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HomeMy WebLinkAboutJeannette Martin - City of Yakima Reimbursement AgreementAfter Recording Return To: City of Yakima Engineering Division 129 North 2nd Street Yakima, WA 98901 CITY OF YAKIMA REIMBURSEMENT AGREEMENT GRANTOR: Jeannette Martin GRANTEE: THE CITY OF YAKIMA, a municipal corporation THE PUBLIC LEGAL: See Exhibit A PARCEL NOS: 181327-44426, 181327-44472, 181327-44474, 181327-44476 18132744478, 181327-44480, 181327-44482, 181327-44484 181327-44502, 181327-44503, 181327-44407, 181327-44401 181327-44405, 181327-44404, 181327-44403, 181327-44454 181327-44409, 181327-44425 REIMBURSEMENT AGREEMENT FOR UTILITY IMPROVEMENTS THIS AGREEMENT is made and entered into between the City of Yakima hereinafter "the City", and Jeannette Martin hereinafter, "Owner". WHEREAS, the City of Yakima is a Washington First Class City, and as such has the power, pursuant to RCW Chapter 35.91 and Yakima Municipal Code section 7.67, to contract with owners of real estate for the construction of utility improvements and to provide for partial reimbursement of the costs of such construction, and WHEREAS, the Owner is desirous of developing real estate, and in compliance with the City's standards, will construct water and/or sewer facilities, as defined in RCW 35.91.015, to serve that real estate and the public, and is willing to convey all such facilities to the City as provided herein, and WHEREAS, said facilities will benefit other properties and relieve the developers of those properties from the burden of construction of similar facilities, and Owner should therefore receive reimbursement from the owners of such other properties of a fair share portion of the cost of construction of said facilities, now, therefore, IN CONSIDERATION OF THE MUTUAL BENEFITS and conditions hereinafter contained, the parties hereto agree as follows: 1. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Owner warrants that they are the owner of real property for which they are constructing water and/or sewer facilities as described in Exhibit A, attached hereto and Incorporated herein by this reference as if set forth in full, hereinafter the "Improvements" or "Facilities", and those Facilities will be constructed according to applicable City standards and according to plans approved by the City. All costs for engineering, design, construction and inspection of said Facilities, whether incurred by the City or by the Owner, shall be paid by the Owner. 2. APPROVAL AND ACCEPTANCE OF FACILITIES. Upon the completion of the Facilities, the City shall be authorized to approve their construction and accept the same as facilities of the City, and to charge for their use at rates that the City is authorized by law to establish. Owner agrees that all Facilities shall be transferred to, and owned by, the City upon their completion. 3. BENEFITED AREA AND REIMBURSEMENT FEES. Owner and City agree that the Facilities described herein will directly benefit certain property not owned by Owners which is legally described on Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full, by enabling or facilitating development of those Facilities. Pursuant to Chapter 35.91 RCW, the City agrees to charge a share of the costs of constructing said Facilities against those owners of real estate located in the area described on Exhibit 8 who did not contribute to the original cost of the facilities constructed by the Owner under this Agreement, and who subsequently tap into, connect, or otherwise use said Facilities. The City of Yakima reserves the right to determine if the properties described in Exhibit B must receive service by subsequently tapping into or otherwise using the Facilities constructed according to the terms of this Reimbursement Agreement, or if these properties shall be served by other facilities. Nothing in this Agreement shall be construed as obligating the City of Yakima to require that the properties described in Exhibit B tap into or otherwise use or receive services from the Facilities for which this Agreement is entered into, if the City determines, in its sole discretion that such properties are better served by other facilities. If a property described in Exhibit B receives service from the City of Yakima by facilities other than those for which this Agreement is entered into, then no reimbursement fee shall be owing of that parcel under this Agreement. The schedule for reimbursement fees is attached as Exhibit C. 4. COSTS OF IMPROVEMENTS. An itemized estimate of the costs of the Facilities which have been approved by the City Engineer is attached hereto as Exhibit D. Within one hundred twenty (120) days of the completion of the Facilities, the Owner must submit the total cost of the Facilities to the City. This information must be used by the City as the basis for determining reimbursement by future users who benefit from the Facilities but who did not contribute to the original cost of the water or sewer facility. In the event that the reimbursement fees shall be recalculated by the City Engineer using actual cost figures an amended schedule of fees shall be recorded by the City without the necessity for further agreement by the Owner. Owner agrees that actual costs approved by the City shall not result in recalculation of the fees. 5. REIMBURSEMENT TO OWNERS/ADMINISTRATIVE FEE. During the life of this Agreement, the City shall charge and use reasonable efforts to collect such fees as are provided for herein, and upon receipt of such fees shall deduct 6% for the City's costs of administration and remit the remainder to the Owner within sixty days after receipt of the reimbursement fees. Owner agrees that the City shall not be liable for failing to collect any reimbursement fee called for by the terms of this Agreement and shall not be obligated to make any payment to Owner until the reimbursement fee has actually been received by the City. If any person or entity taps into or connects to the improvements without paying the reimbursement fee, then the City may, at its option, either (a) use the City's best efforts and due diligence to collect the reimbursement fees, or (b) assign to the Owner all of the City's rights to collect. If the City assigns the collection rights, the Owner may thereafter make demand of, receive payment from, and at its sole cost and expense commence legal proceedings against the person, firm or other entity who has tapped into or connected to the improvements in order to collect the reimbursement fees. Upon assignment of the rights to collect, the City shall be relieved of any further obligation to collect the reimbursement fees for the Owner. 6. OWNER SHALL KEEP ADDRESS CURRENT. The Owner shall at all times keep the City apprised of Owner's current name, address and telephone number. Owner shall, at a minimum, be required to notify and provide the City with the Owner's current name, address, and telephone number every two years on the anniversary dateof this Agreement. If the Owner fails to comply with this notification requirement within sixty (60) days of the specified date, the City may thereafter collect and keep any reimbursement fees owed to the Owner under this Agreement and The Owner shall have no further rights to such fees. The City shall deposit all fees so collected in the City's capital improvement fund. The City shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through this Agreement. 7. LOCAL IMPROVEMENT DISTRICT. The City agrees that, during the term of this Agreement, if a Local Improvement District is established to construct sewer and water improvements which will be connected into or will make use of the facilities constructed under the provisions of this Agreement and such District includes property identified as benefited area described on Exhibit B, the City will include, in the cost of construction of the improvements financed by the Local Improvement District or Utility Local Improvement District and in the assessments of said benefiting property, the reimbursement fees established for said benefiting property. 8. SEGREGATION. Owner agrees that the City shall be authorized to make segregation of, or adjustments to, the schedule of reimbursement fees listed in the attached Exhibit C, if a benefited property is divided through subdivision or if the property(s) area changes through boundary line adjustments. The City shall make the segregation or adjustment generally in accordance with the method used to establish the original reimbursement fees. The segregation or adjustment shall not increase or decrease the total reimbursement fees to be paid. The City may make all such segregation and adjustments without the necessity of further agreement by the Owners and shall effectuate the same by recording a revised reimbursement schedule with the Yakima County Department of Records and Elections. 9. TERM. The fees provided for in this Agreement shall be a charge due and collected by the City. The City will collect reimbursement fees for a period of 20 years from the date of this agreement. Upon the expiration of said period this Agreement shall terminate and no obligation to pay reimbursement payments shall thereafter arise by virtue of this Agreement. 10. HOLD HARMLESS. Owner will defend, indemnify, release, and hold harmless the City and the City's elected and appointed officials, officers, agents, employees, and volunteers from all claims and costs of defense arising out of this Agreement as a result of Owner's actions, misconduct, or breach of contract, including but not limited to attorney's fees, expert witness fees, and the cost of services of engineering and other personnel whose time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration, proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. 11. COVENANT RUNNING WITH THE LAND. This Agreement shall be a covenant running with the land and be binding on the Owner, its successors, heirs and assigns and shall be binding on the legal owners of all properties within the Benefitted Area and their successors, heirs, and assigns. 12. CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement. , 13. RECORDING. This Agreement shall be recorded with the Yakima County Auditor's Office within thirty days of the date hereof as required by RCW Chapter 35.91, the costs of which shall be paid by the Owner. The Owner shall provide the City with confirmation of recording. The recording of this notice shall be notice to the Owner of the benefited properties that a reimbursement fee is to be paid at the time of connection to the City Utility system. INS WIZNESS WHEREOF the parties have caused this Agreement to be executed This City . irraa ictoria Baker, Cit anager CITY CONTRACT NO. 202.S-kJ Ir�i RESOLUTION NO' IA ATTEST/AUTHENTICA IED: R©salinda Ibarra, City Clerk vcd as to Form: Office of the City Attorney STATE OF WASHINGTON COUNTY OF YAKIMA day of eh b,PY.. ,2©v15 I certify that I know or have satisfactory evidence that t�, t,rt►'I }e_ (t o-v4j . , Owner, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DAi'ED: td-b.Q.i'5a_..g©-'.5— Attachments: Exhibit A — Description of Improvements Exhibit B — Benefited Area Exhibit C — Reimbursement Fees Exhibit D — Estimated Costs of Improvements Now Public in and fo Washington, residing My appointment expir EXHIBIT A Project Description The project will construct 911 lineal feet of 8" sanitary sewer main along S. 34th Avenue from W. King Street to Parcels Belon ing to Owner Parcel Parcel Number Legal Description 1 181327-44425 Flat DAVID'S ACRES (T49): The South 100 feel of the West 135 feet of Tract —A" Parcels Benefitting from Sewer Extension Parcel Parcel Number Legal Description 2 181327-44426 Plat DAVID'S ACRES (T49). Lot 1 3 181327-44472 JOHN MARSHALL ADD LOT 5 4 181327-44474 JOHN MARSHALL ADD LOT 7 5 181327-44476 JOHN MARSHALL ADD. LOT 9 6 181327-44478 JOHN MARSHALL ADD. LOT 11 7 181327-44480 JOHN MARSHALL ADD. LOT 13 8 181327-44482 Plat JOHN MARSHALL ADDITION (VV46): Lot 15 9 181327-44484 JOHN MARSHALL ADD: LOT 17 10 181327-44502 WILLOW PARK: LOT 24 11 181327-44503 WILLOW PARK* t OT 26 12 181327-44407 THE PADDACK GARDEN LOTS: N 100 FT OF E125 FT OF S1/2 OF LOT 5 13 181327-44401 THE PADDACK GARDEN LOTS: S 90 FT OF E245 FT OF N1/2 OF LOT 5 14 181327-44405 THE PADDACK GARDEN LOTS: E 245 FT OFN1/2 OF LOT 5 EX N 146 FT EX S 90 FT 15 18132744404 THE PADDACK GARDEN LOTS: S 73 FT OF N146 FT OF E 245 FT OF LOT 5, EX E 5 FT 16 181327-44403 THE PADDACK GARDEN LOTS: N 73 FT OF E245 FT OF LOT 5 EX E 5 FT 17 181327-44454 LARKWOOD ADD: LOT 1 THE PADDACK GARDEN LOTS: BEG 250 FT SOF NE COR OF S3/4 OF LOT 6:TH S 100 FTT11 W 150 FT,TH N 18 18132744409 100 FT,TH E 150 FT EXE 5 FT RD R/W SEWER MAIN EXTENSION SOUTH 34TH AVE LATECOMERS AGREEMENT 00 200 GREGORY AVE W LOGAN AVE PARCELS BELONGING TO OWNER A 2803 Rival' Road Yakima, WA 98902 (509) 966.7000 www,81fc8M cOrn W LOGAN AVE PLATH AVE 8" Sewer Main Extension W KING ST PARCELS BENEFITING FROM SEWER MAIN EXTENSION Dn iE: 9-02-25 Flf_L NAMES„ DRAWING, 25040 dw9 DESIcriED By: MRH LNIERED BY; 11DH BENEFIT AREA EXHIBIT B Reimbursement Fees - EXHIBIT C Parcels Belonging to Owner Parcel Parcel Number Parcel Size (Acres) Latecomers Cost Legal Description 1 181327-44425 0.31 $11,237.87 P4tl DAVID'S ACRES (T49): Thu South 100 loot of thu Wusl 1351oet of Trail "A" Toml= 0.31 S11,237.87 Parcels Benefitting from Sewer Extension Parcel Parcel Number Parcel Size (Acres) Latecomers Cost Legal Description 2 181327-44426 0.20 $7,250.24 Mal DAVID'S ACHES (T49): L011 3 181327-44472 0.29 $10,612.85 JOHN MARSHALL ADD. LOT 5 4 181327-44474 0.29 $10,512.85 JOHN MARSHALL ADD. LOT 7 5 181327-44476 0.29 $10,512.85 JOHN MARSHALL ADD. LOT 9 6 181327-44478 0.33 $11,962.89 JOHN MARSHALL ADD. LOT 11 7 181327-44480 0.30 $10,875.36 JOHN MARSHALL ADD. LOT 13 8 181327-44482 0.30 $10,875.36 Plat JOHN MARSHALL ADDITION (W48)' I of 15 9 181327-44484 0.30 $10,875.36 JOHN MARSHALL ADD: LOT 17 10 181327-44502 0.26 $9,425.31 WILLOW PARK LOT 24 11 181327-44503 0.33 $11,962.89 WILLOW PARK: LOT 25 12 181327-44407 0.27 $9,787.82 THE PADDACK GARDEN LOTS: N 100 FI OF E125 FT OFS1/2 OF LO1 5 13 161327-44401 0.49 $17,763.09 THE PADOACK GARDEN LOTS: S 90 FT OF E245 FT OF N1 R OF LOT 5 14 181327-44405 0.51 $18,488.11 THE PADDACK GARDEN LOTS: E 245 FT OFN1r2 OF LOT 5 EX N •45 FT EX 5 90 FT 15 181327-44404 0.40 $14,500.48 I HE PADDACK GARDEN LOTS: S 73 FT OF N146 FT OF E 245 FT OF LOT 5, EX E 5 FT 16 181327-44403 0.40 $14,500.48 1 HE PADDACK GARDEN LOTS: N 73 Ff OF E245 Fr OF LOT 5 EX E 5 FT 17 181327-44454 0.25 $9.062.80 LAHKWODD ADD: LO1 1 18 181327�4409 0.34 $12,325.41 THE PADDACK GARDEN LOTS: 6EG 250 FT SOF NE COR OF S3/4 OF LO1 6,Tr S 100 FTTN W 150 t00FT, rHE 150FTEXE5FTRDR/W 1,1H N Total= 5.55 $201,184.13 Sewer Extension Total Amount Construction Cost= $171,432.00 EngineeringlSurveylInspection= $41,000.00 Total= $212,432.00 Total Area (Acres)= 5.86 Calculation of Latecomers Fee Construction Amount Total Area (Acres) AmountlAcre $212,432.00 5.86 $ 36,251.19 S. 34TH Ave. Sewer Extension EXHIBIT D ITEM Civil Cost Estimate - August 27. 2025 HLA PruiectNo. 25. Ci ER IF+M1PRQ1,iERNENT nI7 ITEM UNIT APPROX HLA UNIT PRIG VEtRAAI COST S 7 Proje tTemporaryTrafficCo PCC Plan arc slrsr Cantro! I tVaiar Polluiicsn Plan Unr lasslirad ExH ul Crushed Surfacing 8aee Cau HMA CIw, 112" PG 84-28 4 AST M Cs•3034 PVC Estimate prepared by; S CY TON TON 1 5 $104D 000 2.50C1.0 40,00 42. 9 0 4t90 00 0.0 0 0 4 4, 2.440 Ctigtldf(y 5iQ +ed by Ric Gate: 2025.09 OS 141 Michael H. Holt, PE 11LH tngineering and Lana 5urveying, Inc. Date A 2 Subtotal . . Taxt83hb... T Engineering .. . Surveying Review and Inspection 0 $158,440.00 $12,99210 71.432.08 $25,500.00 $5,000.00 S10,500.00 PR©I. ECT'TOTAL n . , . 2.12,432