HomeMy WebLinkAboutR-2004-046 Martin Development, LLC, Sewer Utility System Reimbursement AgreementRESOLUTION NO. R-2004- 46
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, Martin Development,
LLC.
WHEREAS, Martin Development, 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,
WHEREAS, Martin Development, LLC paid all the costs and expenses for
installation of said improvements; and
WHEREAS, the City and Martin Development, 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 withMartin Development, LLC according
to the terms of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Eng. & uta.
Engr. M6/Martin
The City Manager and City Clerk are hereby authorized and directed to execute the
attached and incorporated Sewer System Reimbursement Agreement and Conveyance
with Martin Development, LLC.
ADOPTED BY THE CITY COUNCIL this 16th day of March , 2004.
PAUL P. GEORGE, MAYOR
ATTEST:
CITY CLERK Date
Eng. & Util.
Eng. AA7/Martin
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title:
Grantor:
Grantee:
Legal Description:
Parcel Number:
REIMBURSEMENT AGREEMENT
CITY OF YAKIMA, WA.
MARTIN DEVELOPMENT, LLC
PLAT OF SIERRA ESTATES, LOTS 63 THROUGH 77
AUDITORS FILE NO. 7352105
181319-33408
181319-33406
181319-33405
181319-33005
181319-33009
181319-33010
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YAKIMA C TY CLERK AOR
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7392355
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V8 88 Yakima Co WA
PUBLIC SEWER UTILITY SYSTEM
REIMBURSEMENT AGREEMENT AND CONVEYANCE
THIS AGREEMENT made and entered into this 2,1,./L day of 1/e14"cll
20Cp''J , by and between the CITY OF YAKIMA, a municipal corporation located in
Yakima County, Washington, hereinafter referred to as "CITY" and Martin
Development, LLC, hereinafter 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;
Eng. & uta.
Engr. AA1M:ntin
7392355
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:0iYAKIMA CITY CLERK AQR !88 00 YYakimz Pm uot08A
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: Plat of Sierra Estates, Phase 3 and
4, Lots 63 thru 77 as recorded under Auditors File No. 7352105, records of Yakima
County, Washington.
2. Sewer Utility System Improvements. The following described sewer
utility system improvements were installed by the Developer to serve the above-
described property:
An 8" sewer main extension in Tieton Drive. Said main being extended from
N. 96th Avenue and Tieton Drive; east to No. 93rd Avenue, all in Tieton
Drive.
The Developer certifies that the total cost of said improvement construction is
$81,344.28, subject to approval by the City Engineer. As the improvements were
installed to benefit the Developer; and as the Developer will be reimbursed
through the sale of his lots, the Developer will not be reimbursed through this
agreement for his development.
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.
Eng. & UW.
Engr. AA2i&latin 2
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5. Reimbursement for Improvements. 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.
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 total cost of said sewer utility improvement paid for by the Developer
was $81,334.28 (eighty-one thousand, three hundred, forty-four and 28/100
dollars). The prorate per property square foot charge shall be $0.2040816 for
that property detailed in Exhibit "A" provided however, that the charge shall be
adjusted should any other person, firm, corporation, or other entity be granted a
permit or be authorized to tap into the facility during the fifteen (15) year
period from the date of this Agreement. In no event shall the Developer be
reimbursed for any amount greater than that shown in Exhibit A.
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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 with the City Clerk and
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. AA4/Martin 4
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84/01/2804 11:08A
AOR #6.88 Yakima Co, WA
DATED THIS Zo7e/ . DAY OF
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
BY��=�
Dick, Zais, ity Manage__,,,
,
DEVELOPER
Martin Development, LLC.
By:
ATTEST: , Its: 07,1,5%
City Clerk y -/-aa
STATE OF WASHINGTON )
ss
County of Yakima
:CIty Contract No. 2004-45
Resolution No. R-2004-46
I'certify that I know or have satisfactory evidence that .QY fh u Y
er"ef e4- 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, acknowlgdged it as the /''/err st ei— of
/441-4;e1 Pe Wepiamet444./ L.L.C. , a L, i4ei iahtt,47
corporation, to be the free and voluntary act of said such party for tle uses and
purposes mentioned in the instrument.
DATED:
""D DA,/0,C N,crck zoo
0F; A.
•
.���� Notary °ublic in and for the State o
•,•_ 10a P_ .D� Vi/otf s-+�-/-o.- residing atti /A R.
O-431144 TA*1' 14.°,• My Commission expires: ////O /O 7
;: A/74 -e) 4. a;.se__
Eng. & Util.
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Yakima Co, UA
EXHIBIT A
SIERRA ESTATES REIMBURSEMENT
TIETON DRIVE SEWER MAIN EXTENSION
Total cost submitted: = $85,144.28
Total Eligible cost: = $81,344.28
Cost per S.F. =
PARCEL NO.
1. 181319-33408
2. 181319-33406
3. 181319-33405
4. 181319-33005
5. 181319-33009
6 181319-33010
7. Sierra Estates; Ph 4.
AGREEMENT
$81,344.28\ 398,587 = $0.2040816
NAME
Danny & Carolyn Wood
Jeannie Kay Hannon
Kern L. & Andrea L. Skinner
Melvin G. ET UX Carlson
Melvin G. ET UX Carlson
Ada E. Marquardt
Martin Development, LLC
TOTAL AREA S.F.
ADDRESS
9305 Tieton Dr.
9402 Tieton Dr.
9403 Tieton Dr.
9405 Tieton Dr.
Tieton Dr.
9501 Tieton Dr.
AREA REIM. AMT.
43,560 $8,889.80
43,560 $8,889.80
41,818 $8,534.28
60,113 $12,267.96
9,583 $1,955.71
27,443 $5,600.61
172,510 $35,206.12
398,587 $81,344.28
Parcel 7, Sierra Estates, Phase IV, will not be elegible for reimbursement.
Total amount elegible for reimbursement to the Developer = $46,138.16
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04/01/2004
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. Y 1
For Meeting Of March 16, 2004
ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable
Agreement/Martin Development LLC (Sierra Estates).
SUBMITTED BY: m Cook, Director, Department of Community & Economic Development
CONTACT PERSON/TELEPHONE: Kevin Callow, Development Engineer - 575-6120
SUMMARY EXPLANATION:
Martin Development, LLC, extended an 8" public sewer main in Tieton Drive as part of Phase 4 of
the Plat of Sierra Estates. There are additional properties fronting on this sewer main that will
benefit from this main extension. Accordingly, this developer is requesting an agreement be
established whereby he will be reimbursed for a portion of the cost of this extension based on
those connections.
The attached spreadsheet shows the allocated cost to each fronting parcel.
Resolution X Ordinance _ Contract X Other (Specify) Agreement / Map
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends City Council approval of the attached
agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
Agenda Engineering 1
Resolution adopted. REOLUTION NO. R-2004-46