HomeMy WebLinkAbout000111 Original ContractCity of Port Angeles
Record #000111
ECE E1 f
APR 13 2009
CITY OF PORT ANGELES
Dept. of Community Development
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 MONITORING, MAINTENANCE, AND PROTECTION OF WETLANDS
AT
THE RESERVE AT VALLEY CREEK PLANNED RESIDENTIAL DEVELOPMENT, PHASE 1
THIS AGREEMENT made and entered into this 9 day of 2009 by and between Port
Angeles Nat (Sherron Associates) LLC, whose address is 12301 NE 10 PI ce, S ite 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 completed the implementation of a Wetland Mitigation Plan 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 Phase 1 of the Final Plat to monitor, maintain,
and protect the wetland and associated buffer; and
WHEREAS, the City and Owners are mutually desirous of providing assurances for the future continued monitoring
and maintenance of the wetlands and associated buffer 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
1
2. The Owner, for itself and its successors and assigns, covenants and agrees to monitor, maintain, and protect
the wetland and associated buffer within and for The Reserve at Valley Creek Planned Residential
Development, Phase 1 recorded in Volume 15 of Plats, Page Q under Auditor's File No.
1 2.001 4- 12351 $2 Records of Clallam County, Washington. Such activities shall preserve the
wetlands as described in the Revised Wetland Mitigation Plan for The Reserve at Valley Creek PRD, Phase
1 as prepared by BGE Environmental, LLC, dated October 2007; and that in the event it is contacted by the
City of Port Angeles Department of Community Development, it will perform any and all reasonable and
necessary maintenance, repair or replacement as indicated by the Department of Community Development.
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 Wetland Mitigation Plan.
The City may, but is not required, in its sole discretion to elect to monitor, maintain, and, if necessary,
implement a contingency plan for protection of the wetland and associated buffer 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.
IN WITNESS HEREOF, Owner sets his/her /their hand(s) and seal(s) this "i day of
2009.
CITY OF PORT ADIGELEE:
l/L
City Authorized Representative Signature
ei 1
Printed Name
Its: JJi�i✓t `Us Citev '1 N A J �(aT lw� i C 900- 11eel's
Title of City Authorized Representative
STATE OF WASHINGTON
ss
COUNTY OF CLALLAM
On this Q day of 2009, before me personally appeared
+.1_4 47 who executed the
foregoing AGREEMENT FOR MONITORING, MAINTENANCE, AND PROTECTION OF WETLANDS
FOR THE RESERVE AT VALLEY CREEK PLANNED RESIDENTIAL DEVELOPMENT, PHASE 1by
signed.
L2r?c. V Notary Public, _ij,�� ounty, Washington.
My Commission Expires tf 42
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WASr
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IN WITNESS HEREOF, Owner sets his/her /their hand(s) and seal(s) this 2-6 day of le Zr M
OWNER:
Owner Signature
Printed Name
Its:
Title of Grantor
STATE OF WASHINGTON
COUNTY OF CLALLAM
On this v day of
PORT ANGELES RAT ,S1 ASSOCIATES) 11C';
��nugin. NembEC
V Thomlis E. At ►rtstiu<<g, Vi;:e Ptebidont
L ,4 rvt Q r 2009, before me person s, oue• peared
J v Po=
r
t�
r m 6 Trz9 7 4* `xeuted the
foregoing AGREEMENT FOR MONITORING, MAINTENANCE, AND PROTECR WETLANDS
FOR THE RESERVE AT VALLEY CREEK PLANNED RESIDENTIAL DEVELOPMENT, PHASE 1 by
him/her /them signed.
GAYLE A.
My Commission Expires:
ss
SPENc 1
,(4 y` pN E �4
O
i
�ni'�G�otary Public, /&.c, County, Washington.
SPENCER,
7 ,2O /v
2009.
Conformed Copy 2009- 1235184
Agreement Page 1 of 4
Port Angeles Plat Sherron Associates Llc
Clallam County Washington 04/10/2009 10 17 02 AM
RETURN ADDRESS 110 rip ge' k tI H
Port Anaeles Plat (Sherron Associates) LLC.
12301 NE 10 Place
Suite 303
Bellevue. WA 98005
Document Title(s)
Aareement for Monitoring. Maintenance. and Protection of Wetlands at the Reserve at
Valley Creek Planned Residential Development. Phase 1
Reference Number(s) of related documents
2,. oq- /z35 /%1 \Jo! 15 P5 60
2oo4- Z3 5183
tool- 1 2.3S1 �5
Grantor(s) (Last, First and Middle Initial)
Port Anaeles Plat (Sherron Associates) LLC
Grantee(s) (Last, First and Middle Initial)
City of Port Angeles
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.