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HomeMy WebLinkAboutTARGETT (1)Filed for Record at Request of: When Recorded Return to: Name: City Clerk Address: 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT WITH BOND TO BE FILED WITH CITY CLERK Project Name: Tarl~ett Short Plat Developer Name: Victor Targett Location: First Street Tax Parcel # 222401 - 1-002-2007 WHEREAS the City of Bremerton requires cemiin land developments to include public and private improvements including, but not limited to gutters, sidewalks, curbs, street lights, street widening and stormwater improvements, as a condition for plat, P.U.D., or building permit; and WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Exhibit "A" and attached hereto by reference herein, (hereinafter "Premises") has made application for Short Plat which requires construction of a shared access driveway and approximately 60 LF of sanitary sewer main according to SP96-0007. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremerton (hereinafter "City"), in consideration of the City's approval of Owner's project and the mutual covenants set forth herein, the parties do hereby promise and agree as follows: 1. Bond. The Owner shall post with the City Clerk a bond or bonds in an amount equal to one hundred percent and fifty (150%) of a Contractor's estimated cost of construction of the improvements, described in Exhibit B and as approved by the City Improvementa Agr~nont Page 1 Engineer, in the amount of $22,351.73. The bond shall provide, as a minimum, the following: a. The Owner shall complete the project in accordance with good and accepted engineering and construction practice. b. The Owner shall fully comply with all terms of this agreement. c. The Owner shall fully comply with all requirements of law in carrying out the project, and shall comply with all lawful requirements imposed by any agency with jurisdiction relating to the project. d. The bond shall be effective for at least two years after completion of construction unless affirmatively released sooner by the City, and shall guarantee the completed projects against defects in workmanship and materials. Bond amount during guaranteed period shall be twenty percent (20%) of the project cost. e. The bond must be approved by the City of Bremerton's Risk Manager and may take any of the following forms: 1) One or more surety bonds issued by any surety company licensed to do business in the State of Washington 2) A cash deposit in the full bonded amount deposited with the City Treasurer. 3) An assignment of funds on deposit in a licensed bank or credit union, in the full bonded amount and releasable only upon order of the City Engineer upon satisfactory performance of this agreement. 2. Construction of Improvements. The Owner shall construct the improvements, described in Exhibit "B", as directed by the City within two (2) years of submitting the bond to the City for the construction of said improvements, unless an alternative time has been mutually agreed upon. If the Owner fails to construct said improvements within the time described above, the City shall have the authority to construct said improvements. The bond shall be forfeit to pay the costs of construction. Costs incurred by the City in excess of the bond shall be assessed against the Owner and filed and recorded as a lien on the Premises under procedures for a mechanic and materialman's liens. Improvements A49-eement Page 2 3. Covenant. The undersigned further agrees that this Agreement and the promises made herein shall be binding upon the undersigned and their heirs, successors, and assigns. 4. Standards. Owner agrees to construct said improvements in compliance with City standards in effect at time of construction. 5. Permits. Owner shall obtain a Right-of-Way permit from the City for all work performed within the City Right-of-Way. Owner shall also obtain all other permits required to complete the improvements. STATE OF WASHINGTON) COUNTY OF KITSAP ) On this day personally appeared before me V~a-'Poc to me known to be the individual(s) described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and dee~ for th~o, ses and purposes tll~ii~lti~gtentioned. GIVEN ufldro~y hand aa~ill~]~'~RTlt day of IqOYEI~ER ,1996. at: My appointment expires: 12/01/99 CITY OF BREMERTON ACCEPTED: DIRECTO~R I~W UTILITIES 96805\bk lmprovements Agt'eemu-nt Page 3 EXHIBIT A SUBJECT TO AND TOGETIIEI~ WITH EASEMENTS OF RECORD. 3~.~.Ti. IF.E WITH flME-~l~b IN~EEST I~ ~A~T ~A' TOGE~E~ ~l~ OHE-THI~ I~T I~ T~A~T EXHIBIT B Construct 200 lineal feet of shared access driveway. The driveway shall be 18 feet wide and consist of 2 inches of Class B asphalt over 4 inches of crashed surfacing. Also construct 60 LF of 8 inch sanitary sewer main with all necessary structures and appurtenances. ASSIGNMENT OF FUNDS IN LIEU OF BOND THIS ASSIGNMENT is for ensuring completion and guarantee of the assignor's construction of The ~dersigned, does hereby assign to the City of Bremerton all right, title and interest in f~ds in the amour of $~/~/, ~3. deposited in accost nu~er DEV L0~ at the CONTINENT~ SAVINGS/SEATTLEBank in the name of CONTINENTAL SAVINGS B~K The City is hereby authorized to draw upon the f~ds in case of the occurrence of any of the followin~ events: 1. Failure of the assi~or to complete the project in accordance with accepted engineerin~ practice; 2. Failure to comply with the project plans approved by the City Engineer and ~he Director of Comm~ity Development; 3. ~y failure of the assi~or to comply with retirements imposed by law or by any ~over~ental a~ency with jurisdiction; 4. Failure to complete project and obtain final approval from the City before ~~ // ~ , 19 ~. The City is authorized, in case of the occurrence of one of the described events, to draw upon the accost to complete the project, correct any defects discovered, pay re~ired costs and fees, or do any other thing re~ired to bring the project to timely and proper completion. The City may, in addition, withdraw f~ds deposited ~til an affi~ative, written release of the deposit is received from the City. If ~he City draws do~ part but no~ all of the f~ds held by the Bank, pursuant to this assi~ment, any residual f~ds shall be released to the assignor upon written release by the City, but s~ject to any lien filed by the City for monies owing the City for any reason. ASSIGNMENT OF FUNDS -I- CSB-SHELLY COUEY 692-1721 EXECUTED, this the ay of .~/9~'~z?~ 1996, for the Assignor, ~/~7/19,"~, ~q~-.f;~ ~ : ACCEPTANCE The undersigned warrants that he/she is authorized to execute this assignment of funds for the Bank; that the account named has the required funds in it; that the Bank accepts this assignment and all the terms contained in it; and the funds will be held until either drawn down by the City in accordance with this assignment, or a release, in writing, is received from the City. ACCEPTED, this the llTH day of NOVEMBER , 19 96, for the BRANCH MANAGER OF CONTINENTAL BANK: SAVINGS ASSISTANT VICE PRESIDENT Tit le/~, ~-. ~/~' APPROVED, for the CITY OF BREMERTON, this the ~7~ day of ~=~~_, 19 ~: LYNN HORTON, Mayor Attest: -KATH~EEN I~. McCLUSKEY City Clerk ±'AN R. SJEVERS City Attorney ASSIGNMENT OF FUNDS -2-