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HomeMy WebLinkAbout10/19/2017 00 Misc Distributed at the Meeting• • • 2018 POLICY ISSUES Distributed at the Meeting 10-0-17 QPLI1S.PI //1J� This section outlines and discusses various Policy Issues for consideration by Council that have not been included in the proposed 2018 Budget as yet. Staff is seeking Council direction on these or other options for inclusion in the 2018 Preliminary Budget. Further study or amendment of budget options may be considered by Council until adoption of the 2018 Budget which is scheduled for December. Policy Issues • Legal - Domestic Violence Conference • Citywide Services Information Fair • Trolley - Facility Operations • Randall Park Completion • Aquatic Center (Construction Bond) Policy Revenue Options • Adjust Utilities Cap • Fund Transportation Benefit District - Vehicle Tab Fee • Parking Fee in Downtown Core 2018 Council Budget Presentation - 231 CITYWIDE WELLNESS FAIR • • • 2018 POLICY ISSUE SUMMARY PROPOSAL Support a non-profit organization to host a Citywide Wellness Fair where various social service, faith - based, education and non-profit organizations convene a community gathering to share information about services they provide. Funding would be redirected from the extra funding provided for the 2017 4 of July celebration. IMPACTS 1. Fiscal Impact - $5,000. 2. Proposed Funding Source - General Fund. 3. Public Impact - Important sharing of community care providers with public. 4. Personnel Impact - Coordination of event. 5. Required Changes in City Regulations or Policies - None. 6. Legal Constraints, if applicable - Minor insurance requirements. 7. Viable Alternatives - As far as we know this service in not offered to the general public in the City of Yakima. 2018 Council Budget Presentation - 235 • • • 2018 PARKS & RECREATION POLICY ISSUE RANDALL PARK Le4 SUMMARY PROPOSAL Continued improvements are being completed on Randall Park. This multi -phased project is nearing completion. The 48th Avenue parking lot, foot bridge and pond improvements will be completed in 2017. The 44th Avenue parking lot and the reconstruction of the walkways are planned for 2018. The project has been funded through private donations, a grant and Parks Capital funds. Matching funds for the grant have been met by various local service club donations. This renovation project, started in 2015, has a total estimated cost of $1,425,200. Details of the service club donations, grant and capital funds used are listed on the following page. History In 2013, the City of Yakima received two anonymous gifts of $50,000 and $100,000 designated for Randall Park. A committee was created and a master plan was created for the improvements needed to the park that was built in 1974. The master plan was shared with local service clubs and with individual donors. Various service clubs agreed to complete portions of the project, similar to the collaborative projects that were completed at Kiwanis Park/Gateway Sports Complex and Franklin Park. With the donations, the commitments from our donors and a commitment of REET funds to the project, a grant proposal was given to RCO and we were awarded the $500,000 grant in October of 2015 for the project. The previous City Council agreed to accept the grant funds, the donations and proceed with the project with RCO. IMPACTS 1. Fiscal Impact - Cost of renovation for the walkways is estimated at $150,000 and 44th Avenue parking lot is estimated at $225,000 for a total of $375,000. 2. Proposed Funding Source - Parks and Recreation Capital fund, Washington State RCO grant, donations. 3. Public Impact - Improvement to a highly utilized park in Yakima, safer parking area and walkways and additional parking spaces for park users. 4. Personnel Impact - None. 5. Required Changes in City Regulations or Policies - None. 6. Legal Constraints, if applicable - None. 7. Viable Alternatives - None. 2018 Council Budget Presentation - 239 (1) (2) (3) (4) (5) (6) (7) RANDALL PARK EXPENDITURES/MATCHES Funding Sources Grant Funding RCO Grant Donations (exceed 50% RCO Match requirement) Anonymous Donations Downtown Rotary/Playground Sunrise Rotary/2 Picnic Shelters Southwest Rotary/Basketball Court Lions Club/Bridge West Valley Kiwanis/Bench Southwest Rotary/Wildlife Observation Deck Stormwater Allocation Parks Capital Fund Total Sources of Funding Expenditures Restroom 48th Ave Parking Lot Bridge Randall Pond Renovations'' 44th Ave Parking Lot Walkways Items provided by service clubs City costs for service club items Total Expenditures $ 500,000 170,000 105,000 40,000 35,000 25,000 500 70,000 225,000 304,700 1,475,200 200,000 236,500 90,000 248,000 225,000 150,000 216,500 109,200 1,475,200 Spring 2016 90% Complete 90% Complete October 2017 Spring 2018 Summer 2018 2015-2017 Donation of $150,000 is currently valued by the Community Foundation at an estimated $170,000. The Southwest Rotary Wildlife Observation Deck. This project was completed in May of 2015 for $70,000 before the grant award and was not eligible for reimbursement, but added to the overall project scope. Streets Division completed the grading, gravel and asphalt - now an Engineering Division project. Now an Engineering Division project. Pond improvements were identified in the grant. Streets Division to complete the grading, gravel and asphalt - Spring 2018 Streets Division to complete the grading, gravel and asphalt - Summer 2018 2018 Council Budget Presentation - 240 Budget Explanation BEYOND THE BELL (514) 2017 Budget YTD 131 5141110 (Permanent Salaries) $50,751.00 $38,026.05 Recreation Coordinator 131 5141120 (Temporary Salaries) $2,246.75 $ .00 7-12 temporary employees for the after school and playground program. 131 5143110 (Office and Operating) $12,000 $10,671.76 Program supplies for the Beyond the Bell after school program and the summer playground program. I.e. Snacks, books, arts and craft supplies, water play toys, sunscreen first aid supplies, cups, hand sanitizer, water coolers, tennis balls, basket balls, footballs, soccer balls, canopy, office supplies, paper supplies, board games COMMUNITY RECREATION (519) 131 5191110 (Permanent Salaries) $49,928.64 $38,567.58 Recreation Supervisor (50%) Recreation Specialist (50%) 131 5191120 (Temporary Salaries) $85,542.98 $86,020.59 These monies have been transferred to 514 for the 2018 budget 131 5193110 (Office and Operating) $1,000.00 $906.60 Porta Potties for special events, promotional banner for concert series 131 5194100 (Professional Services) $30,000.00 $27,651.49 Outdoor Summer Cinema Series; public performance licenses, Franklin Park Summer Sunset Concert Series; bands and sound technicians, development of promotional posters and fliers, printing of promotional posters and fliers, design and printing of promotional banners, 50K 4Kids 2017 additional summer program services. Streets 2018 Budget Follow-up Fund 412 — Snow & Ice Control The 2017 Amended Budget for Snow & Ice Control is $314,594. Actual expenses to date is $488,307.25 with anticipated end of year expenses to be $594,297. The proposed 2018 funding for Snow and Ice Control is $499,059. Although this a reduction from the expected end of year expenses for 2017, it is a $40,000 increase for materials and $140,000 increase for contracted services over the 2017 budget. The budget increase is a better reflection of typical annual snow and ice control costs thereby reducing the reliance on reserve funds to cover winter maintenance needs. In order to get through the remainder of the year with minimal impact to the budget, contractors will not be used for clearing snow should we have snowstorms that exceed 3 inches. Personnel form other public works divisions will utilized wherever possible to maximize the city's response to storms. No change should be evident to the public on higher priority snowplow routes such as arterials, collectors, hillsides, and schools. Residential streets will see a delayed response from previous years and driveways will not be cleared. We will return to our normal response plan on January 1. 2017 Amended Budget 2018 Proposed Budget Difference $314,594 $499,059 + $184,465 Fund 413 — Roadway Maintenance Roadway Maintenance is the fund that covers all road repairs and much of the miscellaneous tasks assigned to the Streets Division. The 2017 Amended Budget for is $2,018,851. We expect to be at that number or slightly over at the end of the year. The higher expenses is due to overtime costs from winter maintenance and flood control efforts. Employee costs are distributed proportionately across all funding categories resulting in the impacts of extraordinary events being distributed throughout the Streets budget. The proposed 2018 budget for Roadway Maintenance is $2,074,929. The increase is due to employee salaries and benefits. 2017 Amended Budget 2018 Proposed Budget Difference $314,594 $499,059 + $56,078 Streets biggest challenge this past year was the nearly continuous snow fall in January and February and the flooding in March. It has taken the remainder of the year to date to repair the road damage created by the severe weather. Most work programs have been negatively affected due to lack of personnel not the lack of funding. There are 21 FTE's in Streets but with vacations, illness, and injuries we averaged about 16 available employees a day and often had as few as 12. There are 44 miles of alleys in the city, most are unpaved. Annual alley grading was not done this summer. Alleys that had severe rutting after the winter did have some work done in the spring but the majority of the gravel alleys were not touched. The Engineering Division has received an air quality grant to pave several alleys in the northeast area of town. Implementation of the project will reduce the time required to annually maintain the alleys. The project schedule is unknown at this time. Given a more normal winter and spring, we should be able to return to the normal alley grading program next year. Any areas that develop severe rutting in the meantime will be repaired. Pavement crack sealing is program normally conducted in the spring and fall. The urgent road work required in the spring forced us to defer that work. We may be able to accomplish so some crack sealing later this fall, weather permitting. Very few sidewalk repairs were accomplished this summer. Sidewalk repairs require much more advance planning than pavement patching. The variability in available personnel made it very difficult to schedule and accomplish the sidewalk repair work while still accomplishing other work programs. In order to avoid this problem next year, there will be a predetermined period during the summer when sidewalk repairs will be our primary mission with other programs delayed if necessary. Street sweeping and weed spraying were also done at a lower level than normal this year. One Tess pass through the City was done in each of these programs than is normal. These programs may be minimized again next year but they are also the type of work that can be used for fill-in work if our scheduled work plan is disrupted. This means it is work we have a better chance of catching up on if we do fall behind. Fund 417 - Roadside Maintenance Roadside Maintenance is the personnel costs for maintain road shoulders, ditches and nuisance cleanup. Any materials costs for the work comes from Fund 413, Roadway Maintenance. The 2017 Amended Budget for Roadside Maintenance is $84,246. We expect to be at that number or slightly over at the end of the year. The higher expenses is due to overtime costs from winter maintenance and flood control efforts. The proposed 2018 budget for Roadway Maintenance is $84,757. The increase is due to employee salaries and benefits. 2017 Amended Budget 2018 Proposed Budget Difference $84,246 $84,757 + $511 Fund 423 — General Services General Services is the fund that covers interfund transfers to other city divisions for their services, primarily insurance and Public Works Administration. The 2017 budget is $247,525. The redistribution of Public Works Administration costs from the consolidation of Water, Wastewater and Engineering into Public Works has resulted in a reduction of $28,458 to this item. 2017 Amended Budget 2018 Proposed Budget Difference $247,525 $219,067 + $24,458 Fund 439 — Traffic Administration The Traffic Maintenance Administration fund covers office equipment expenses and training for Traffic Operations staff. $4,800 was budgeted in 2017 with year-end expenses expected to be $7,600. The additional expenses are from unanticipated computer replacements and additional training costs for staff to maintain required certifications. The budget is to remain at $4,800 for 2018. 2017 Amended Budget 2018 Proposed Budget Difference $4,800 Fund 444 — Traffic Planning $4,800 $0 Traffic Planning includes the salary and benefits for the Traffic Signal System Analyst along with funding for traffic consultants and miscellaneous office supplies. The 2017 budget is $67,568 reducing to $66,636 in 2018. The adjustment of the Analyst base salary to a lower pay level resulted in the lower budget estimate for 2018. The Traffic Signal System Analyst's primary responsibility is to monitor, maintain, and adjust traffic signal timing plans for the city's 109 traffic signals. The position has been vacant since last January as a cost savings measure. Staff is exploring the potential for hiring a person whose responsibilities would involve elements of the Analyst position and a position in the Engineering Division in order to cover workload needs in both Divisions. Benefits include cost savings for both divisions, and improved communication and project coordination between the divisions. The timing of this change has not been determined. 2017 Amended Budget 2018 Proposed Budget Difference $67,568 $66,636 - $932 Fund 449 — Traffic Engineering Administration Traffic Engineering Administration is the fund that covers interfund transfers to other city divisions for their services including insurance, Facilities, and Public Works Administration. The 2017 budget is $207,829. The redistribution of Public Works Administration costs from the consolidation of Water, Wastewater and Engineering into Public Works has resulted in a reduction of $12,956 to this item. 2017 Amended Budget 2018 Proposed Budget Difference $207,829 $194,873 - $12,956 DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd, Yakima, Washington 98902 Phone (509) 575-6005 Public Works Budget Presentation Follow Up DATE: October 18, 2017 TO: Honorable Mayor and Members of City Council FROM: Cliff Moore, City Manager Scott Schafer, Public Works Director Mike Price, Wastewater/Stormwater DivisioManager RE: 16th Ave & Nob Hill Stormwater Issue The City is aware of a stormwater issue that exists at 16th Ave. and Nob Hill following a heavy rain event. There is a capacity issue within the right turn lane between the island and the sidewalk adjacent to Taco Time along Nob Hill. Map attached. The infrastructure is "undersized." This area "ponds up" but eventually drains once the capacity is restored within the main stormwater trunk line. "Upsizing" the stormwater trunk line would be a significant cost. As businesses along Nob Hill redevelop, they will be required to retain their stormwater runoff on site per developing standards and in accordance to the City's stormwater permit with the Department of Ecology. This will reduce the amount of runoff into the trunk lines. In the meanwhile, staff acknowledges this location as a priority during and following a heavy rain event. Crews utilize a Vactor to reduce the amount of standing water to address safety concerns for motorists and pedistrians. Administration 575-6005 • Engineering 575-6111 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 • Wastewater/Stormwater 575-6077 • Water/Irrigation 575-6154 Yakima briatIg li/mrka lay 2015 1994 CityMap October 18, 2017 Street Labels4000 2017 Aerial Photo Red: Layer_1 Green: Layer _2 Blue: Layer3 2015 Aerial Photo - Selah 111 Red: Layer 1 Green:Layer_2 ■ ortho2005e.sid Blue: Layer 3 Red: Band_1 Green: Band_2 Blue: Band_3 1:564 0 0.00475 0.0095 0 0 019 mi t l r l t1 0.03 km 0.0075 0.015 Sources. Esri, HERE, DeLorme, Intermap, increment P Corp, GEBCO, US GS, FAO, NPS, NRCAN, GeoBase, IGN, KMaster NL, Ordnance Surmy, City of Ya kin a, VYashirg ton rift, rd vaItina %A6 chi nntm. 91117 DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 Public Works Budget Presentation Follow Up DATE: October 18, 2017 TO; Honorable Mayor and Members of City Council FROM: Cliff Moore, City Manager Scott Schafer, Public Works Director Mike Price, Wastewater/Stormwater Division Manager RE: 72nd Ave. Wastewater Serve Extension John S. Moore, a developer, originally filed suit against the Washington State Boundary Review Board et al over annexation issues within the subject area. One of the 'et al' was the City of Yakima. The City entered into Wastewater System Reimbursement Agreement and Conveyance (Agreement) dated October 3, 2001 with the developer wherein the City would pay for labor and material expenses to extend sewer service to the subject area in exchange for the developer to dismiss the lawsuit with the City. As part of the Agreement, the City also obtained the latecomer reimbursement rights to future connections to the line once installed. In December 2002, the developer transferred all rights and interests of the Agreement to Dale and Rhea Murphy, so now the Agreement is between the City and the Murphy's. Attachments: 1. City of Yakima — Latecomer Agreement, dated May 12, 2015 2. Assignment — Transfer of rights and interest to Dale and Rhea Murphy, dated December 16, 2002. 3. Wastewater System Reimbursement Agreement and Conveyance, dated October 3, 2001 Administration 575-6005 • Engineering 575-6111 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 • Wastewater!Stornaater 575-6077 • Water/Irrigation 575-6154 Yakima 2015 1994 LEGAL DEPARTMENT 200 South Third Street Yakima, Washington 98901-2830 May 12, 2015 Dale Murphy 1308 South 72°d Avenue Yakima, WA 98908 Re: City of Yakima - Latecomer Agreement Dear Mr. Murphy: This letter will acknowledge your request submitted in or about February, 2015 regarding the construction of a sewer line, by the City of Yakima, in accordance with the "Wastewater System Reimbursement Agreement and Conveyance" ("Agreement") dated October 3, 2001. The beneficial interest in such Agreement was assigned by John S. Moore to yourself and Rhea A. Murphy by instrument dated December 16, 2002. The City of Yakima acknowledges that your request for construction of the sewer line has been timely submitted in accordance with the provisions of the Agreement. As discussed by City Engineer Debbie Cook, we will work with you regarding timing of the construction, and anticipate that the actual construction will occur next year when sufficient funds have been included in the 2016 City Budget. We look forward to working with you as this project proceeds. Very truly yours, Mark Kunkler Senior Assistant City Attorney MK cc: Debbie Cook, City Engineer Civil Division (509) 575-6030 Prosecution Division (509) 575-6033 Fax (509) 575-6160 Yakkrnn ASSIGNMENT Undersigned, John S. Moore, for good and valuable consideration, does hereby transfer, assign, and set over unto Dale B. Murphy and Rhea A. Murphy, husband and wife, as owners of Yakima County Parcels No. 181329-34006, -34007, and -34008, all right, title and interest of undersigned in and to the certain Wastewater System Reimbursement Agreement and Conveyance between undersigned and the City of Yakima, dated October 3, 2001, and recorded in the office of the Auditor of Yakima County, Washington on October 2, 2002 Auditor's File No. 7295396. Signed at Yakima, Washington this 1, 4 d y of December, 2002. STATE OF WASHINGTON ) )ss. County of Yakima ) On this day personally appeared before me John S. Moore to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. 4. Given under my hand and official seal this/4day of December, 2002. 6-yv Print Name: E .j✓ 6 NOTARY PUBLIC in and for the State of Washington, residing at-,,-.:. My appointment expires: 6 -0 t -- e'..3 WASTEWATER SYSTEM REIMBURSEMENT AGREEMENT AND CONVEYANCE „..,,ACHIS .AGREEMENT (the "Agreement") is entered into and effective on this 37:— day of 4c , 2001, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and JOHN S. MOORE, hereafter referred to as "DEVELOPER"; WHEREAS, The Developer may wish to have certain sewer lines and appurtenances thereto installed at, near, or within the property described in Section 1 below and connect same to the City's wastewater System so that such improvements constitute an integral part thereof; and WHEREAS, no other property owners or users are presently 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, Developer and the City anticipate that the Property will be annexed into the City upon resolution of the litigation that is pending in Moore u. Washington State Boundary Review Board et al., Yakima County Superior Court No. 01-2-02094-2 (the "Litigation"); 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 (the "Property"): Yakima County Parcel No. 181329-34006 (hereafter "Parcel A"); Yakima County Parcel No. 181329-34007 (hereafter "Parcel B"); and Yakima County Parcel No. 181329-34008 (hereafter "Parcel C"). 2. Wastewater System Improvements. The following described wastewater system improvements will be installed by the City upon the request of Developer in connection with the Property (the "Improvements"): The Improvements will consist of the installation of approximately one hundred forty five (145) feet of wastewater collection piping that will cross 72nd Avenue and includes a manhole at the eastern boundary of Parcel B. 3. Corn.pliancc with :Applicable Codes/Regulations. The Developer agrees that said Improvements shall be designed to comply with all applicable codes and regulations of the City of Yakima. The Developer agrees that said Improvements Moore Reimbursement Agreement 1 and all facilities operated by the Developer pursuant to this Agreement are subject to all City codes, ordinances, and regulations regarding wastewater facilities in general, as now or hereafter adopted. 4. Payment of :LabojMatcrial Expenses. Except as provided in Section 7 below, the Developer shall be responsible for payment of all expenses and claims in connection with the construction and installation of the aforesaid Improvements, including without limitation labor and materials ("Improvernent Costs"). 5. Connection Charge. Developer shall be responsible for payment of the connection charge established by Yakima Municipal Code (YMC) Chapter 7.58 at the time Developer requests connection of Parcel C to the City's wastewater system; provided, however, that the base collection pipes charge shall be waived pursuant to YMC 7.58.070(a). 6. Reimbursement for Improvements. A. Parcels A and B shall be subject to a pro -rata reimbursement obligation for the Improvement Costs incurred pursuant to Section 4 above. The legal description of the Property (including the boundaries of Parcels A, B, and C) 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 amount of Improvement Costs shall be utilized to determine the pro -rata reimbursement to the Developer by any owner of Parcel A or Parcel B who 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 reimbursement obligation shall be determined on a per -square -foot basis upon completion of the Improvements. Reimbursement payments shall be made as provided in Section 6.B. below. B. No person, firm, corporation, or other entity shall be granted a permit or be authorized to tap into the facility for wastewater service to Parcels A and B during a period of fifteen (15) years from the date this Agreement is recorded pursuant to Section 11, 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, up to the amount of the Improvement Costs allocable to Parcels A and B on a pro rata basis, shall be paid to the Developer under the terms of this Agreement within thirty (30) days after receipt thereof unless Developer has assigned its reimbursement right to the City pursuant to Section 8 below. 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 Moore Reimbursement Agreement 2 IIII IeIlIIIIIII S I I:II fl,7�' 7 �� S1A AOR 125. YRklt0 Co, RA amount due from any benefited owner/party who wishes to hook up to said Improvements, shall be final and conclusive in all respects. 7. City Assumption of Developer Obligation to Pay for Improvements. In consideration of Developer's voluntary dismissal with prejudice of the Litigation and Developer's assignment to the City of its right to reimbursement payments, the City hereby agrees to assume all of Developer's obligations to pay for Improvement Costs under Section 4 above. Such assumption of obligations shall be effective upon the later of (a) the Yakima County Superior Court's entry of an order dismissing Developer's complaint in the Litigation with prejudice and without attorney's fees or costs; and (b) recordation of this Agreement as set forth in Section 11 below. 8. Developer Assignment to City of Right to Reimbursement. In consideration of the City's assumption of Developer's obligation to pay Improvement Costs, Developer hereby agrees to dismiss the Litigation as set forth in the Settlement Agreement entered into between the parties dated October 2, 2001, and to assign to the City Developer's right to partial reimbursement of payment for Improvements. Such assignment shall be effective upon the City's assumption of the payment obligation as set forth in Section 7 above. 9. Ownership of Improvements by City. Improvements shall be part of the City of Yakima wastewater system and shall be owned exclusively by the City. Notwithstanding the waiver of Developer's obligation to pay a base collection charge in Section 5, the Developer agrees to pay 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. 10. 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. 11. 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 all Improvement Costs, 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 wastewater system facilities, such determination of uselessness to be in the absolute judgment of the City Engineer, then the City's collection obligation pursuant to Section 6.3. of this Agreement shall cease. 12. Binding Nature. Each of the covenants, terms, and provisions in this Settlement Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective legal representatives, successors, and assigns. The Moore Reimbursement Agreement 3 parties hereby agree that the obligations contained in this Agreement touch and concern the Property and shall constitute a covenant that shall run with the Property. 13. Exxtire. A. reement. This Agreement, including the Exhibits attached hereto which are hereby incorporated by this reference, constitutes the entire 'agreement: between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications and proposals, whether electronic, oral or written, between the parties with respect to such subject matter. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of the parties by their respective duly authorized representatives. -- r i> j DATED this day of a 7beP , 2001. CITY OF YAKIMA, WASHINGTON, JOHN S. MOORE a Municipal Corporation By: ,1-- •- � R. A. Zais, City Manager ATTEST: City Clerk Contract Number: cvAOO I- l l( n S. Moore Resolution Number: STATE OF WASHINGTON) County of Yakima I certify that I know or have satisfactory evidence that .- ai' 1 Yt al 06 (e---) is the person who appeared before me, and said person acknowledged that he signed this instrument , having acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. DATED: i (- 0 Moore Reimbi. ent Agreement tk.t.A Printed Name: ' t'. r '") c`4 Notary Public in and for the State of (..(t,;., 1\c..''Cr‘ , residing at 'jab f"I My Comm ssion expires: /cf.'. h...!;.4 `'c' Certifir d In he a trite and correct copy of the igin.ul filed in ivy office. WO Z CITY CLERK ilw iuty or n St S MOMS rallINNINO .moi~ EXHIBIT A Description of Moore Property Parcel ;A ;Parcel No. 181329-34006 All that part of the Southeast quarter of the Southwest quarter of Section 29, Township 13 North, Range 18, E. W. M., described as follows: Commencing at the Southeast corner of said subdivision; thence North 1°3' West along the East line of said subdivision 1046 feet to the true point of beginning; thence South 1°3' East 100 feet; thence South 88057' West 434 feet, thence North 1°3' West to a point West of the true point of beginning; thence East 433.5 feet to the true point of beginning, EXCEPT, the East 25 feet for road. Parcel B Parcel No. 181329-34007 All that part of the Southeast 1/4 of the Southwest 1/4 of Section 29, Township 13 North, Range 18, E. W. M., described as follows: Beginning at a point on the East line of said subdivision 876.7 feet North 1°3' West of the Southeast corner thereof; thence South 1°3' East 315 feet; thence North 87°35' West 434 feet, thence North 1°3' West to a point South 88°57' West of the point of beginning; thence North 88°57' East to the point of beginning, EXCEPT road on the East. Parcel C Parcel No. 181329-34008: That part of the Southwest 1/4 of Section 29, Township 13 North, Range 18, E. W. M., described as follows: Beginning at a point on the East line of said subdivison a distance of 876.7 feet North 1°3' West of the Southeast corner thereof; thence North 1°3' West 69.3 feet; thence South 88°57' West 434 feet, thence South 1°3' East 69.3 feet to a point South 88°57' West from the point of beginning; thence North 88°57' East 434 feet to the point of beginning, EXCEPT road on the East side thereof. `` l�� l 11 k / a e9:5IR 10111111111111111111111111111111 :T1' t3E YAKT 1 • R t 5::: Y kiaa Co, NA