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HomeMy WebLinkAboutMENTOR, LOUWhen ~eoor~eu ~eturn to: KIT~P COUNTY $~0. O0 CHCK Name: Bremerton city Clerk :ILED-BY: CITY OF B~RTON ~ ~T~, t~6, 9:~ ~ddress: 239 Fourth Street KA~ FLY~, ~ITOR ~remerton, ~. ~0 )~: ~ 1535, 1537, 1539 C~r Blvd. ~ntor, Louis SATISFACTION OF IMPROVEMENTS AGREEMENT WITH BOND (For Use in the State of Washington Only) KNOW ALL MEN BY THESE PRESENTS: That the undersigned filed an Improvements Agreement with Bond on the 3rd day of June, 1996, with the Kitsap County Auditor under Auditor's Recording No. 9606030312, for construction of improvements to that real property within the City of Bremerton, legally described as follows: THE NORTH ONE-THIRD OF TRACT 11, BLOCK 2, PLAT OF BRENTWOOD PARK, AS PER PLAT RECORDED IN VOLUME 50P PLATS, PAGE 6, RECORDS OF KITSAP COUNTY. SITUATE IN KITSAP COUNTY, WASHINGTON. LOTA A-F-I~: 96102,EM]032 REEL ~2 FR tt78 A PORTION OF THE NORTH ONE-THIRD OF TRACT 11, BLOCK 2, PLAT OF BRENTWOOD PARK, AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING EAST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH ONE-THIRD OF TRACT 11; THENCE ALONG SOUTH LINE THEREOF S 90° W - 108.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 0° E - 83.23 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID TRACT 11 AND THE TERMINUS. EXCEPT THE NORTH 20 FEET THEREOF. SITUATE IN KITSAP COUNTY, WASHINGTON. A PORTION OF THE NORTH ONE-THIRD OF TRACT 11, BLOCK 2, PLAT OF BRENTWOOD PARK, AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING WEST OF THE FOLLOWING DESCRIBED LINE: SATISFACTION OF IMPROVEMENTS AGREEMENT %;ITH BOND - 1 MENTOR.ROE - R~al Estate - 10/ COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE SAID NORTH ONE-THIRD OF TRACT 11; THENCE ALONG THE SOUTH LINE THEREOF S 90° W - 108.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 00° E - 83.23 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID TRACT 11 AND THE TERMINUS. AND LYING EAST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTH ONE-THIRD OF TRACT 11; THENCE ALONG NORTH LINE THEREOF N 90° E - 92.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 0° W - 20.00 FEET; THENCE S 90° W - 10.00 FEET; THENCE S 0° W - 63.23 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID NORTH ONE-THIRD OF TRACT 11, AND THE TERMINUS. EXCEPT THE NORTH 20 FEET THEREOF. SITUATE IN KITSAP COUNTY, WASHINGTON. LOT ¢ [ l'32 FR t t 79 A PORTION OF THE NORTH ONE-THIRD OF TRACT 11, BLOCK 2, PLAT OF BRENTWOOD PARK, AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, WASHINGTON, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COPEMENCING AT THE NORTHWEST CORNER OF SAID NORTH ONE-THIRD OF TRACT 11; THENCE ALONG NORTH LINE THEREOF N 90~ E - 92.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 0° W - 20.00 FEET; THENCE S 90° W - 10.00 FEET; THENCE S 0° W - 63.23 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID NORTH ONE-THIRD OF TRACT 11, AND THE TERMINUS. SITUATE IN KITSAP COUNTY, WASHINGTON. Said Agreement has been satisfactorily completed, improvements accepted by the undersigned, and the Bond for construction of improvements is hereby released, discharged and of no force or effect. IN WITNESS WHEREOF Bond claimant has executed this Bond Release at Bremerton, Washington, this /~ day of October, 1996. CITY OF BREMERTON LYNN HORTON, Mayor SATISFACTION OF IMPROVEMENTS AGREEMENT WITH BOND - 2 AN R. ~IEV~RS, City Attorney STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day, before me, Lynn Herren, Mayor of the City of Bremerton, the municipal corporation described in and that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument on behalf of said corporation. GIVEN under my hand and official seal this /_~day of ~ , ~' "~ ~ Notary P~lic in and for~e ~tate of : '~ %~ ~ ~ Washington, residing at~. · i. F. I: 96t, I]2tM]032 REEL 0932 FR I'ILSO SATISFACTION OF iMPROVEMENTS AGREEMENT WITH BOND - 3 Filed for Record at Request of: KITSAP COUNTY $13.00 CHCK When Recorded Return to: iLED-BY: CITY OF B~ERTON Name: City Clerk AREN FLYNN~ AUDITOR LER~: 8EU~$ Address: 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT WITH BOND project Name: Mentor Short Plat Developer Name: Louis Mentor Location: 1535, 1537, 1539 Carr Blvd Tax Parcel # 3719-002-011-0207 WHEREAS the City of Bremerton requires certain 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 A. F. #: 96tlta~303'~2 I~L 0~1~ FR WHEREAS the undersigned, as owner of real property within the City of Bremerton, described in Ex~dbit "A" and attached hereto by reference herein, (hereinafter "Premises") has made application for Short Plat which requires construction of an eighteen (]8) foot wide one hundred and fifty (150) foot long, shared access driveway according to Short Plat #SP -11-95. NOW, THEREFORE, the undersigned owner (hereinafter "Owner") and the City of Bremenon (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 Treasurer a bond or bonds in an amount equal to one hundred percent and fifty (150%) ora Contractor's estimated cost of construction of the improvements, described in Exhibit B and as approved by the City IMPROVEMENTS AGREEMENT I Engineer, in the amount of $6,000.00. 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 Attorney 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. A. F. #-' 9~:d:360303'12 REEL 0~3 FR ~7 IMPROVEMENTS AGREEMENT 2 SHORT PL~.T - C~I.R BOULEV~RD THE NORTH ONE-THIRD OF TRACT 11, BLOCK 2~ PLAT OF BP~TJ~fWOOD PARK, AS PER P~AT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY. SITUATE IN KITSAP C~.UNTY, WASHINGTON. A PORTION OF THE NORTH ON~-THIRD OF TRACT 11, BLOCK 2, PLAT OF BRENTWOOD PARK, AS PER PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY~ WASHINGTON, LYING EAST OF TH~ FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORRER OF SAID NORTH ONE-THIRD OF TRACT 11~ TH~NC~ ALONG SO~ T.T~.T~E~O~' ..~ 90° W' - 108.21 FE~T TO THE TR~E POINT OF BEGINNING~ THENCE N 0' E - 83.23 FEET, MOPE OR LESS, TO A. POINT ON THE NORTH LINE OF SAID OF TRACT 11 AND TRE TERHINUS. EXCEPT THE NORTH 20 FEET TNEPEOF. ' ~' ', SITUATE IN KITSAP COUNTY, WASHINGTON. [19'J. 3 FR A PORTION OF THE NORTH ONE-THI.~D OF TltAC~ 11, BLOCK 2, PLAT OF B~tENTWOOD PARK, A~ ~K PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, RECORDS OF KITSAP COUNTY, WASHINGTOH, LYIN~ WEST OF Ttt~ FOLLOWING DESCRIBED T-TN.E: - COMHENCING AT T~E ~OOTH~AST CORNER OF TH~ ABOVE SAID NORTH ONE-THIRD OF TRACT 11; T~ENC~ A~ONG TH~ SOUTH ~ THEREOF S 90' W - 108.21 FEET TO TH~ TRUE POINT OF BEGINNING; THENCE N 00' E - 83.23 FEET MORE OR LESS TO A POINT ON ~ .NORTH LINE OF SAID TRACT 11 AND THE TERMINUS. AND LYING ~AST OF T~ FOLLOWING DESC~tXBED LINE= COMMENCING AT ~ NOJtTH~EST CO~ OF SAID NORTH ONE-THIRD OF ,~I~kCT 11; THENCE ALO~ N~I~ LINE THEREOF N 90' E - 92.03 FEET TO THE TRUE POINT OF ~INNING; THENCE S O' # - 20.00 FEET; THENCE S 90' W - 10.00 FEET~ ~CE S 0'.W - 63.23 FEET, MORE OR LESS, TO A POINT ON THE SOUTN .LINE OF SAID NORTH ON~-THIRD OF TRACT 11, AND THE TERMINUS. ' EXCEPT THE NORTH 20 FEET THEREOF. SITUATE IN KITSAP CO[/NTY, WASHINGTON. & PORTION OF T"i~ NUll'I'll OI~-TNIJ~ OF TRACT la, SLOCK '~ PLAT OF ~.a~T~OOD PARK, AS PE~ PLAT RECORDED IN VOLUME 5 OF PLATS, PAGE 6, NECORD~ OF I[ZTS~P CO[INTY, #A~I~INGTON, LYING WEST OF T}LE FOLLOWING DESCRIBED LINE= C0~I~NCING AT THE ~ CORNE~t OF SAID NORTH ONE-THIRD OF TRACT 11; T~ENC~ ~ NOI~H ~ T~EREOF N 90' E - 92.03 FEET TO ~ .TRUE POINT OF B~q~T~N~ T]I~NUE S O' N - 20.00 FEET= THENCE S 90' N - 10.00 F~HT~ ~'S 0° #- G3.23 FEET, MORE OR LESS, TO A POINT ON T~ SO~ ~ OF ~D ~ 'ONI~-TRIRD OF T~ACT 11, AND SZ:TUATE IN KZTSA~ <::O~TY. WASHINGTON. EXItlR1T B Construct access road improvements including an eighteen (18) foot wide, one hundred and fifty (150) foot long shared driveway. The driveway pavemem shall consist of two (2) inches of asphalt placed over four (4) inches of crashed surfacing top course as shown on the short plat map. A. F. #." 96060303 ! 2 REEL 09t3 FR !690 INDEMNIFICATION AGl~ b~_aNT Contractor's Bond Account COPY Bank of Washington and hdld K~ Bank of Washington harmless from and against any and all liabfl/ty, loss, damage, claims or actions, including costs, expenses and legal fees, which may result from assigning the funds on deposit in Key Bank of Wa~l~gton account number /~'O~/.~St[ t.-/'7 ~(~' , in the name of ,/~,,-~,~' /t~.~/~/.~& t"- (~)~ ~j~ .~. I agree to pay any amounts due hereunder ondemand, and authorize you to setoff such amounts aga~l~s~ ~ '--/~ iffy otl~er deposit accounts with you. This agreement is made for the purpose of inducing Key Bank of Washington to accept the assignment of funds described above. A. F. #: 9~O~tL.,.,.,.,.,.,.,.,~;'s :2 ~ 091,;3 F'R 16~1 State of Washington County of thts / On ' '~ dayof the State of Washington, duly commissione~nd sworn, personally appeared before me (_~/~1 / to me known to be the individual who execu~d the within and foregoing instrument, and acknoivledged that he or she ~igned the same as his or her free and voluntary act and deed for the purposes herein mentioned. WITNESS my hand and offidal seal hereto affixed the day and year in this certificate above written. ~flA.,,,.~ ey Bank of Washington DEPOSIT RECEIPT FOR ', .... [~i~ ,' ~*'~- *~ ~* KEY aNVESm~ C~m~CAr~ ACCOU~ ' (~~-8 ) ~ ou~(~l ....... Joint' ~lth Ri0ht of Surviv~rshio ' Your ~enosit sade on 01/19~ is for ~ **10~HS it-i-FilED lnteresf'Rlte of 1,75000 ~d an i~'P~CE~GE'TIEL~ of- i. BSL ............ ~is certi~cate account ~ill altur~ on 07/19/96 at ~hich rise the accou .;_ * R~D AUTON~TIC~LLY, ' ................ ~.~_alance ~11 Intere~'t ~ill be'calculated as DAILY 36~/3~6. lntergst ~11 be LE~T I~ THIS ACCOUHT, or Nan ~-~-:'"': ...... eh. ~m ;~unt ~ in ~n~ ~ a ~k mn .... ~ ......~ ~' ~T =T_~ ~Y.~ s ~ule of Rat~, Fees. w ...... w-. ~, a~nts am ~ to apph~ie f~ ~d sram le~ ~ ~ula~'~'" v~, .,~u ~_ ~oj~ [o the uank s mhremem plan agreement