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HomeMy WebLinkAboutGonzales SWMA616810 PGS:2 AGFA �513pl2a1E3 f2: 05 PM $i5.OD 1011N COVE COMPANY 7eff$rsan County WA Audi tar's 1F1c® - Pose Ann Carroll, Auditor When recorded please return to: mill 14� ii1l� .l 'I �WAIRM1V 111014A:1 111 Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT This MAINTENANCE AGREEMENT is made this 506'day of 10A , 2018 by 6Syro.r.�L� r' Otte a l t LC, hereinafter GUARANTOR and Jefferson County, a municipal � corpor� at ereina er GUARANTEE. 1.0 RECITALS 1.1 GUARANTOR is the owner of certain real property in the Section 16, Township 30 North, Range 1 West, W.M., Jefferson County, Washington; identified as Assessor's Parcel Number 986 700 901; with address 272 Otto St, Port Townsend, WA 98368; and referred to in this Agreement as the PROPERTY. 1.2 In conjunction with the GUARANTOR'S development of the PROPERTY under Jefferson County Master Land Use Applications MLA16-00001, Building Permit Application BLD17- 00046, and Stormwater Management Permit ZON16-00002, GUARANTEE has required and GUARANTOR has agreed to construct a stormwater management facility which includes collection, conveyance, treatment, infiltration, and/or detention facilities. The stormwater management facility is described and shown on a construction drawing for GUARANTOR'S development of the PROPERTY that is on file with the appropriate agency, division, employee, or representative of Jefferson County. 1.3 As a condition of development approval, GUARANTOR has agreed to enter into this Maintenance Agreement ensuring that the stormwater management facility will be constructed and maintained in accordance with the approved plans. 2.0 CONSTRUCTION AND MAINTENANCE GUARANTOR agrees to construct and maintain a stormwater management facility as shown on the construction drawing described above. The stormwater management facility shall be maintained and preserved by GUARANTOR until such time as GUARANTOR, its heirs, successors, or assigns and GUARANTEE agree that the facility should be dismantled, altered, abandoned, or removed. 3.0 NO REMOVAL No part of the stormwater management facility shall be dismantled, altered, or removed except as necessary for maintenance, repair or replacement. Stormwater Management Facility Maintenance Agreement 4.0 DISPUTE RESOLUTION If a dispute arises between the parties to this Agreement regarding the stormwater management facility, GUARANTOR shall attempt to negotiate an appropriate resolution with GUARANTEE represented by the Jefferson County Engineer. If the dispute cannot be resolved at that level, GUARANTOR may file an appeal with the Jefferson County Hearing Examiner as provided for in the Jefferson County Unified Development Code. 5.0 ENFORCEMENT This Agreement may be enforced by GUARANTEE in law or equity against GUARANTOR, its heirs, successors and assigns. 6.0 SUCCESSORS AND ASSIGNS This Agreement shall run with the PROPERTY and be binding on GUARANTOR, its heirs, successors and assigns. 7.0 NOTICE GUARANTOR shall file this Agreement with the Jefferson County Auditor. DATED this3a day of , 2018. GUARANTOIY STATE OF WASHINGTON ss COUNTY OF J ej4t*GrY", On this day personally appeared before me�4u to me known to be the individual described in and who executed the foregoing instrument, and acledged that _KL_ signed the same as �h' free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,% 2018. Notary Public Not ry Publ i a[ nd tat tate of Washi ton State of Washington residing at KATHRYN C GUTHRIDGE My Appointment Expires Aug 18, 2018 MY COMMISSION EXPIRES. 0 � ACCEPTED for JEFFERSON COUNTY by: S/ -2-T 2018 Monte Rei Date Jefferson County Public Works Director / County Engineer Stormwater Management Facility Maintenance Agreement 2