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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
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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
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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 ~
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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'
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-~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