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Home My WebLink About000232 Original ContractPORT OF PORT ANGELES W A S 11 1 N G T O N DATE: October 25, 2011 TO: City of Port Angeles ATTN: City Stormwater /Utility Engineer FROM: Jesse Waknitz, Port of Port Angeles We are transmitting the following attached item. PROJECT: Site Development in the Airport Industrial Park City of Port Angeles Record #000232 COPIES PAGES DESCRIPTION 1 33 Stormwater Operations and Maintenance Manual COMMENTS: Attached is the Stormwater Operations and Maintenance Manual for the new Port development at the Airport Industrial Park. Please sign and date the document and then contact me at 360 417 -3452 or email iessewPoortofoa.com and I will record the document with the County. Thanks, Jesse Waknitz Port of Port Angeles 360 -417 -3452 jjECEOVIE Jl OCT 2 5 2011 City of Port Angeles Public Works and Utilities Dept Engineering Services Division When recorded, return to: Port of Port Angeles, P.O. Box 1350, 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 SITE DEVELOPMENT IN THE AIRPORT INDUSTRIAL PARK THIS AGREEMENT made and entered into this 3/5fday of n c 4 7i t e r 20 1 t by and between Port of Port Angeles whose address is P.O. Box 1350, Port Angeles, WA 98362, hereinafter referred to as Owner and the City of Port Angeles, a Washington municipal corporation whose address is P.0 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 storm drainage facilities for the Site Development in the Airport Industrial Park; and WHEREAS, the Owner 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 included in the Site Development at the Airport Industrial Park project, 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 Site Development in the Airport Industrial Park. 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: Portions of Suburban Lots 121 -123 and vacated "N" Street, Townsite of Port Angeles, T 30 N, R 6 W, W.M. 2. The Owner, for itself and its successors and assigns, covenants and agrees to maintain, repair and replace any and all storm drainage infrastructure in accordance with the maintenance standards in Appendix A within the Site Development in the Airport Industrial Park. Such maintenance activities shall be performed as described in the Stormwater Facility Operation and Maintenance Manual for the Site Development in the Airport Industrial Park; 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. 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 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 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 30s day of dci ,1)e c 20 I CITY 9 P� 7 G NGELES: City Authorized RepresentaC nature STATE OF WASHINGTON 11 C I t_ f 1TP r 1 tf1 Printed Name E vA t r< i e e_t Title of Cit\uthorizedesentative ss COUNTY OF CLALLAM On this 31 day of OC:A U 20 11 before me personally appeared AA t ■keA.itikAktvi who executed the 0 foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE SITE DEVELOPMENT IN AIRPORT INDUSTRIAL PARK by him/her /them signed. Notary Public, County, Washington. My commission Expires: _/_i L4 027, 0 IN WITNESS HEREOF, Owner sets his/her /their hand(s) and seal(s) this 2i .210 day of t)C 20ft. Notary Public State of Washington JANESSA M. HURD MY COMMISSION EXPIRES MAY 27, 2014 PO OF P RT ANGE Signatur effer K. Robb Prmted(Name Its: (1 Executive Director Title of Grantor STATE OF WASHINGTON ss COUNTY OF CLALLAM 1 On this 9—y'1-) day of D C,b 20 /1, before me personally appeared v PP e 1^ t/ l°4 Re who executed the foregoing AGREEMENT FOR MAINTENANCE, REPAIR AND OPERATION OF STORM DRAINAGE FACILITIES FOR THE SITE DEVELOPMENT IN THE AIRPORT INDUSTRIAL PARK by him/her /them signed My Commission Expires: /Jfr Notary Public, 61 a kiCount Washington eta.