HomeMy WebLinkAboutGary E. Winberg 052493 f�/G iecv. a 93 Ovl i tiJ
MAINTENANCE AGREEMENT
AND RESTRICTIVE COVENANT
THIS,XAINTENANCE AGREEMENT AND RESTRICTIVE COVENANT is made this
— day of 'nit , 1993, by Gary E. Winberg, (GRANTOR) and
JEFFERSON COUNTYC, W municipal corporation, (GRANTEE).
1.0 RECITALS:
1.1 GRANTOR is the owner of certain real property in Jefferson County,
Washington, described as set forth in Exhibit "A" and referred to in this agreement as
the "Property".
1.2 In connection with the GRANTOR'S proposed development of the Property,
JEFFERSON COUNTY has required and GRANTOR has agreed to construct a
stormwater drainage system. The drainage system is described and shown on an
approved conceptual drainage plan prepared by the GRANTOR for the GRANTOR'S
property and on file with Jefferson County.
1.3 As a condition of project approval and/or as a condition of GRANTOR utilizing
the stormwater drainage system, GRANTOR has agreed to enter into this Maintenance
Agreement and Restrictive Covenant ensuring that the drainage system will be
constructed and maintained in accordance with the approved plans.
2.0 CONSTRUCTION AND MAINTENANCE
GRANTOR agrees to construct and maintain a drainage system as show on that certain
conceptual drainage plan drawing described above. The drainage system shall be maintained
and preserved until such time as GRANTOR, its heirs, successor or assigns and GRANTEE
agree that the system should be altered in some manner or eliminated.
3.0 NO REMOVAL
No part of the drainage system shall be dismantled, revised, altered or removed except
as necessary for maintenance, repair or replacement.
4.0 ACCESS:
The design shall permit GRANTOR and GRANTEE access to the system at all times.
GRANTOR hereby grants to GRANTEE the right to enter upon the property to inspect they
system and to provide necessary maintenance as set forth below.
5.0 FAILURE TO MAINTAIN:
If GRANTOR fails to adequately maintain or repair the drainage system, GRANTEE
shall provide GRANTOR written notice of such failure to adequately maintain or repair the
drainage system, and following receipt of such notice, GRANTEE shall provide GRANTOR
with a reasonable opportunity to adequately repair s.id drainage system; Provided that in the
event of an emergency, GRANTEE has the ri:fa • �,.p r sai r inage system without notice
to GRANTOR. In the event GRANTEE pe .'�`"'s intenance or repa r on said
drainage system, GRANTEE shall charge GRANTOR the reasonable cost of such NIf
GRANTEE is required to bring action to recover such costs, the GRANTEE shall also recover
its reasonable attorney's fees and interest at the rate of twelve percent (12%) per annum on
any monies expended or the reasonable costs of such repair work.
GRANTOR'S INITIAL
1
6.0 ENFORCEMENT:
This agreement may be enforced by GRANTEE in law or equity against the
Grantor, its heirs, successors and assigns.
7.0 SUCCESSORS AND ASSIGNS:
These obligations shall run with the Property and be binding on the Grantor, its
heirs, successors and assigns.
DAED THIS DAY OF , 19
rigtir Signature -
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«««««««««««««««««««««««««««<
STATE OF WASHINGTON
ss STATE OF WASHINGTON
COUNTY OF ss
COUNTY OF
On this a day of Of
199141, ore me, the unders l a Notary O his day pe 1 appeared before me
,� ((�� o me known to be the individual
Public in and for the State of Washy appeared descriib J 7m and who��ex�� ted the within an d foregoing
co n I d sworn, personally appe
• ib ± rat- i°�t,rument,and acknowledged that �/ signed the same as
as
, to me / /..:)_ free and voluntary act and deed, for the uses and
known to be thee))p.� Fta$�' purposes therein mentioned.
, of
F.e G VEN under m hand and official seal this / day cf
the corporation that execute the . ,192'
foregoing instrument, and acknowledged the said ) • �, )
instrument to be the free and voluntary act and Notary in and or
deed of said corporation, for the uses andPublic
purposes therein mentioned, and on oath stated The State pf-'as ,l n
that he. 5 authorized to execute the said residing a /ij i ,C176{ - a�f
instrument and that the seal affixed is the MY COMMISSION EXPIRES )�, C/ /
corporate seal of said corporation.Witness my
hand and official seal hereto affixed the day and
year first above written. •
4/}ya. Notary
l 1cb<acC and for
the State of Washington,
residing at Jet f2-f -
MY COMMISSION EXPIRES
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APPROVED as to form only: Accepted b •
/
Jefferson County Prosecuting Attorney Je son County C ssioner ,
Storm Drainage
Maintenance Agreement 2
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