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Home My WebLink AboutALSTEENFiled for Record at Request of: When Recorded Return to: Name: City_ Clerk Address: 239 Fourth Street Bremerton, WA 98337 IMPROVEMENTS AGREEMENT WITH BOND Project Name: Alsteen Short Plat Developer Name: Brace Alsteen Location: Between Eastlake & Harlow Dr Tax Pamel # 172401 - 1-033-2007 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 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 an 18 foot wide shared access driveway according to SP #96-0001. 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 thc City Treasurer 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 Improvements Agreement w/bond Engineer, in the amount of $2,744.00. 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 Improvement~ Agreement w/bond filed and recorded as a lien on the Premises under procedures for a mechanic and materialman's liens. 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. OWNER(S): DATED: 7-Z~ ~ ~(~ ~]~'t~-~ ~ STATE OF WASHINGTON) ' SS. COUNTY OF KITSAP ) On this day personally appeared before me 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 deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~,~ ¥-~_~day of 3 M, ~--~'~, , 1996. ~ NOTARY PUBLIC - WASHINGTON ~ Notary Public in a'nd for the State of ~ 8hr ~ommiss~on [xpires12-16-96 ~[ Washington, residing at:~ CITY OF BREb/J[ERf..QN ACCE~ DIRECTOR OF PU[I~(' x3301~[S & UTILITIES Alsteen Shrot Plat Improvements Agreement w/bond 7/17/96 Page 3 EXHIBIT A A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST OF THE W.M., IN K1TSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST coRNER OF 'i~IAT CERTAIN PAR~'~I. OF LAND SHOWN AS RESULTANT PARC~.I. "B'~ AS PER c_Try OF BREMERTON BOUNDARY LU,,IE ADJUSTMENT RECORDED UNDER K1TSAP COUNTY AuDrroR?S F~.~ NO. 960~050073; THENCE SOUTH 25°50'21'' ,EAST ALONG TH~ EAST ~ OF SAID PARCEL "B" 21.84 P~-~-T; THENCE LE_A. VING SAID EAST LINE SOUTH .40~28'31" WEST 59.58 FEET; THENCE NORTH ° ' " ' 89 35 18 WEST 26..,3 FEET; THENCE NORTH 40°28'31" EAST 85.17 PEET TO THE POINT OF BEG!~NING. CONTAINING 0.03 ACRES, MGRE OR LESS~ ' LOT 1 " A PORTION OF GOVERNlVl~NT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 EAST OF TI-IE W.M., IN KI?SAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT ~ S~)UTI-I~AST CORNER OF THAT CERTAIN PARCI~J. OF LAND SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY LINE ADJUSTMENT RE~'~I[DED UNDER KITSAP. CO~ AUDITOR'S FH.~ NO. 9606050073; THENCE NORTH 89°35'18'' WEST AL~I~G ~ SOLrI~ lINE OF SAID PARCEL "B" 93.25 FEE~; THENCE LEAVING SAID SOUTH LfNE NORTH 00o24'42'' EAST 65.72 FE.F.T; THEN(~ N~)RTH 40°28'31Y, EAST 59.58 FEET TO TI-IE EAST LINE OF SAID PARCEL "B" ALSO BEING A POINT'ON THE WEST RIGHT-OF-WAY MARGIN OF HARLOW DRIVE; THENCE SOUTH .~5°50'21" EAST ALONG SAm MARGIN 124.12 FEET TO THE POINT OF BEGINNING. CONTAINING 0.14 ACRES, MOKE OR LESS, LOT 2 EXHIBIT A (cont) A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE 1 BAST OF THE W.M. IN K1TSAP COUN'I~, WASHINGTON, DESCRIBED AS FOLLOWS:' BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT PARCEL "B" AS PER C1TY OF BREMBRTON BOUNDARY IJNE ADJUSTMENT RECORDED UNDER KITSAP COUNTY AUDITOR'S FII.R NO. 9606050073; THENCE NORTH 89°22'18'' WEST ALONG THE NORTH LINE OF SAID PARCEL "B" 140.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "B"; ~IENCE SOUTH 00037'52" WEST ALONG THE WEST I~tNE OF SAID PARCEL "B" 65.72 PEET; THENCE SOUTH 89°35'18" EAST 85.43 FEET; .2]-I]%NCE NORTH 40°28.31" EAST g5.17 FEET TO THE POINT OF BEGINNING. CONTAINING 0.16 ACRES, MORE OR LESS. LOT 3 A PORTION OF GOVERNMENT LOT 5, SECTION 17, TOWNSHIP 24 NORTH, RANGE I EAST OF THE W.M., IN/zd'rSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SoIYrHWEST CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS RESULTANT PARCEL "B" AS PER CITY OF BREMERTON BOUNDARY LINE ADJUSTMENT RECORDED UNDER K1TSAP COUNTY AUDITOR'S Flq.~ NO. 9606050073; THENCE NORTH 00024'42" EAST ALONG THE WEST LINE OF SAID PARCEL "B' 65.72 FEET; THENCE LEAVING SAID WEST l.llqB SOUTH 89°35'18" EAST 93.25 FEET; THENCE SOUTH 00o24'42'' WEST 65.72 FEET TO THE SOUTH LIIqE OF SAID PARCI~J. "B"; THENCE NORTH 89°35'18" WEST ALONG SAID SOUTH LINE 93.25 FEET TO THE POINT OF BEGINNING. CONTAINING 0.14 ACRES, MORE OR LESS. EXHIBIT B 60 lineal feet of 18 foot wide shared access driveway. The driveway shall be constructed in accordance with the Road Standards. The pavement section shall consist of 2 inches of class "B" asphalt over 4 inches of crashed surfacing top course. 96504 · lrnnngnl Page No. o~ ~ages ACE PAVING CO. INC. O Asphalt Paving Crushsd ~ock Grading P.O. Box 4100 · Bremerton, WA 98312 Fax 478-6018 4;~9-4200 Poulsbo 779-4994 Bainbridge 842-4368 PROPC'~AL SUSMITFED TO PH~E DA~ .....' "~]'~'~' ~'~'~ :~72-r)775 ~e ~0~0~ hereby to furnish malerial and labor -- complete in accordance with ~bove specifications, for the sum of: ~ PLEASE SIG~ AND ~ETURN WHITE COPY TO ADDRESS INDICATED ABOV~ < ~roeo~a, - ~ ~ow prices, specifications --~' ~.~. ~ ~ -- ~- (~The Ohio Casualty Insurance Company . SUBDIVISION BOND ao~l:) NO. 3340116 KNOW ALL MEN BY TNI-~SE PRESENTS, That we, the unde*'signnd ~-'{ n,,; I .~.~ (h.reinefter celled Obligeel in the panel svm cd '~'/C) 'l'hcn]_q~nr]. ~'~ v~, ~],]nrlr,~,-1 ($ 2,570.00) Ooliarl, fe~ the payment of which well and truly to be mode, we hereby jointly end sever- THE CONDITIONS OF THIS C~LIGATION ARE ~UCH, THAT WHEREAS, the principal hes preaented fa~ the approval of the Obllpae e platof a subdivision of le¢'l end Risteen ~nQgt. Plat CEkTIFn~.D COPY OF POwIc;R OF ATfOKNEY OHIO CASUALTY INSURANCE COMPANY No. 28-889 ~ttl]tll C~[[ L.~ell ~ ~' ~r~,tll~: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance James A. Thomas or John F. Criss or Karen D. Ilaley - - ,, Gig Harbor, Washington - - FIVE MILLION ...................... ($ 5,000,000.00 - -) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in p, ursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as ~f they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. Q In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty said The Ohio Casualty Insurance Company this 2?th day of October 19 STATE ~DF OHIO, On this ~-?th day of Octobe~ ^. D. 19 ~ before the subscriber~ a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn depo~th and saith, that he is the officer of the Company aforesaid and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the ~aid Corporat~ Seal and his sgnature as offcer were duly affxed and subscribed to the said instrument by the authority and direction of the said IN TESTIMONY WHEREOF, 1 have hereunto ~t my hand and a~ixed my Official S~al at the City of Hamilton, State of Ohio, tll~"~and ¥¢ar~ir~t above written. · ~'~t My (:omm;ssion expires ...... ~..e~..~ .m.b~....~....[~- This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: division.'' This instrument is signed and scaled by facsimile as authorlzcd by the following Resolution adopted by the directors of the 1o hc valid ~md hindin~ upon ibc Company with thc same force and cfl'~ct as mough manually affixed." i, the underslgncd Assistant Secretary of Thc Ohio Casualty Insurance Company, do hereby certify that thc foregoing power IN ~/[TNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 22nd day of~u].~A.D., 19 9 6.