HomeMy WebLinkAboutBROADMOOR COMMONS LLCCITY OF BREMERTON 202305190142
Covenants Rec Fee: $ 211.50
05/19/2023 04:09 PM Page: 1 of 9
Paul Andrews, Kitsap Co Auditor
Return Address: City Clerk
City of Bremerton
345 6' Street, Suite 100
Bremerton, WA 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Covenant to Maintain Stormwater Facilities and Implement a Pollution Source Control
Plan
Reference Number(s) of Documents assigned or released: 201603300214
Grantor(s): 1. Broadmoor Commons LLC
x❑ Additional names on page 6 of document.
Grantee(s): 1. NA
❑ Additional names on page of document.
Legal Description: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
(abbreviated) SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON.
x❑ Additional legal is on page 7 of document.
Assessor's Property Tax Parcel/Account Number: 022401-1-102-2000
Page 1 of 8
DECLARATION OF COVENANT FOR THE MAINTENANCE AND OPERATION OF
STORM DRAINAGE FACILITIES
BROADMOOR COMMONS — BD21 00005
Whereas the City of Bremerton (City), a municipal corporation of the State of Washington,
has rights under City ordinances, codes and Washington State statutes to regulate stormwater
drainage,
Whereas the State of Washington, Department of Ecology (DOE), has issued a Western
Washington Phase II Municipal Stormwater Permit, a National Pollution Discharge Elimination
System (NPDES) and State Waste Discharge General Permit (Permit) in compliance with
provisions of the State of Washington Water Pollution Control Law Chapter 90.48 Revised Code
of Washington and the Federal Water Pollution Control Act (The Clean Water Act) Title 33 United
States Code Section 1251 et seq.,
Whereas the Permit requires that a maintenance plan be completed and responsibility for
operation and maintenance be assigned for stormwater treatment and flow control BMPs/facilities
at new and redeveloped facilities,
Whereas the operation and maintenance of stormwater facilities and the implementation
of pollution source control best management practices (BMPs) is essential to the protection of water
resources. All property owners are expected to conduct business in a manner that promotes
environmental protection. This covenant contains specific provisions with respect to maintenance
of stormwater facilities and use of pollution source control BMPs. The authority to require
maintenance and pollution source control by private property owners is provided by ordinance.
Therefore, this covenant is entered into on ully executed below by and
between City of Bremerton, hereinafter "City" and Broadmoor ommons LLC, hereinafter
"Owner."
A. LEGAL DESCRIPTION AND RECITALS:
Owner is the owner of certain real property in Bremerton, Washington, referred to in this
covenant as the "property" and legally described on Exhibit "A".
Attached hereto and incorporated herein is Exhibit `B". Exhibit `B" is a system drawing
showing the stormwater facilities and listed BMP's that will be maintained by the Owner.
The property has or will have improvements, existing or new, including but not limited to:
buildings, pavement, and private stormwater facilities servicing Owner's "property". In order to further
the goals of the City to ensure the protection and enhancement of City's water resources, the
Owner(s) hereby enters into this covenant.
Page 2 of 8
The Owner(s), their heirs, successors and assigns, hereby covenant and agree that the
Owners, their heirs, successors and assigns, are responsible for the operation, maintenance and
repair of the Stormwater Facilities identified in this covenant.
The responsibilities of each party to this covenant are identified below.
B. OWNER REQUIREMENTS:
The owner shall:
(1) Prepare and submit for approval a Permanent Stormwater Control Plan (Plan), as defined in the
current Stormwater Management Manual for Western Washington, Volume I —Minimum
Technical Requirements and Site Planning, for stormwater facilities servicing Owner's property.
After approval, implement the operation and maintenance manual actions for each treatment and
flow control facility is necessary. If Low Impact Development (LID) is constructed, it must meet the
requirements of the LID Manual and City Standards. The Plan shall be kept on -site, with maintenance and
inspection records, and available for inspection by City Staff during normal business hours.
(2) Protect, preserve and maintain stormwater LID features and facilities in accordance with
current standards and shall not eliminate or modify existing LID without written approval from
the City.
(3) Ensure that maintenance is completed as identified in the Permanent Stormwater Control
Plan (PSCP), or the City's Stormwater Facilities Maintenance Manual and DOE's Stormwater
Management Manual for Western Washington if the PSCP cannot be found.
(4) Maintain a record (in the form of a log book) of steps taken to implement the programs
referenced in Section (B)(1) above. The log book shall be available for inspection by City staff at
Owner's business during normal business hours. The log book shall catalog the action taken, who
took it, when it was done, how it was done, and any problems encountered or follow-up actions
recommended. Maintenance items listed in the Plan shall be inspected on a monthly or more
frequent basis as necessary. Owner is encouraged to photocopy the individual checklists in the
Plan and use them to complete the monthly inspections. These completed checklists would then,
in combination, comprise the monthly log book.
(5) Submit an annual report to the City of Bremerton Public Works and Utilities regarding
implementation of the programs referenced above. The report must be submitted on or before May
15 of each calendar year and shall contain, at a minimum, the following:
(a) Name, address, and telephone number of the business, the person, or the firm
responsible for plan implementation, and the person completing the report.
(b) Time period covered by the report (January 1 — December 31).
Page 3 of 8
(c) A chronological summary of activities conducted to implement the programs
referenced in (1) above. A photocopy of the applicable sections of the log book, with any
additional explanation needed, shall normally suffice. For any activities conducted by paid
parties not affiliated with Owner, include a copy of the invoice for services.
(d) An outline of planned activities for the next year.
C. CITY ASSISTANCE:
The City will, as resources allow:
(1) Provide technical assistance to Owner in support of the Permanent Stormwater Control
Plan, and Owner's operation and maintenance activities conducted pursuant to the maintenance
and source control programs. Said assistance shall be provided upon request and at no charge to
Owner.
(2) Review the annual report and conduct site visits to discuss performance and problems with
Owner.
(3) Review Stormwater Control Plan with Owner and modify as necessary.
D. REMEDIES:
(1) If the City determines that maintenance or repair work is required for the private stormwater
facilities existing on and servicingthe Owner property, the City shall give the Owner written notice of
the specific maintenance or repair required and the time frame for completion of such repairs. The
City shall set a reasonable time in which such work is to be completed by Owner. Sixty (60) days
is the default time frame for remediation. If the required maintenance or repair is not completed
within the time set, written notice will be sent to the Owner stating the City's intention to perform
such maintenance and bill Owner for all incurred expenses. The City may remove Stormwater
Quality or Quantity credits if required maintenance is not performed and the system degrades due to
lack of maintenance.
(2) If at anytime the City determines that the stormwater system servicing Owner's property creates any
imminent threat to public health or welfare, the City may take immediate measures to remedy said
threat. No notice pursuant to Subsection (D)(3), below, shall be required under such
circumstances; provided, that, the City shall take reasonable steps to immediately notify Owner of
such emergency condition and work required to remedy such emergency and the location and
schedule for completion of such work.
(3) The Owner grants authority to the City for access to any and all private stormwater system
features for the purpose of inspection, and performing maintenance or repair as may become
Page 4 of 8
necessary under Subsection (D)(1) and (D)(2) above. Owner and the City shall make reasonable
efforts to coordinate scheduling of the City's entry and work to minimize interference with the use
of Owner's property. Prior to beginning work or immediately thereafter, the City shall make
available to Owner a written description of the specific entry and work to be performed and the
schedule for completion of such work as may become necessary under Subsection (D)(1) and
(D)(2) above.
(4) The Owner shall assume all responsibility for the cost of any maintenance and repair to the
stormwater facilities incurred in accordance with Subsection (D)(1 — 3) above. Charges for this
service will be based on current outside rates for equipment, staff and materials. Such
responsibility shall include reimbursement to the City within 30 days of Owner's receipt of the
invoice for any such work performed. Overdue payments will require payment of interest at the
current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by
the City will be borne by the parties responsible for said reimbursements. Fines issued to the City,
as the result of events occurring on the Owner's property, shall be passed on to the Owner.
E. INDEMNIFICATON:
If it becomes necessary for the City of Bremerton to perform maintenance or repair work
on the Property, the owner(s) agree to indemnify, defend and hold the City of Bremerton, and 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 Owners, their agents', and/or employees' negligence
and to the maximum extent permitted by law.
F. SUCCESSORS AND ASSIGNS:
This covenant is intended to protect the value and desirability of the real property described
above and to benefit all the citizens of the City. It shall run with the land and be binding on all
parties having or acquiring from Owner or their successors any right, title, or interest in the property
or any part thereof, as well as their title, or interest in the property or any part thereof, as well as
their heirs, successors, and assigns. The covenant shall inure to the benefit of each present or
future successor in interest of said property or any part thereof, or interest therein, and to the benefit
of all citizens of the City.
G. CONTACT INFORMATION:
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Page 5 of 8
Dated at Gar h , Washington, this ( tk day of Mk - 92023.
By:?
Authorized Agent or Owner
STATE OF WASHINGTON )
) ss
COUNTY OF Krff-Sn� Pi —cam )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, and on
oath stated that he/she was autho�ijed to execute the instrument and acknowledged it as the
o /�►e n �+� of Brvodmw- `o be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated at Bremerton, Washington, this 6-fk day of M-at- 32023.
-Notary Seal Must Appear Within This Box -
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
Notary Public in and for the State of Washington,
Residing at: 6"U- #Xrbex-
My appointment expires: '15/0"L'aS—
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0 21016208
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Page 6 of 8
EXHIBIT A
RESULTANT PARCEL E OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER
AUDITOR'S FILE NO. 201603300214, RECORDS OF KITSAP COUNTY,
WASHINGTON; BEING A PORTION OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON.
document2
Page 1 of 1
ructure Name
CB #1
CB #2
CB #3
CB #4
CB #5
CB #6
CB #7
Pipe Name:
P1
P2
P3
P4
P5
P6
P7
,,�.
ki aurow�.
document2
EXHIBIT A
EXHIBIT B
Type:
1
1
1
1
1
2
2
Size
12"
12"
12"
12"
12"
12"
12"
Structures
Pipes
Length: Material
27
CPEP
23
CPEP
27
CPEP
8
CPEP
33
CPEP
33
CPEP
56
CPEP
Owner:
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Owner:
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Broadmoor Commons
Page 1 of 1
STORM DRAIN ASBUILT
BROADMOOR COMMONS
SCALE 1" = 50'
5-4-2023
PROJECT#10698
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FILYERRA
k=l& N.L. Olson & Associates, Inc.
Engineering, Planning and Surveying
(360) 895-2350 or (360) 876-2284
2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366