HomeMy WebLinkAbout001034 Original ContractIOq tl.i(a.00�
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City of Port Angeles
Record # 001034
When recorded, return to:
Director, Parks, Fair & Facilities Department, 223 East 41t' Street/Suite 7, Port
Angeles, WA 98362.
Director, Public Works and Utilities Department, City of Port Angeles, P. O. Box
1150, Port Angeles, WA 98362.
AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM
DRAINAGE FACILITIES FOR THE CLALLAM COUNTY COURTHOUSE
THIS AGREEMENT is made and entered into this i B day of February 2016 by
and between Clallam County Parks, Fair & Facilities, whose address is 223 East 4t"
Street/Suite 7, Port Angeles, WA, 98362, 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, make the obligation binding upon Owner; and
WHEREAS, the Owner has constructed storm drainage facilities for the Clallam County
Courthouse; and,
WHEREAS, the Owner is required pursuant to Chapter 5.11 of City of Port Angeles
"Urban Services Standards and Guidelines" to operate and maintain all storm drainage
facilities at Clallam County Courthouse; 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
Clallam County Courthouse,
Pg. 1
NOW, THEREFORE, in consideration of the agreements herein provided and
other good and valuable consideration, the parties agree as follows:
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:
Clallam County Courthouse Campus
• Parcel No.: 0630006467000000
Property ID No.: 62216
Geographic ID No.: 0630006467000000
Property Zoning: PBP
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 Clallam County Courthouse. Such
maintenance activities shall be performed as described in the Stormwater Facility
Operation and Maintenance Manual for the Clallam County Courthouse, October
2015 edition or as may be amended, 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 in conformance with the
Stormwater Facility Operation and Maintenance Manual for the Clallam County
Courthouse, or as may be agreed upon in writing by the parties. ".
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 or repair, replace, or maintain storm
drainage facilities if in the sole opinion of the City the Owner 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 the Owner and payable to 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.
WE
IN WITNESS HEREOF, CITY OF PORT ANGELES sets his /her /their hand(s) and
seal(s) this I e) day of February 2016.
CITY OF PjDRT ANGELES:
City Aut epresentative Signature
Printed Na
m Li
Its a .� � r c, �'
Title of City Authorized Representative
STATE OF WASHINGTON)
COUNTY OF CLALLAM )
On this I E) day of February 2016, before me personally, appeared:
C� � -(A- l(� Ft 1ft (A who executed the
foregoing GREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF
STORM DRAINAGE FACILITIES FOR THE CLALLAM COUNTY COURTHOUSE by
his /her /their signed.
Notary Public, V County,
Washington.
My Commission Expires: j�quc3c� g)1q
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Pg. 3
IN WITNESS HEREOF, Owner sets his /her /their hand(s) and seal(s) this d day of
February 2016.
Signature
Mike Chapman
Printed Name
Its: Chair, Clallam County Board of Commissioners
Title of Owner Representative
STATE OF WASHINGTON)
COUNTY OF CLALLAM )
Kristinaty! ^I ^����
Deputy Pi - ,<:y
Clallam Coc:!,
On this day of February 2016, before me personally, appeared:
t dip� who executed
the
Foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF
STORM DRAINAGE FACILITIES FOR the CLALLAM COUNTY COURTHOUSE by
his /her /their signed.
i / , Notary Public, County,
Washington.
My Commission Expires: /! �
Pg. 4
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