do not disconnect the power to the unit. What should I do before I dig? Your grinder pump system includes buried piping and electrical systems located on your property. If you think that you will be digging near these items and are uncertain of the exact location, you should call 1-800-424-5555 (Washington Utility Notification Center) and a qualified technician will be scheduled to make a site visit to assist in locating the underground utilities on your property. For non -emergency work, allow 3-5 working days for service. What should I do in an emergency? First, cut your water use back to a minimum and then call your Maintenance Service Representative. They typically will return your call within an hour. Many times, they will be able to help you troubleshoot and correct the problem without requiring a site visit. This is where your understanding and familiarity with the system will come in handy If necessary, they will make a site visit to correct an emergency within four hours. What should I do in an electrical power outage? Your residential grinder pump system will not work without power. Neither the Maintenance Service Representative nor the City are responsible for providing power to your system during a power outage. Most power interruptions are of a short duration and are of little concern. Simply limiting your water use during this time will avoid any problems. For longer duration power interruptions, the grinder pump system can be supplied power through a manual electrical transfer switch if one is installed. This is a procedure that requires close attention to detail that should be practiced before an emergency occurs. Any damage caused to the grinder pump system by improper operation will be charged to the customer Summary of Grinder Pump System Operating Tips Your familiarity with the precautions outlined below is important to the reliable operation of your grinder pump system. • Become familiar with the general function, layout, and limitations of the system. • Know the location of the pump tank and alarm/breaker panel outside your home and the location of the grinder pump system circuit breaker within your home • Do not flush prohibited substances into your grinder pump system. • Keep the pump basin and control panel easily accessible at all times. • Keep the top of the pump basm 2-3" above ground level. • Control the flow of hot tubs or other large tanks to the sewer, so as not to exceed the pumping capacity of the pumps. • Do not dig without first identifying the location of buried underground electrical cables and piping. • Limit water use during a power outage. • If you have an emergency generator that you plan to use for the grinder pump system, be familiar with your generator and the grinder pump system transfer switch before a power outage occurs. • In case of pump failure or system alarm, minimize water usage and contact the Grinder Pump Service Maintenance Representative. To silence the audible alarm, press the button on the bottom of the control panel. • If your residence is left unoccupied for more than a couple of weeks, it is recommended that you flush the tank with clean water before you leave. Thank you for your attention to these details. With proper system care and attention, your grinder pump system should provide many years of trouble -free service.