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Home My WebLink AboutR-1999-033 Sewer Main ReimbursableRESOLUTION NO. R-99- 33 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Sewer Utility System Reimbursement Agreement and Conveyance between the City of Yakima and Orchard Rite LTD, Inc.. WHEREAS, Orchard Rite LTD, Inc. in reliance on potential reimbursement pursuant to RCW 35.91.020, installed certain sewer lines and appurtenances thereto and connected same to the City's sewer utility system so that such improvements constitute an integral part thereof; and, WHEREAS, Orchard Rite LTD, Inc. paid all the costs and expenses for installation of said improvements; ° and WHEREAS, the City and Orchard Rite LTD, Inc. agree that the construction and installation of said improvements is in the public interest and in furtherance of public health and sanitation; and WHEREAS, it is in the best interest of the City to enter into a Sewer Utility System Reimbursement Agreement and Conveyance with Orchard Rite LTD, Inc. according to the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Sewer System Reimbursement Agreement and Conveyance with Orchard Rite LTD, Inc.. ADOPTED BY THE CITY COUNCIL this _ il7day of ft'%I,C% , 1999. ATTEST: CITY CLERK Eng. & Util. Engr. Orchard -Rites JO N PUCCINELLI, MAYOR Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Sewer Utility Systems Reimbursement Agreement and Conveyance Grantor: City of Yakima Grantee: Orchard Rite, Ltd. Legal Description: McGlothern Home Sites No. 6, Lot 1 Blk 3; Lot 1 Blk 4, Lots 2, 3, & 4, Blk 4; Lot 5, Blk 4; Lots 9, 10, 11, 12, 13, 14 Blk 1; Lots 7, 8, 15 & 16, Blk 1; Lots 2, 3, 4, 5, 6, 17 & 18 Blk 1 Parcel Number: 181323-11489, 181323-11509, 181323-11510, 181323-11511, 181323-11519,181323-11412,181323-11526 Page 1 of 1 TY 4f YAK MA 1 1 1 u 11 II 111 1 11 7107184 Page 1 of 7 03/24/1999 10:11A AGR $14.00 Yakima Co, WA City of Yakima Clerks Office 129 North Second Street Yakima, WA 98901 SEWER UTILITY SYSTEM REIMBURSEMENT AGREEMENT AND CONVEYANCE THIS AGREEMENT made and entered into this /o day of 1999, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Orchard -Rite LTD, Inc., hereafter referred to as "DEVELOPER"; WHEREAS, The Developer, in reliance on potential reimbursement pursuant to RCW 35.91.020, installed certain sewer lines and appurtenances thereto at, near, or within the below -described property and connected same to the City's Utility System so that such improvements constitute an integral part thereof; and WHEREAS, the Developer paid all the costs and expenses for the installation of said improvements; and WHEREAS no other property owners or users were available to share in the cost and expense of construction of such improvements and the parties hereto having in mind the provisions and terms of RCW 35.91.02; and WHEREAS, the City and Developer agree the construction and installation of said improvements is in the public interest and in furtherance of public health and sanitation; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Developer as follows: 1. Property Owned by Developer. The Developer represents that it is the owner of the following described property: Yakima County Assessor's Parcel Number 181323-11526 2. Sewer Utility System Improvements. The following described sewer utility system improvements were installed by the Developer in connection with the above-described property: An eight (8) inch sewer main beginning at the existing sewer main on McKinley Avenue and extending north approximately 305 feet, then east approximiately 326 feet. 11 111111 TY OF YAK MA 1 1 11 11 II 11 1 1 11 7107184 Page: 2 of 7 03/24/1999 10:11A ACR $14.00 Yakima Co, WA The Developer certifies that the total cost of said improvement construction is $21,959.50. 3. Compliance with Applicable Codes/Regulations. The Developer represents that said sewer utility system improvements comply with all applicable codes and regulations of the City of Yakima. The Developer agrees that said sewer utility system improvements and all facilities operated by the Developer pursuant to this Agreement are subject to all City codes, ordinances, and regulations regarding utility facilities in general, as now or hereafter adopted. 4. Payment of Labor/Material Expenses. The Developer represents all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials, have been or will be paid in full, all at the Developer's expense. Developer will defend, indemnify, and hold the City harmless from any and all liability in connection therewith. 5. Reimbursement for Improvements. The legal description of the property affected by this Agreement and a map outlining the land affected by such additional charges per the terms of this Agreement are contained in Exhibit "A", which is attached and hereby incorporated into this Agreement. The total cost of said sewer utility system improvement shall be utilized to determine the pro -rata reimbursement to the Developer by any owner of real estate, who did not contribute to the original cost of said improvement, and who subsequently wishes to tap on or connect to said improvement, all subject to the laws of the City of Yakima, the State of Washington, and the provisions of this Agreement. The pro -rata cost is $.113785 per square foot; provided that in no event shall the developer be reimbursed for any amount greater than $13,742.75. No person, firm, corporation, or other entity shall be granted a permit or be authorized to tap into the facility for sewer service during a period of fifteen (15) years from the date this Agreement is recorded pursuant to Section 9, without first paying to the City, in addition to any and all other costs, fees and charges made or assessed for each tap, or for the main facility constructed in connection therewith, the amount required by the provisions of this Agreement except such charges shall not apply to any extension of the main facility. All amounts so received by the City shall be paid to the Developer under the terms of this Agreement within thirty (30) days after receipt thereof. Upon expiration of the aforementioned fifteen (15) year term, the City shall be under no further obligation to collect or make any further payments to the Developer for said improvements. The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner/party who wishes to hook up to said improvements, shall be final and conclusive in all respects. 6. Conveyance of Improvements to City. After inspection and approval of said sewer system utility improvements by the City Engineer and acceptance by the Yakima City Council, the improvements shall be part of the City of Yakima sewer utility system. The Developer agrees to convey, transfer and assign the City all right, interest, and title in and to said improvements and all appurtenances and accessories thereto, free from any and all claims and encumbrances of any party whomsoever. The Developer will deliver to the City any and all documents including quit claim deeds and bills of sale that may reasonably be necessary to fully vest title in the City. After conveyance, the Developer will pay to the City such service fees or other charges that are TY OF YAK MA 1 1 u 11 1111 7107184 Page: 3 of 7 03/24/1999 10 11A AGR $ 4.00 Yakima Co, HR or may be imposed by ordinance of the City of Yakima to like users of the same class. 7. Guarantee. The Developer guarantees workmanship and materials of said sewer utility system improvements for a period of one (1) year after the City's acceptance of the facilities. The Developer further warrants that said improvements are fit for use as part of the City sewer system. Developer agrees to defend, indemnify, and hold harmless the City from any and all liability claimed by a third party due to faulty workmanship and materials within the aforementioned one (1) year guarantee period. 8. Extension/Addition. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made, extensions or additions to said improvements and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 9. Recordation. This Agreement shall be recorded by the City Clerk with the Auditor of each county in which any of the benefited property is situated, and shall remain in full force and effect for a period of fifteen (15) years after the date of such recording, or until the Developer, or its successors or assigns, is fully reimbursed as aforesaid, whichever event occurs earlier; provided, that in the event the improvements described herein shall, during the term of this Agreement, be rendered useless by the redesign or reconstruction of a portion of the City's sewer system facilities, such determination of uselessness to be in the absolute judgment of the City Engineer, then the City's collection obligation pursuant to this Agreement shall cease. DATED THIS : DAY OF /--h- , 1999 CITY OF YAKIMA, WASHINGTON, a Municipal Corporation BY ck, Zais, City Manager ATTEST: DEVELOPER By: By: Doug Riddle Orchard -Rite LTD, Inc. City Contract No. 99-36 Resolution No. R-99-33 City Clerk 11 11 11 11 CITY OF YAK MA 1 1 11 11 II 11 11 11 7107184 Pager 4 of 7 03/24/1999 10:11A AGR $ 4.00 Yakima Co, WA STATE OF WASHINGTON ) ss County of Yakima certify that I know or have satisfactory evidence that /C///2'..e.(-<) is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized/ to execute the instrument and a knowledge_d it as the of (rl/'<"hCayi21! dr7`�: d4)• 2(/&. , a (LO (;e2 4; 720corporation, to be the free and voluntary act of said such partyJfor the uses and purposes mentioned in, the instyument. DATED this ,A..day of /-eG eLaTz 1999. J-) x.0.z-64-4) . ... 1 , /f ,t/A PRINTED NAME Notary Public in and for the State of_Wash32ngton residing a • • „ My Commission expires: ITY OF YAKIMF NSI 0111 N 7ge 5 o 03/24/199Pa107184f7 9 10 11R AGR $14,00 Yakima Co, WA ORCHARD -RITE LTD. INC. SEWER MAIN REIMBURSABLE AGREEMENT EXHIBIT A Properties benefiting from Orchard -Rite Ltd Inc Sewer Main Extension, City Project 9805 01 Connection Rate: $ .113785 per square foot — based on total area of each parcel. Parcel No. & Legal Description Reimbursable Amount Yakima County Parcel 181323-11489 $ -0- Legally described as Lot 1 Blk 3 (Participated m Project McGlothem Home Sites No. 6 at time of development) Yakima County Parcel 181323-11509 Legally described as McGlothern Home Sites No. 6: Lot 1 Blk 4 Yakima County Parcel 181323-11510 Legally described as McGlothern Home Sites No 6 Lots 2, 3, & 4 Blk 4 Yakima County Parcel 181323-11511 Legally described as McGlothem Home Sites No. 6 Lot 5 Blk 4 Yakima County Parcel 181323-11519 Legally described as McGlothern Home Sites #6• Lots 9,10,11, 12, 13, 14 Blk 1 Yakima County Parcel 181323-11412 Legally described as McGlothern Home Sites #6. Lots 7, 8, 15 & 16 Blk 1 652.20 2,852.25 1,366.30 5,303.40 3,568.60 Yakima County Parcel 181323-11526 -0- Legally described as McGlothem Home (Property Owned by Sites No. 6. Lots 2, 3, 4, 5, 6, 17 & 18 Blk 1 Developer) Total Reimbursement 13,742.75 11 11 TY OF YAK MR 1 1 1 1 11 11111 7107184 Page: 6 of 7 0312411999 10:11A AGR $14,00 Yakima Co, SIA Orchard Rite Ltd. Sewer Reimbursable Agreement Revised Map for Orchard Rite, Ltd. Sewer Reimbursable Agreement Item No. 17-A 44468 44476 44477 44481 44475 44474 44472 44473 11483 u 44408 44407 44504 44503 N G E W 0 0 ) 11473 CO 33081 33082 A V 22400 m 22401 1 14 22402 22403 'c' \ N N 22404 N N m 0) N N 11416 11415 11417 11429 11401 11423 1458 11457 11458 11455 11454 11463 11450 11426 11427 11428 11439 11436 11433 11437 11430 11438 . , 11434 11421 11623 Scale -lin = 200ft 0 100 200 City of Yakima, Washington March 16, 1999 11 11 CITY OF YAK MA 1 1 11 11 22010 22011 3 N Nv 2244 a N e] 0 0 N N w 22012 22013 N m m m N n N N Orchard Rite Ltd. II 11 11 11 7107184 Page 7 of 7 03/24/1999 10,11A AGR $14.00 Yakima Co, WA Orchard Rite Ltd. Sewer Reimbursable Agreement Revised Map for Orchard Rite, Ltd. Sewer Reimbursable Agreement Item No. 17-A 44468 44476 44477 44481 44475 44474 44472 44473 11407 cn 0 0 11483 11484 1409 11405 1408 11406 11472 11485 11486 11487 ROOSEV 521 411 08 N CD m w on E L T a 07 C ID N 0 0 O rn A ID 0 1150 44408 44407 44504 44503 N G E W 2 0 O D l 11417 11401 11429 co N an 11423 11458 11426 11427 11457 8 11456 11439 11461 11455 1145 11473 11470 11463 11468 11467 11466 11465 11453 11436 11464 11452 11451 W 33081 33082 22400 CO 22401 22402 22403 2\. HI 1 11450 11433 11437 11428 11438 11430 11421 114 0 11434 11523 22404 co • 0 N m N N 22441 442 co m u> N N N N 2244 N c� N N m 1) N N 1) N CD 1) a N N 22010 22011 0 8 m 8 22012 22013 0 0 N co 0 0 N Of ID N 0 n W N Scale - 1 in = 200h 0 say, I 1 1 100 200 City of Yakima, Washington March 16, 1999 Orchard Rite Ltd. ITEM TITLE: SUBMITTED B BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: 17 For Meeting of: March 16. 1999 Resolution Authorizing the execution of a Sewer Main Reimbursable greement/Orchard Rite, Ltd. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Mary Lovell, Engineering Tech I / 575-6137 SUMMARY EXPLANATION: A sewer main was installed to provide service to existing commercial and residential property. The $21,959.50 cost of the sewer line was paid by Orchard Rite, Ltd.. The Sewer Reimbursable Agreement, in compliance with RCW 35.91.020, is the means by which Orchard rite, Ltd. may recover a portion of the construction costs. Resolution X Ordinance_ Contract X Other Specify Agreement / Map Funding Source: Contingency Fund APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends City Council approval of the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: