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HomeMy WebLinkAboutR-2001-089 Reimbursement to Smith/Abrams LLCRESOLUTION NO. R-2001- 89 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, Smith/Abrams LLC. WHEREAS, Smith/Abrams LLC 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, and WHEREAS, Smith/Abrams LLC paid all the costs and expenses for installation of said improvements; and WHEREAS, the City and Smith/Abrams LLC 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 Smith/Abrams LLC according to the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Eng. & Util. Engr. AA5/Smith/Abrams The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Sewer System Reimbursement Agreement and Conveyance with Smith/Abrams LLC. ADOPTED BY THE CITY COUNCIL this 0" day of 3UA , 2001. MAYOR ATTEST: ,J CITY CLERK Eng. & uta. Engr. AM/Smith/Abrams Smith/Abrams, LLC Sewer Reimbursable Agreement Scale - 1 in = 3OOft O ISO City of Yakima, Washington February 23, 2001 Smith/Abrams. LLC BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.f1 For Meeting Of 6/5/2001 ITEM TITLE: Resolution Authorizing the execution of a Sewer Main Reimbursable Agreement with Smith/Abrams LLC SUBMITTED BY.'iam Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Mary Lovell, Engineering Tech I / 575-6137 SUMMARY EXPLANATION: A public sewer main and lift station was installed to provide service to existing commercial property. The $185,743.04 cost of the sewer line was paid by Smith/Abrams LLC. The Sewer Reimbursable Agreement, in compliance with RCW 35.91.020, is the means by which Smith/Abrams LLC may recover a portion of the construction costs. Fees received from customers for connection charges pass through the Wastewater Operating Fund, and a portion is used to reimburse the developer for previously incurred costs. The attached Resolution approves a maximum reimbursement of $113,384.46, which is 61% of the total project cost. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Phone: Funding Source Wastewater Oper Fund APPROVED FOR SUBMITTAL: \� City Manager STAFF RECOMMENDATION: Staff recommends City Council approval of the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION No. R-2001-89 STDE Agenda Stmt/Smith/Abrams LLC May 31, 2001 JAN -05-01 FRI 03:45 PM J L SMITH CO. d_L,.S�ri�,�► Malt 5 Co COMPANY November 27, 2000 City of Yakima Engineering Division 129 North Second Street Yakima, Washington 98901 Attn: Mr. K. Wendell Adams, PE City Engineer Re: Lakeside Development 40`h Avenue and Fruitvale Blvd. Sanitary Sewer Reimbursable Agreement Dear Mr. Adams: FAX NO. 509 4536258 P. 02 1320 No 16th Avenue, Suite A Yakima, Washington 98902 Telephone- (509) 248-3227 Fax. (509) 453-6258 RECEIVED r, -"Y OF V^rE'A MAR 2 2001 OFFICE OF CITY MANA(E: The purpose of this letter is to request a Sewer Utility System Reimbursement and Conveyance Agreement from the City of Yakima for the sanitary system for the above referenced development which was constructed by the Developers to City standards. The sewer system consists of a new gravity collection system with manholes and side sewers, a new City of Yakima standard sewage pump station, and a new force main to the existing gravity sewer system across Fruitvale. I started the procedure some time ago with Mary Lovell in the Engineering Division. However, I have been informed that Doug Mayo of the Wastewater Division is saying that the sewage pump station is not eligible to be part of the reimbursable agreement because it is "temporary" I do not agree with that determination. in May of 1999, we had proposed an interim, temporary, private lift station to be owned, operated, and maintained by a property owners association to serve the Lakeside Development until such time as City of Yakima gravity sewer was constructed to the site (copy of May 18, 1999, letter attached). This proposal was rejected by the City. The pump station was designed to City of Yakima standards for_ a public lift station and the pumps were oversized at the request of the Wastewater Division to provide service for not only the Lakeside Development, but the area north of Fruitvale and east almost to the Ace Hardware building. Hardly a temporary solution. In addition, RCW 35.91.020 (copy attached), which is referenced as the standard in the City's Reimbursable Agreement document, states: "The governing body of any city, town.....may contract with owners or real estate for the construction of storm, sanitary, or combination sewers, pumping stations, and disposal plants, water mains....for the reimbursement of such owners...." Pump stations are clearly included in reimbursable agreements according to RCW 35.91.020. JAN -05-01 FRI 03:46 PM J L SMITH CO. City 'of Yakima Engineering Division November 27, 2000 Page 2 FAX NO. 509 4536258 P, 03 In addition, Paragraph 9 of the City's Reimbursable Agreement states: ...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." I believe this says that the City can and will collect for connections to the system described in the reimbursable agreement up to the time (within the 15 year period) that the system is no longer needed (if ever) due to a change in service to the area. It does not say that the amounts collected up to that time are invalid or need to be refunded. Indeed, the subsequent users who paid under the reimbursable agreement received the benefit of the system and were able to proceed with their projects because of the improvement work done by the initial developer. Again, there is nothing to preclude this pump station from being included in the reimbursable agreement. Thank you for your consideration of this matter. We are anxious to move forward with the completion of the Reimbursable Agreement, including the sewage pump station, which we have understood to be possible since our initial meeting with the City in June of 1998. Very truly yours, MS/jk Enclosures copy: Glenn Rice, Assistant City Manager Doug Mayo, Wastewater Division Myron Abrams Huibregtse, Louman Associates, Inc. JAN -05-01 FRI 03:46 PM J L SMITH 00, COMPANY dL_.Siiih May 18, 1999 FAX NO. 509 4536258 P. 04 City of Yakima 129 North Second Street Yakima, WA 98901 Attn: Mr. BHI Cook, Director Department of Community & Economic Development Re: Lakeside Development 401" Avenue and Fruitvale Boulevard 1320 No.16th Avenue, Suite A `(akima, Washington 98902 Telephone: (509) 2.48-3227 Fax: (509) 453-6258 Dear Bill: The purpose of this letter is to recap our meeting of May 17, 1999. Those present at the May 17, 1999, meeting were Bill Cook, Joan Davenport, Dan Valoff, Kevin Callow, and Bob Desgrosellier all from the City of Yakima, and Mark Smith, Myron Abrams, Bill Huibregtse, and Dennis Whitcher representing the developer. Two issues were discussed at the May 17, 1999, meeting. Ttie first was the issue of an interim private sanitary sewer lift station and the second was the proposed design of the end of the new public road into our development. Sanitary Sewer We have designed a private on-site sewer lift station for our development based on information received from the City of Yakima at a meeting on June 9, 1998. Present at this meeting were Dan Valoff and Al Rose from the City of Yakima and Mark Smith, developer, and Dennis Whitcher, engineering consultant. The proposed 8 -lot short plat was reviewed and the issue of a public vs. private sewer lift station discussed. The City staff advised that the properties on the north side of Fruitvale, from our site east to Ace Hardware, were not currently served by public sewer and expressed their desire to sewer this area in the future. Our notes from our referenced June 9, 1998, meeting reflect we were informed that a private on- site sewer lift station to serve the lots in this development would be acceptable, but that the City would not be responsible for operating or maintaining the private lift station. We proceeded with the purchase of this property and the design of all required utilities based upon this advice from the City Staff. YK1O.73 JAN -05-01 FRI 03:46 PM J L SMITH CO. FAX NO. 509 4536258 P. 05 REVISED CODE OF WASHINGTON Page 1 of 1 RCW 35.91.020 Contracts with owners of real estate for water or sewer facilities --- Reimbursement of costs by subsequent users. The governing body of any city, town, county, water -sewer district, or drainage district, hereinafter referred to as a "municipality" may contract with owners of real estate for the construction of storm, sanitary, or combination sewers, pumping stations, and disposal plants, water mains, hydrants, reservoirs, or appurtenances, hereinafter called "water or sewer facilities," within their boundaries or (except for counties) within ten miles from their corporate limits connecting with the public water or sewerage system to serve the area in which the real estate of such owners is located, and to provide for a period of not to exceed fifteen years for the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such water or sewer facilities and who subsequently tap onto or use the same of a fair pro rata share of the cost of the construction of said water or sewer facilities, including not only those directly connected thereto, but also users connected to laterals or branches connecting thereto, subject to such reasonable rules and regulations as the governing body of such municipality may provide or contract, and notwithstanding the provisions of any other law. To the extent it may require in the performance of such contract, such municipality may install said water or sewer facilities in and along the county streets in the area to be served as hereinabove provided, subject to such reasonable requirements as to the manner of occupancy of such streets as the county may by resolution provide. The provisions of such contract shall not be effective as to any owner of real estate not a party thereto unless such contract has been recorded in the office of the county auditor of the county in which the real estate of such owner is located prior to the time such owner taps into or connects to said water or sewer facilities. (1999 c 153 § 38; 1981 c 313 § 11; 1967 c 113 § 1; 1965 c 7 § 35.91.020. Prior: 1959 c 261 § 2.] '-v �— NOTES: Part headings not law -- 1999 c 153: See note following Severability -- 1981 c 313: See note following http://search.Ieg.wa.gov/wslrcw/RCW%20%203.../RCW%20%2035%20.%2091 %20.070 ht 11 /9?/nn Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Sewer Utility System Reimbursement Agreement and Conveyance Grantor: City of Yakima Grantee: Smith/Abrams, L.L.C. LEGAL DESCRIPTION: SP AF 7186577: Lots 1 through 8 (See detailed descriptions contained in Exhibit A on pages 5 and 6 of the agreement). Parcel Numbers: 181315-12406, 181315-12407, 181310-43401, 181310- 43402, 181310-43403, 181310-43404, 181315-12408, and 181315-12409 1 1111111111111111111 1111 1311 1 If 1111 II 7219758 Page 1of7 CITY OF YAKIMA AGR $14 GA Yakima Co, WR 10A SEWER UTILITY SYSTEM REIMBURSEMENT AGREEMENT AND CONVEYANCE THIS AGREEMENT made and entered into this day of 8 2001, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Smith/Abrams LLC, 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 35.91.020; 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 Parcel Nos. 181315-12406, 181315-12407, 181310- 43401, 181310-43402,181310-43403, 181310-43404, 181315-12408, 181315-12409. Eng. & UtiL Engr. AAl/Smith/Abrams 1 1 N 1 1 1 7219758 Page: 2 of 7 86/11/2N1 11:1&A $14 AA Yakima Cn, WA 2. Sewer Utility System Improvements. The following described sewer utility system improvements were installed by the Developer in connection with the above-described property: Public sewer main and Lift station to serve Lakeside Development in the vicinity of North 40th Avenue and Fruitvale Boulevard. The Developer certifies that the total cost of said improvement construction is $185,743.04. 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 into or connect to said improvement, all subject to the laws and ordinances of the City of Yakima, the State of Washington, and the provisions of this Agreement. The pro -rata cost per square foot is $.2247796; provided that in no event shall the Developer be reimbursed for any amount greater than $113,384.46. No person, firm, corporation, or other entity shall be granted to 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. Eng. & Util. Engr. AA2/Smith/A6rams 11,1111111 1 n 1 I� llh1 u 7219758 Page 3 of 7 06/11/2001 11:1019 AAA nn .1.: ... n_ HA 6. Conveyance of Improvements to Citv. 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 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 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 jib DAY OF h E , 2001. CITY OF YAKIMA, WASHINGTON, a Muni ipal Co oration Smith/Abrams LLC DEVELOPER BY ick, Zais, City Manager ATTEST: City Clerk Eng. & Util. Engr. AM/Smith/Abrams Mark L. Smith Its: nM 1 1111 11 1 1 1 IN 11 1 11 7219758 Page: 4 of 7 A6/11JPAR1 11:11T4 STATE OF WASHINGTON ) ss County of Yakima I certify that I know or have satisfactory evidence that //74KP_ 4_ 15r)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 acknowledged it as the Vilemkx, r of O ,' f In i ra /11 S 1-- I-- C._ a -° +e i1i corporation, to be the free and voluntary act of said such party fo"r the uses and purposes mentioned in the instrument. DATED: Y;7 C+. /Lk't- (y ,Loo) Eng. & Util. Engr. AA4/Smith/Ahranu Notary Public in and for the State of 1t n1,v)a , residing at Yth. My Commission expires: 11// /09-- 7219758 Page 5 of 7 CITY OF YAKIMA AGR $14 AA 0fi/11I2Q01 11.10R SMITH/ABRAMS LLC SEWER MAIN REIMBURSABLE AGREEMENT EXHIBIT A Properties benefiting from Smith/Abrams LLC Sewer Main Extension, City Project 9904.04 Connection Rate: $ .2247796 per square foot Parcel No. & Legal Description Yakima County Parcel Legally Described as SP Yakima County Parcel Legally Described as SP Yakima County Parcel Legally Described as SP Yakima County Parcel Legally Described as SP Yakima County Parcel Legally Described as SP Yakima County Parcel Legally Described as SP Yakima County Parcel Legally Described as SP Yakima County Parcel Legally Described as SP 181315-12406 AF 7186577.Lot 1 181315-12407 AF 7186577: Lot 2 181310-43401 AF 7186577:Lot 3 181310-43402 AF 7186577. Lot 4 181310-43403 AF 7186577: Lot 5 181310-43404 AF 7186577: Lot 6 181315-12408 AF 7186577: Lot 7 181315-12409 AF 7186577: Lot 8 Yakima County Parcel 181315-11003 Legally Described as TH PT OF NE1/4 NE1/4BEG AT CEN LN OF N.P.RY R -W & W LN OF SUBD.TH S 58 D 30'E 537 FT,TH N 16 D 36"E 190.10 FT,TH N 66 D 44'30 W 291 FT,TH N 58 D 40'30 W 110.65 FT,TH N 85 D 43'30 W 148.78 FT TO W LN OF SUBD TH S 1 D 10'30 W 79.95 FTTO POB EX W 25 FT RD & EX RY R/W Yakima County Parcel 181315-11005 Legally Described as BEG S 011\10'30 W 306.9 FT S OF NW COR NE1/4 NE1/4, TH E 35 FT, TH S 81^15'E 70.5 FT, TH S 71^12'E 100.1 FT,TH S 83^30'E 87.3 FT,TH S01^10'30 W TO N.P. RY R/W,TH NW'LY AL SD R/W 330 FT TO BEG EX BEG CEN LN RY R/W & W LN NE1/4 NE1/4, TH S 58^30'E 537 FT, TH N 16^36"E 190.1 FT TH N 66^44'30 W 291 FT,TH N 58 40 30 W 110.65 FT,TH N 871'43'30 W 148.78 FT,TH S 01^10'30 W 79.95 FT TO BEG EX W 25 FT RD IIfflNIIAJIII 1 II Reimbursable Amount -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) 1 II $ 16,645.38 $ 19,582.80 7219758 Page: 6 of 7 @6/11/6801 11:18R ti4 f€ Yakima Co, WA Yakima County Parcel 181315-11012 Legally Described as BEG AT INTERS OF CEN LN N.P.RY R- W & W LN NE1/4 NE1/4,TH S 58 D 30'E 537 FT,TH N 16 D 36'E 289.65 FT TO TRUE POB TH S 16 D 36'W 99.55 FT,TH N 66 D 44'30 W 291 FT,TH N 58 D 40'30 W 110.65 FT,TH N 87 D 43'W 148.78 FT TO W LN OF SUBD.TH N AL W LN TO A PT N 64 D 55'W OF TRUE POB THS 64 D 55'E TO TRUE POB EX TH PT LY W OF A LN BEG AT INTERS OF N LN OF N P.RY R/W & W LN NE1/4 NE1/4,TH N AL W LN 378.50 FT,TH S 88 D 44'E 25 FT,TH S 79 D 59'E 80.50 FT,TH S 69 D 56'E 100 FT,TH S 82 D 14'E 87.30 FT TO POB TH S1 D 10'30 W TO N'LY R/W OF RY & END OF SD L Yakima County Parcel 181315-11016 Legally Described as BEG AT INTERS OF W LN NE1/4 NE1/4 & CEN LN N.P.RY R-W,TH N 378.5 FT,TH E 35 FT,TH S 81 D 15'E 70.5 FT,TH S 71 D 12'E 100.1 FT,TH S 83 D 30'E 87.3 FT TO TRUE POB TH S 83 D 30'E 34 FT, TH N 87 D 55'E 118.2 FT, THN71D311E137.2FT,TH N66D11'ETOAPTWHISN16 D 36'E OF PT'A',PT'A'BEING S 58 D 30'E 537 FT FROM INTERS OF W LN NE1/4 NE1/4 & CEN LN OF N.P.RY R/W TH S 16 D 36' W TO A PT 289.65 FT FROM PT'A',TH N 64 D 55W TO A PT S 1 D 10'30 W OF RUE POB TH N 1 D 10'30 E TO TRUE POB & EX BEG AT PT OF INTERS OF N'LY R/W LN N.P.RY & W LN NE1/4 NE 1/4,TH N AL W LN 378.5 FT,TH E 25 FT,TH S 81 D 15'E 80.5 FT,TH S 71 D 12'E 100 FT,TH S 83 D 30'E 87.3 FT,TH S'LY PAR TO W LN 231.66 FT TO TRUE POB TH N PAR TO W LN 231.66 FT,TH S 83 D 30'E 44 FT,TH N 87 D 55'E 118.2 FT,TH SW'LY TO TRUE POB Yakima County Parcel 181315-11017 Legally Described as BEG INTERS OF N'LY N,P,RY R/W & W LN NE 1/4 NE1/4,TH N AL W LN 378.5 FT,TH E 25 FT,TH S 81^15'E 80.5 FT, TH S 71 ^12' E 100 FT, TH S 83^30'E 87.3 FT, TH S 231.66 FT TO TRUE POB,TH N 231.66 FT,TH S 83^30'E 44 FT, TH N 87^55'E 118.2 FT TH SW'LY TO TRUE POB Yakima County Parcel 181315-12029 Legally Described as BEG S 88^51'20 E 1002.2 FT OF NW COR NW 1/4NE1/4, TH S 30^35'10 W 203.66 FT TH S 59^24'50 E 125 FT,TH S 30^35110 W 225 FTTO N'LY B.N.RY R/W, TH SE'LY AL R/W TO E LN SD SUBD, TH N TO NE COR,TH N 88^51'20 W TO BEG EX E 200 FT Yakima County Parcel 181315-12030 Legally Described as E 200 FT OF NW1/4 NE1/4 LY N OF N'LY BNRR R/W $ 5,679.06 $ 18,603.66 $ 3,916.56 $ 20,855.73 $28,101.27 TOTAL REIMBURSEMENT $113,384.46 11111111111111111111111111111/11111111111101111111111 7219758 Page 7 0£ 7 CITY OF YAKIMA AGR i;14 GA Yakima Co, WR 16R