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Home My WebLink AboutR-2001-174 Sewer Utility System Reimbursement Agreement & ConveyanceRESOLUTION NO. R-2001- 174 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, Sears/ Rostvold/ Cleveland. WHEREAS, Sears/ Rostvold/ Cleveland 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, Sears/Rostvold/Cleveland paid all the costs and expenses for installation of said improvements; and WHEREAS, the City and Sears/Rostvold/Cleveland 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 Sears/Rostvold/Cleveland according to the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Eng. & Lail. Engr. AA5/Sctrs/Rostvok6'CleveLmd The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Sewer System Reimbursement Agreement and Cnnvcvnr^o 'A7it1'1 CoArc /Rngfvnld /Clevelan l ADOPTED BY THE CITY COUNCIL this 18th hday of December, 2001. f4 / 7(L/',/ MAYOR A 1"1'EST: CITY CLERK Eng RLW Engr AA6/Sears/RostvoId/Cleveland City of Yakima City Clerk 129 North 2nd Street Yakima, WA 98901 SEWER UTILITY SYSTEM REIMBURSEMENT AGREEMENT AND CONVEYANCE THIS AGREEMENT made and entered into this day of 1/4....16,--11 a , 200jt by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Sears/Rostvold/Cleveland, 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 181319-13445 owned by Cleveland Yakima County Parcel 181319-13446 owned by Rostvold Yakima County Parcel 181319-14014 owned by Sears. Eng. & Utfl. Engr. AA1/Sears/Rosrvold/Cleveland CI Y OF YAK MA 1111 11 1 111 1 1 II 111 1 11 7252356 Page: 1 of 6 01/14/2092 03:44P AG $ 4.90 Yakima Co, 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: An eight (8) inch sewer main and appurtenances beginning at the existing manhole on Summitview Avenue extending north approximately 387 feet on North 84th Avenue. The Developer certifies that the total cost of said improvement construction is $19,177.94. 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 parcel is $3,196.32; provided that in no event shall the Developer be reimbursed for any amount greater than $9,588.96. 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. & Ulil. Engr. M2/Sears/Rostvold/Cleveland 11 11 11 11 ITY OF YAKIMA 1 111 1 1 7252356 Page: Pot G 01/14/2003 03:44P AG $ 4,00 Yakima Co, WA 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 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. Eng. & Util. Engr. AA3/Sears/Rostvold/Cleveland 11 11 1 1 11 CITY OF YAK MR 1 111 1 1 11111 11 7252356 Page: 3 of 6 01/14/2002 03:44P A6 $ 4.00 Yakima Co, WA � (1 DATED THIS iLl,'MAY DAY OF , 200/T.71- CITY OF YAKIMA, WASHINGTON, a Municipal Corporation BY Dick, Zais, City—‘Manager ATTEST: K,> mak` City Clerk 1 a _s `3 STATE OF WASHINGTON County of Yakima I certi signed thi mention DATE :SS Bxee-Seals By: Eugene Rostvold /� By: � etaI�'iC• ack Cleveland City Contract No. ,QcZf ._ Resolution No. .-XCH or have satisfactory evidence that nowledged it to be the free and voluntary act for the uses and purposes C_._Ce;_ y -L1' S --e. ., I certify that I know signed this ins ■ -- - mentionec};it tg rs DATE ' a lit ii NO T'4Ri Notary Public in and for the State of ' 3'� ; pi, l L` W f$ , residing at /4- f 112%-49`-' n ''', .9y� �. My Commission expires: 5— l �-- ®s I c p• ,41�� {4b � , or have satisfactory evidence that signed this in,..._ - d acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. o40\ssi day of . �.�1'1.1 , 200/4. Notary Public in and for the State of L'.,"V"-- , residing at My Commission expires: 5 - t _ � or have satisfactory evidence that g ILAA vM /d and acknowledged it to be the t. free and voluntary act for the uses and purposes day of S-cA. ' 200,!1_: Eng. & Util Engr. AA4 day ofd w (-' Notablic�x�� n�•�r U)' , t� r My Commissi n expires: 11 11 11 TY OF YAKIMA 1 111 tate o residing at (4 -12- /5', 2_6(93 1 1 11 111111 7252356 Page: 4 of 6 011141300E 03:44P AG $ 4,00 Yakima Co, WA SEARS/ROSTVOLD/CLEVELAND SEWER MAIN REIMBURSABLE AGREEMENT EXHIBIT A Properties benefiting from the Sears/Rostvold/Cleveland Sewer Main Extension, City Project 0105.01 Connection Rate: $3,196.32 per parcel Parcel No. & Legal Description Reimbursable Amount Yakima County Parcel 181319-13445 Legally Described as Kail Subdivision: Lot 4 -0- (Property Owned by Cleveland) Yakima County Parcel 181319-13446 -0- Legally Described as Kail Subdivision: Lot 5 (Property Owned by Rostvold) Yakima County Parcel 181319-13447 Legally Described as Kail Subdivision: Lot 6 EXS 10 FT Yakima County Parcel 181319-14007 Legally Described as BEG 150 FT N OF SW COR SEL NE1/4,TH N 117 FT,TH E 132 FT, THS 45 DETO APT 179.55 FTEOFWLN, THS TO A PT E OF POB.TH W TO POB. EX W 20 FT ROAD Yakima County Parcel 181319-14008 Legally Described as W 164.55 FT OF S 150 FT OF SE1/4 NE1/4 EX W 20 FT AND S 40 FT FOR RDS $3,196.32 $3,196.32 $3,196.32 Yakima County Parcel 181319-14014 -0- Legally Described as BEG 337 FT N OF SW (Property Owned by Sears) COR SE1/4 NE1/4, TH S 70 FT, TH E 132 FT, THS 45DETOAPT 179.55FTEOFWLN, TH N TO A PT E OF POB, TH W 179.55 FT TO POB, EX W 20 FT RD, ALSO E 15 FT OF W 179.55 FT OF S 150 FT OF SE1/4 NE1/4 TOTAL REIMBURSEMENT $9,588.96 1 111 1 1 A 1 iii 7252356 Page: 5 of 6 01/14/2002 03:44P CA AA Yakima rn, UA Sears/Rostvold/Cleveland Sewer 11 11 11 C TY OF YAKIMA Reimbursable Agreement 1 111 1 1 II 111111 7252356 Page: 6 of 6 01/14/2002 0344P AG $14.00 Yakima Co, WA THORN DR co Summitview Ave LH Alpine IA/ 1 1 BR --- SUMMITVIE Scale —lin = 200ft 0 100 200 City of Yakima, Washington October 22, 2001 4 et Yee" Avt; Sears/Rostvold/Cleveland BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 (O For Meeting Of 12/18/01 ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable Agreement with Sears/Rostvold/Cleveland SUBMITTED BYRCleam Cook, Director Department of Community & Economic Development CONTACT PERSON/TELEPHONE: Mary Lovell, Assistant Planner -- 575-6164 SUMMARY EXPLANATION: A public sewer main was installed to provide service to existing residential property. The $19,177.94 cost of the sewer line was paid by Bruce Sears, Eugene Rostvold and Jack Cleveland. The Sewer Reimbursable Agreement, in compliance with RCW 35.91.020, is the means by which Sears/Rostvold/Cleveland 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 $9,588.96 which is 50% of the total project cost. Resolution X Ordinance Other (Specify) Contract X Mail to (name & address): Phone: Funding Source Wastewater Operating 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-2001-174 Legal/BD Agenda Engineering 2