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Home My WebLink About000112 Original ContractRETURN ADDRESS Port Angeles Plat (Sherron Associates) LLC. 12301 NE 10 Place Suite 303 Bellevue. WA 98005 Document Title(s) Aareement for Maintenance. Repair and Operation of Storm Drainaae Facilities For The Reserve at Valley Creek Planned Residential Development, Phase 1 Reference Number(s) of related documents 2001 -12351 v 01 15 P3 2001 1 2 35153 20c41- 1z351$4 Grantor(s) (Last, First and Middle Initial) Port Anaeles Plat (Sherron Associates) LLC Grantee(s) (Last, First and Middle Initial) City of Port Anaeles Conformed Copy 2009- 1235185 l Agreement Page 1 of 4 Port Angeles Plat Sharron Associates Llc Clallam County Washington 04/10/2009 10 17.02 PM 1111 giF11.1411.10M. r ON II NI RECEIVE APR 13 2009 CITY OF PORT ANGELES Dept. of Community Development Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter /quarter) That portion of the Northeast Quarter of the Southeast Quarter of Section 16, Township 30 North, Range 6 West lying north and east of Valley Creek. Assessor's Property Tax Parcel /Account Number 06 -30- 16- 410000 The Auditor /Recorder will rely on the information provided on this form The staff will not read the document to verity the accuracy or completeness of the indexing information provided herein. City of Port Angeles Record #000112 J When recorded, return to: Port Angeles Plat (Sherron Associates) LLC, 12301 NE 10 Place, Suite 303, Bellevue, WA 98005 Director, Public Works and Utilities Department, City of Port Angeles, P.O. Box 1150, Port Angeles, Washington, 98362. AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE RESERVE AT VALLEY CREEK PLANNED RESIDENTIAL DEVELOPMENT, PHASE 1 THIS AGREEMENT made and entered into this 9 day of 4P R.►�.. 2009 by and between Port Angeles Plat (Sherron Associates) LLC, whose address is 12301 NE 10 Place, Suite 303, Bellevue, Washington, 98005, hereinafter referred to as Owner and the City of Port Angeles, a Washington municipal corporation whose address is P.O. Box 1150, Port Angeles, Washington, 98362, hereinafter referred to as the City. WHEREAS, the Owner warrants and represents that it is the sole and exclusive owner of the subject premises as described in paragraph 1 below with full and exclusive authority to execute this Agreement and that all necessary steps precedent to its execution have been undertaken, making the obligation binding upon Owner; and WHEREAS, the Owner has constructed, or will construct, storm drainage facilities for Phase 1 of The Reserve at Valley Creek Planned Residential Development; and WHEREAS, the Owner is required as a condition of the approval of the Final Plat to operate and maintain all storm drainage facilities within the Plat; and WHEREAS, the City and Owners are mutually desirous of providing assurances for the future continued maintenance, repair and operation of storm drainage facilities for the Plat. NOW, THEREFORE, in consideration of the agreements herein provided and other good and valuable consideration, the parties agree as follows: 1. Owner warrants and represents that it has sole and exclusive authority and sole and exclusive right, title and interest in the subject property situated in the City of Port Angeles, Clallam County, Washington, legally described as: That portion of the NE 4 of the SE of Section 16, Township 30 North, Range 6 West, W.M. lying northerly and easterly of Valley Creek 2. The Owner, for itself and its successors and assigns, covenants and agrees to maintain, repair and replace in good and serviceable condition any and all storm drainage infrastructure within and for The Reserve at Valley Creek Planned Residential Development, Phase I recorded in Volume )5_ of Plats, Page 60 under Auditor's File No. _2!)06/4 2.3 51g2. Records of Clallam County, Washington. Such maintenance activities shall be performed as described in the Stormwater Maintenance Manual for The Reserve at Valley Creek PRD, Phase 1; and that in the event it is contacted by the City of Port Angeles Public Works and Utilities Department, it will perform any and all reasonable and necessary maintenance, repair or replacement as indicated by the Public Works and Utilities Department. Owner shall perform all such work in a timely fashion, completed to the satisfaction of the City. 3. The City shall not and it does not serve as a guarantor of the performance of the Owner, nor does the City make any representations or warranties with regard to the design or capability of storm drainage facilities. The City may, but is not required, in its sole discretion to elect to repair, replace or maintain storm drainage facilities if in the sole opinion of the City the Owner has failed to do so within a reasonable lapse of time. All such charges associated with such work, including administrative costs and professional fees shall be charged to the Owner and payable by the Owner forthwith. 4. This Agreement shall be binding upon the heirs, successors and assigns of the Owner. 5. This Agreement may only be modified in writing by a document executed by the Owner and City. AwrIo te.c 'R. IZ €c6.6+4 ray. IN WITNESS HEREOF, Awar sets his/her /their hand(s) and seal(s) this day of5 2009. CITY OF PORT ANGELES. A,e City Authorized Representative Signature C /e -74 Printed Name Its: "j carve. 4 4 c. Lore,., z 0774 Title of City Authorized Representative STATE OF WASHINGTON COUNTY OF CLALLAM ss On this 9 day of 2009, before me personally appeared CAAtie r who executed the foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FA ITIES WITHIN THE RESERVE AT VALLEY CREEK PRD, PHASE 1 by him/bwitherit signed. ��r,Q,gl3otary Public, 22 County, Washington. My Commission Expires: -,7? V-12. IN WITNESS HEREOF, Owner sets his/her /their hand(s) and seal(s) this 24 of F J ru r u OWNER: Owner Signature Printed Name Its: Title of Grantor 1 RT ANGELES PLAT (SEWN ,OCIATES) !LG' ssot.ais inc.,Sicouciing Mem be' mas E. krns.uo6. Vitx esitiant STATE OF WASHINGTON ss COUNTY OF C AI kLj On this 24 day of /ZV rnG_5 sPEnk, 2009, before me perssinAy=e'' y i A �-t c-r'1 I S fi-o n a p Ue cyv •6Ated the INAGE foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERAIrt FACILITIES by Ilimiller/tperiii signed. 2/e2-7,4 2. l/! Notary Public, GAYLE A. SPENCER My Commission Expires: k /L� 4 e County, Washington. 2009.