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20160915090929.pdfWhen recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 CONFORMED COPY rt i it 7C8 902)14 is rre �' , n clll Jml�r � SPACE ABOVE THE LINE FOR RECORDERS USE Property Address: 22001 l4wvy 99, Suite 100, Edmonds, WA 98026 Assessor's Property Tax Parcel No.: 27042900 02800, 27042900301800 GREASE TRAP AND INTERCEPTOR AGREEMENT This GREASE TRAP AND INTERCEPTOR AGREEMENT ("Agreement") is entered into between the CITY OF EDMONDS ("City") and Edmonds Village LLC ("Owner"), the owner of the real property described below, relating to the requirements of the City of Edmonds Municipal Code for Wastewater Pretreatment, Title 7.90 through 7.102. 1. The Propae_rty. Owner is the owner of that certain real property located at [22001 Hwy 99, Suite 9100, Edmonds, WA 98026], within the City of Edmonds, Washington, Assessor's Property Tax Parcel Number 27042900 02800 and 2 0 , and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). 2. Wastewater Pretreat iegt ,1 eti uirements. The City of Edmonds Municipal Code for Wastewater Pretreatment (Title 7.90 through 7.102) requires all food service businesses to remove fats, oils, and grease (FOG) from their wastewater to protect the City's sewage system. An approved Grease Trap or Grease Interceptor complying with the City's requirenents must lie installed in the waste line leading l:rorn fixtures or equipment that may discharge FOG from establishments including., but not limited to: restaurants, cafes,, cafeterias, bars, delis, bakeries, butcher shops, grocery stores, donut; shops, hotels, hospitals, school kitchens, or other establishments where FOG may be introduced into the sewage system. In most cases, new food service facilities are required to install a Grease Interceptor, which is a two -compartment tank of at least 500 gallon capacity located underground outside the building. Most existing businesses are permitted to continue to use Grease Traps, which are much smaller units located on or in the floor near the fixtures they serve. Grease Trap and Interceptor Agreement 3. Gi-ease Trail and Interce too Agreement ftw the Prol. er The Owner has entered into a lease agreement for the Property with Boiling Point, a restaurant that is expected to discharge FOG. Normally, as this is a new food service facility, the City would require the installation of a Grease Interceptor. However, the City and the Owner have entered into this Agreement to modify this requirement. For the Property, the Owner has agreed, on behalf of themselves, their successors and assigns, to install and maintain inside the Property's building a City -approved, properly sized internal Grease Trap identical to that used in Boiling Point's Bellevue, Washington location. In addition, the Owner agrees that, if and when the Boiling Point facility expands or significantly changes its food offerings such that more FOG is likely to be discharged, another food service business expected to discharge FOG becomes a tenant in the Property's building, or that FOG from this location is causing maintenance issues in the City's collection system, the Owner will install and maintain the appropriate UPC -sized Grease Interceptor outside the building. The Owner shall, in the performance of this Agreement, comply with all applicable Federal, State and local laws and regulations, including but not limited to City code and ordinance requirements. This Agreement is and shall be deemed to be a covenant attaching to and running with the above - described real estate. 4. Indemnification. In consideration of the City's agreement to allow a Grease Trap, rather than a Grease Interceptor, to be installed on the Property, the Owner on behalf of themselves, their heirs, executors, administrators, successors, assigns, lessees, sub -lessees, tenants and sub -tenants; covenant and agree to at all times protect and save harmless the City, its officers, agents and employees, from any and all claims, actions, suits, losses, and expenses of every kind and description, foreseen or unforeseen, which may accrue to or be suffered by the City arising from or out of the Owner's promises contained in this Agreement; including but not limited to any damage that may be caused to the City's sewage system. This promise to hold harmless and indemnify includes defense by counsel of the City's choosing and the payment of reasonable attorneys' fees and court costs. Nothing herein, however, shall be interpreted to require the Owner to indemnify the City from the negligence or intentional tortious act of its employees, officers, or agents. This indemnification agreement is and shall be deemed to be a covenant attaching to and running with the above -described real estate; provided, however, that in the event that the Owner carries out its obligations pursuant to this Agreement relating to the provision of a Grease Interceptor, this indemnification agreement shall become null and void. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. This Agreement may not be amended except in writing in a document filed of record with the auditor of Snohomish County, Washington. 6. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: Grease Trap and Interceptor Agreement If to the City: Ifto the (AroerLy). City Engineer Edmonds Village LLC CityW of Edmonds 1000 Second Avenue 121 Fifth Avenue North _ Suite 3230 Edmonds, WA 98020 Seattle, WA 98104 These addresses may be changed from time to time by providing notice to the other party in the manner described above. 7. Waiver. The City's consent to or approval of any act or omission by the Owner shall not constitute a waiver of any other default by the Owner and shall not be deemed a waiver or render unnecessary the City's consent to or approval of any subsequent act by the Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 8. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. The Owner agrees to incorporate this Agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 9. Ca aci . Each party represents that the person executing this Agreement on behalf of such party has the authority to execute this Agreement and by such signature thereby bind such party. 10. Costs. All costs necessary to implement this Agreement, including but not limited to the costs to record the Agreement with the Snohomish County Auditor, shall be borne by the Owner. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8th day of September, 2014. Cl'1""t 11 t;1l l S PW & UTILITIES DIRECTOR Grease Trap and Interceptor Agreement EXHIBIT — A (page 1) LEGAL DESCRIPTION OF PROPERTY (Parcel 27042900302800 122001 Hwy 99, Edmonds, WA 98026) That portion of Section 29, Township 27 North, Range 04 East, W.M., described as follows Beginning at a point on the East line of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter 30 feet South of the Northeast corner of said Subdivision; THENCE South 372.8 feet; THENCE South 86°36'00" West 205.6 feet more or less to the East line of State Highway 1; THENCE Northeasterly on the East line 425 feet more or less to the point West of the Point of Beginning; THENCE East 18.5 feet more or less to the Point of Beginning; EXCEPT portion following described tract lying within said Tract: Commencing at a quarter corner on the West boundary Section; THENCE East on the East and West center line of Section, 1014.6 feet more or less to intersect the East line of said Subdivision Section; THENCE South 01°16'00" East along said East line, 30 feet; THENCE continue South 01°16'00' East along the East line 521.5 feet; THENCE South 89°53'00" West 271.2 feet to intersect the Easterly margin right of way of State Highway 1; THENCE Northeasterly along said Highway, 294 feet to the True Point of Beginning; THENCE continuing on the Northeasterly along Highway Easterly margin 155 feet; THENCE Easterly and perpendicular to the Easterly margin 188 feet more or less; THENCE Southwesterly parallel to the State Highway 65 feet more or less; THENCE Southeasterly 45 feet more or less; THENCE West 20 feet; THENCE Southwesterly 50 feet to the West line of the East half of the Northeast quarter of the Northwest quarter of the Southwest quarter; THENCE Westerly 1591eet more or less to the True Point of Beginning; EXCEPT that portion following described tract lying within said Subdivision: Beginning in the intersection of the Easterly margin State Highway 99 and the South margin of 220th SW; THENCE South 89°07'21" East along said Margin of said Street, 9.39 feet; THENCE South 00052'39" West 6 feet to the intersection of curve having a radius of 13 feet central angle ---65909'30" ; THENCE along said Curve, 14.78 feet; THENCE North 64'16'51" West 3.50 feet to intersect the Easterly margin of State Highway 99; THENCE North 25°43'09" East along the Easterly margin of said State Highway, 13.3 feet to the Point of Beginning per Quit Claim Deed 822/92, ., records of Snohomish County, State of Washington. EXHIBIT — A (Page 3) -,-dijARr,E4 �4ECTION 1OWNStflF NW.H-L HANE71! XANJol. sw 29 2/ 9 Lo_� 111 L 3 7 a 9�10(11 04 1 L 02 3-043' wa 3-047 04 3-050 3-0,77 1 22 3-042 ;3,1 ro A i 5 tj J, 051 b-221sr ST 1.510V 4 3-023 . 70 3-053 3-024 wxm�3-056f 3-059 ry3L.060 9/1 pi Soo W 3-020 12 Tel 0) 3,064 met, PARK It 9 (CC; CO) N D 0) 0) (&72g) MILL PARK 1 A 3-027 (CONDO) U 3-071! 3-02.2 (6726) 3-026 2 2 4TH' ST EXHIBIT — A (Page 4)