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Home My WebLink About000451 Original ContractCity of Port Angeles Record #000451 When recorded, return to: Habitat for Humanity of Clallam County, P.O. Box 1479, Port Angeles, WA 98362 Serenity House of Clallam County, P.O. Box 4047, Port Angeles, WA 98362 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 MALONEY HEIGHTS SUBDIVISION THIS AGREEMENT made and entered into this 72 day of Apr/ 2012 by and between Habitat for Humanity of Clallam County, hereinafter referred to as Habitat, whose address is P.O. Box 1479, Port Angeles, WA 98362, Serenity House of Clallam County, hereinafter referred to as Serenity House, whose address is P.O. Box 4047, Port Angeles, WA 98362 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, Habitat 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 Habitat; and WHEREAS, Serenity House warrants and represents that it is the sole and exclusive owner of the subject premises as described in paragraph 2 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 Serenity House; and WHEREAS, Habitat has constructed all storm drainage facilities for the Maloney Heights Subdivision; and WHEREAS, Habitat is required pursuant to Section 13.63.270 of the City of Port Angeles Municipal Code (Maintenance Covenant Required for Privately Maintained Drainage Facilities, June 2010) to operate and maintain all storm drainage facilities, associated with Lots 1 14, located outside designated City of Port Angeles' Rights of Way for the Maloney Heights Subdivision project; and WHEREAS, Serenity House is required pursuant to Section 13.63.270 of the City of Port Angeles Municipal Code (Maintenance Covenant Required for Privately Maintained Drainage Facilities, June 2010) to operate and maintain all storm drainage facilities associated with Lot 15 of the Maloney Heights Subdivision; and WHEREAS, the City is required pursuant to Section 13.63.070 of the City of Port Angeles Municipal Code (Operation and Management, June 2010) to operate and maintain all storm drainage facilities associated with the Maloney Heights Subdivision located within dedicated City of Port Angeles' Rights of Way; and WHEREAS, the City, Habitat and Serenity House are mutually desirous of providing assurances for the future continued maintenance, repair and operation of storm drainage facilities for the Maloney Heights Subdivision. NOW, THEREFORE, in consideration of the agreements herein provided and other good and valuable consideration, the parties agree as follows: 1. Habitat 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: Lots 1 14 of the Maloney Heights Subdivision as recorded on Volume 15, Page 74 of Plats, Records of Clallam County, Washington. 2. Serenity House 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: Lot 15 of the Maloney Heights Subdivision as recorded on Volume 15, Page 74 of Plats, Records of Clallam County, Washington. 3. Habitat and Serenity House, for themselves and their successors and assigns, covenant and agree to maintain, repair and replace any and all storm drainage infrastructure in accordance with the maintenance standards in Appendix A within the Maloney Heights Subdivision. Such maintenance activities shall be performed as described in the Stormwater Facility Operation and Maintenance Manual for the Maloney Heights Subdivision; 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 maintenance, repair or replacement as indicated by the Public Works and Utilities Department. Habitat and Serenity House shall perform all such work within the time frame set forth in the Maintenance Timeline established in the Stormwater Facility Operations and Maintenance Manual, completed to the satisfaction of the City. 4. The City shall not and it does not serve as a guarantor of the performance of Habitat and Serenity House, 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; Habitat or Serenity House has failed to do so within the time frame set forth in the Maintenance Timeline established in the Stormwater Facility Operation and Maintenance Manual. All such charges associated with such work, including administrative costs and professional fees, shall be charged to either Habitat or Serenity House and payable forthwith. Any such charges shall be subject to being enforced and collected by all legal means. 5. This Agreement shall be binding upon the heirs, successors and assigns of Habitat and Serenity House. 6. This Agreement may only be modified in writing by a document executed by Habitat, Serenity House and the City. IN WITNESS HEREOF, Habitat sets his/her /their hand(s) and seal(s) this \S day of ki,r,,iev,,-. e 20,1. HABIT FO HUM TY OF CLALLAM COUNTY: GfAZ, Hab t Authorized Representative Signature Printed Name Its: exe P �r�f Title of Grantor STATE OF WASHINGTON ss COUNTY OF CLALLAM On this day of 1...0 ,)e y.r.v>-eX 201 1 before me personally appeared M Coe-V3. e P who executed the foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE MALONEY HEIGHTS SUBDIVISION by him/her /them signed. Notary Public, C \\(„v-v-. County, Washington. My Commission Expires: S IN WITNESS HEREOF, Serenity House sets his/her /their hand(s) and seal(s) this rt5 day of jaialLcia0 f 2011 SEREpl HOUSE 7 CLALLAM COUNTY: Serenity House Printed Name Its: thorized Representative Signature 'Ql \UQ_ w,„( 4 ro 4,(7,r Title of Grantor STATE OF WASHINGTON ss COUNTY OF CLALLAM On this 1 day of )-e sa..■0-0 20 11 before me personally appeared 't,3 Ca rs A O who executed the foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE MALONEY HEIGHTS SUBDIVISION by him/her /them signed. 11:) A r Notary Public, Q (J 0 f ArCounty, Washington. My Commission Expires: IN WITNESS HEREOF, Owner sets his/her /their hand(s) and seal(s) this 12- of 20 12 CITY OF PORT ANG S: /ILL City Authorized Representative'Signature Glenn A Cv'fLc1 Printed Name I� /140. ?v'ai-iL L)o(Lic» ilEi Title of City Authorized Representative STATE OF WASHINGTON ss COUNTY OF CLALLAM On this day of 20 /2 before me personally appeared 2 A. who executed the foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE MALONEY HEIGHTS SUBDIVISION by him/her /them signed. My Commission Expires: 7 9 T' n/ S Notary Public, 1 County, Washington. RETURN ADDRESS Habitat for Humanity of Clallam County P.O. Box 1479 Port Angeles. WA 98362 Document Title(s) Grantor(s) (Last, First and Middle Initial) Grantee(s) (Last, First and Middle Initial) City of Port Angeles 2012 1278087 Page 1 of 6 Agreement Zenovic Associates Clallam County Washington 04/23/2012 08 47 29 AM 101 1.41.11/20. menu 1 111 Agreement for Maintenance. Repair and Operation of Storm Drainage Facilities for the Maloney Heiahts Subdivision Reference Number(s) of related documents Volume 15, Page 74 of Plats, Records of Clallam County, Washington Habitat for Humanity of Clallam County. and Serenity House of Clallam County Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter /quarter) Lots 1 through 14 and Lot 15 of the Maloney Heiahts Subdivision. Assessor's Property Tax Parcel /Account Number 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.