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HomeMy WebLinkAbout4342 +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit +press Del Key to Terminate Delete Mode + CHANGE + Contract Number + +vendor Name +Subject +oepartment +Status Code + + + + + + + + + + + + + + + + + =F + + + + + 11/18/2002 + 02/07/2004 + 02/15/2007 + =F + + + + + + + + 4342 Contract Transactions EVANS BREMERTON LLC PERMIT IMPROVEMENTS COMM DEVEL CON - 540 BRUENN AVE Insurance Type Amount Amount Begin Date End Date Review Date Insurance Total Insurance Review Date Comments LEGAL & DCD WORKING ON EXTENSION 1/04 VAULT 01/01/2007 $0.00 +--------------------------------------------------------------------------+ 20030521 0155 BREMERTON CITY OF 8GMT ~6.88 Kitsalo Co, WA Return Address: Ci~ Clerk's Office Ci~ of Bremerton 239 Fomh S~eet Breme~on, WA 98337 AUDITOPJRECORDER'S INDEXING FORM Document Title(s): 1. Agreement to Construct Improvements Reference Number(s) of Documents assigned or released: Grantor(s): l. Evans Bremerton, LLC ~}] Additional names onpage of document. Grantee(s): 1. City of Bremerton ~_] Additional names onpage of document. Legal Description: SE ¼ SW ¼ S16 T24N RIE (abbreviated) ~ Additional legal is on page Attacltment A of document. ~seesor's Property Tax Parcel/Account Number: 162401-4-078-2008 ORIGINAL AGREEMENT TO CONSTRUCT PERMIT IMPROVEMENTS THIS AGREEMENT is made by and between the City o£ Bremerton, a municipal corporation, duly organized and existing under the laws o£the State of Washington (the "CITY"), and Evans Bremcrton, LLC, a Washington limited liability company ("EVANS"). 1. Purpose. 1.1 EVANS has applied to the CITY for a building permit required to remodel and occupy a building ("Building Permit") located at 540 Bruenn Avenue in the City of Brcmerton ("PROPERTY"). (See Attachment "A" for complete legal description). The Building Permit is ready to be issued by the CITY. 1.2 The Bremerton Municipal Code requires certain exterior site plan improvements as defined in Section 2.2 below to be constructed by EVANS as a condition of issuing the necessary Building Permit. 1.3 EVANS has asked that he be allowed to defer completion of the construction of the required exterior site plan improvements for one year. 1.4 The CITY has agreed to forgo its fights to require construction of the required exterior site plan improvements prior to conditional occupancy in consideration of the following conditions, which EVANS has agreed to on behalf of himself, his heirs, successors and assigns. 2. Improvements. 2.1 EVANS shall construct the site plan improvements described in Section 2.2 below on the PROPERTY pursuant to City of Bremerton construction standards. 2.2 Site plan improvements will include certain drainage improvements pursuant to Chapter 15.04 BMC, and, parking, landscaping and site lighting as reasonably required by the CITY's site plan review process set forth in BMC 21.02.620 ("Improvements") and city codes and construction standards. 3. Cost of Improvements. 3.1 EVANS shall contract for and pay all costs of construction of the Improvements as described in Section 2.2 above. The Improvements to be constructed, pursuant to this Agreement and any applicable Bremerton construction standards, will not be contracted for until such time as the 100% engineered plans have been approved by the CITY. EVANS shall pay all review and/or permit fees applicable at the time the 100% engineered plans are submitted for City review and approval and any and all applicable fees that may be reasonably incurred or assessed subsequent to submittal of such plans. 1 85/21/2883 89;59A BR£M£RTON CITY OF AGMT $~6.88 Kitsap Co, W~ 4. Conditions to Issuance of Building Permits and Certificate of Occupancy. 4.1 EVANS agrees to construct the Improvements as described in Section 2.2 within one year of Building Permit issuance. 4.2 The CITY will issue the Building Permit within two business days of execution of this agreement. 4.3 CITY will issue a temporary certificate of occupancy ("TCO") to EVANS for operation of the Bowling Center upon completion of the building improvements included in the Building Permit. However, continued operation of the Bowling Center, and continued possession of the TCO by EVANS, is expressly conditioned upon EVANS ' compliance with the terms and conditions of this Agreement, including but not limited to the specific terms and conditions set forth in this Section 4. 4.4 Before a TCO will be issued, EVANS shall complete the following: 4.4.1 Submit 50% site plans for the Improvements as reasonably defined by the City Engineer stamped by a civil engineer. The final scope of drainage Improvements will be defined by CITY as set forth in Chapter 15.04 BMC. 4.4.2 Submit an itemized cost estimate based on the 50% site plans to construct the Improvements. 4.4.3 Submit a design and construction schedule for completion of the Improvements. 4.4.4 EVANS shall provide the CITY with a specific performance bond, assignment of funds, or letter of credit ("Surety") in a form acceptable to the CITY, in the amount of 150% of the engineer's estimate submitted under Section 4.3.2 above, to guarantee construction of the Improvements. Upon approval of the 100% engineered site plans, the Surety will be adjusted to reflect 150% of the engineer's estimate based on the plans. This Surety shall remain in effect until the Improvements have been constructed and accepted by the CITY, at which time the amount shall be decreased to a One Year Maintenance Bond or other Surety, in an amount of 10% of the cost of the Improvements. 5. Remedies. 5.1 Without waiving any other remedies available to the CITY at law or equity, should EVANS fail to construct the Improvements in accordance with the terms and conditions of this Agreement, or in accordance with any other reasonable requirements or conditions placed by the CITY through any other reasonable exercise of its authority over this development, then the CITY may exemise its rights under the Surety (see Section 4.5) to complete the Improvements. 2 85/81/8883 89:59A BR£M£RTON CITY OF AGMT $89.89 Kitsalo Co, WA 5.2 Should the amount of the Surety referenced heroin be less than the CITY'S actual construction costs for the Improvements, including all reasonable costs to manage its construction, EVANS shall remit to the CITY the entire amount exceeding the original bond amount within thirty (30) calendar days after receipt of CITY'S supporting documentation and notice to EVANS. If EVANS falls to make payment within 30 days of receiving such bill from the CITY, then the amount paid by the CITY shall be a lien against the PROPERTY and shall be forecloseable by the CITY. If any amounts remain from the Surety after the CITY has completed construction of the Improvements; the CITY shall remit the remainder to EVANS within thirty (30) calendar days of full payment of all reasonable costs to construct the Improvements. 5.3 As an alternative to the Remedy indicated in Section 5.1, the CITY may construct any required Improvements that EVANS fails to construct. If the CITY chooses to construct such Improvements, the CITY may charge EVANS for all reasonable costs associated with the construction of said Improvements. If EVANS fails to make payment within 30 days of receiving such bill and supporting documentation from the CITY, then the amount paid by the CITY shall be a lien against the PROPERTY and shall be forecloseable by the CITY. 5.4 In addition to the remedies provided herein, CITY may revoke the TCO as provided by law. 5.5 If a legal action is instituted by reason of any default or breach on the part of any party in the performance of any of its obligations pursuant to this Agreement, the parties thereto shall be responsible for their respective costs and attorneys' fees in connection therewith. It is agreed that the venue of any legal action brought in connection with this Agreement shall be in the state courts in and for Kitsap County Washington. This Agreement shall be governed by the applicable laws of the State of Washington. 6. Miscellaneous. 6.1 If any term, provision, condition or other portion of this Agreement is held to be inoperative, invalid or void, the same shall not affect any other term, provision or other portion of this Agreement, and the remainder of this Agreement shall be construed and shall be effective as if such term, provision, condition or portion had not been contained herein. 6.2 No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the CITY and EVANS. 6.3 Any notice of change of address or other notice appropriate under this Agreement shall be sent to all of the other parties to this Agreement at their respective addresses as set forth below, with copies to their respective attorneys, or at such addresses as may later be specified by any of them. Any Notice shall be deemed to have been 3 BREMERTOH CITY OF ASMT ~8.88 Kitzap Co, WA given on the date it is deposited in the U.S. Mails, return receipt, with postage pre- paid. 6.4 EVANS shall have the right to assign its respective obligations pursuant to this Agreement to any entity owning or obtaining an interest either in such party or in the real property which each owns as described in this Agreement. 6.5 This Agreement shall be recorded against the PROPERTY and shall remain recorded as an encumbrance against the PROPERTY until ail conditions of this Agreement have been satisfied. EVANS BREMERTON, LLC CITY OF BREMERTON a Washington limited liability company a municipal corporation By: F.W. Evans Its: Managing Member Ity' ts: Director of Comah~nity Development Approved as to Form: Approved as to Form: Scott M. Missall Roger A. Lubovich Short Cressman & Burgess PLLC City Attorney BR£HERTON CITY STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this ~ day of ~2~.e~_~_, 2002, before me a Notary Public in and for the State of Washington, personally appeared F.W. Evans to me known to be the Managing Member of EVANS BREMERTON, LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the limited liability company, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. No .u c ~ant: R°f ~k~ntngt°n N~Y PUBLIC, ~ ~d for ~e S~te ~~Was~gton, residing at ~~ ~ ~-.~ M-'~'~ y appo~tment expire~~ STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) this~"hma~.xlay of ~{~.t~, 2002, before me a Notary Public in and for On the State of Washington, persohally appeared Chris Hugo to me known to be the Director of Community Development of the CITY OF BREMERTON, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day ~above written. : : ~ I. /:~ ,~, ir'. .: ~ of Washington, residing at~ ~.O.~.~U My appointment expires ~ R:\LEGAL~Files\Current Active Files~Bowling Alley~Agreement to Construct Improvements-Final.doc 5 l llllll lllll[lllllfll[lllllllllllllllll BREMERTOH CITY OF A6MT ~6,~@ Kitsap Co, ATTACHM~ENT A to Agreement to Construct Permit Improvements (Legal Description of the Property) TH~qCE ~OUT~ 89'46'48' ~ 94.90 FEET TO ~ C~t~~ LII~ OF BR~ A~ o~ ~ ~ ~ ~ ~0~ ON ~.~U~ ~ ~0~ ~ ~r ~ B~E~E~TO~ CITY OF ASMT ~6.8g Kitsap Co, ~A THENCE NORTHWESTERLY ALONG TI-rE ARC OF 8AH3 CURVE FOLLOWING THE CBNTERLINE SAID CORST AVEIqUE, FOR A DISTANCE OF 120,94 FBBT; 1141~CE CONT~G ALONG SA2D CENTRRLII~ NORTH 2g°46'02" WEST 68.47 FEET;. THi~GI~ LEAVING ~ C~ AND RUN SOUTH 61'13'$8" WEST 10.00 ~ TO THE S~OUTItWEh-~rERLY MARGIN OF SAY. D GOR~T AVENUE AND Tfl~ TRUE POnqT OP BEGINNINO OF Tf~NC~ ~r~AVlN(~ S~D C~OP, ST AV~E MARO~ AND CONTINUE SOUTH ~1'13'$8' I~NCI~ SOUTH 4'2~'1~' EAST SO.J3 FEET TO A Po~rr ON A CURVE ON'TH~ NOklli~RLy . MAK~]N OF BURW~LL ~]~EET ~TfOSE RADIUS PO~T BHAP~ NORTR 22~32M]- P.A~T -~I~C~ ~ ~k~A~ ~l,y ALONO ~ AR~ OF ~D C~RVE AS DESCRIBED ~N A DEleD KIT~AP COUNT~. ~A.~NGTON. P, ECORDINO NO. 9309~ A DLTTANC~ O~ 149.3~ ~T TO A POINT O~4 · ~ W~S ~ ~aLY MA~IN OF APORI~A~D ~Ol~r AVENUE, ~D ~O~NT BEINO ON ~t~ ~t~ ~T ~R~ 0F VA~ ~ ~. VA~t~ BY Ot'~ O~ 05/21/2003 05;59R BR2M£RTON CITY OF 8OMT ~8.(~0 Kitsap Co, WR