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HomeMy WebLinkAboutR-1992-D6099 Reimbursable agreement• • RESOLUTION NO. D-6099 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Richard C. Smith for the partial reimbursement of construction cost for a water main extension. WHEREAS, Richard C. Smith has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a water main extension. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Richard C. Smith for reimbursement of costs of installing a water line, all as provided in an agreement entitled "Water Reimbursement Agreement", a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 14 day of April ,19 92 . ATTEST: A --(5,_e_,,„&2 Eng. & ENGRI CC 1 CITY CLERK REIMBURSEMENT AGREEMENT AND CONVEYANCE RE: WATER UTILITY SYSTEM THIS AGREEMZNT made and entered into this day of 19 , by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and RICHARD C. SMITH, hereafter referred to as "DEVELOPER"; W ITNESSET H: WHEREAS, The Developer, in reliance on potential reimbursement upon meeting qualifications under City policy, installed certain water lines and appurtenances thereto at, near, or within the below described property and connected same to the City's Utility System so that such improvement constitutes 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 35.91.010 et seq; and WHEREAS, the Developer paid all the costs and expenses for the installation of said improvements; THE PARTIES AGREE AND COVENANT AS FOLLOWS: 1. The Developer represents that he is the owner of the following described property: Yakima County Parcel Nos. 181314-31400 and 181314-31401 The Developer will install the following described improvements: City Engineer Project No. 1347 An 8 -inch domestic water system constructed on Fruitvale Boulevard beginning at approximately 320 feet east of the centerline of North 24th Avenue proceeding west on Fruitvale Boulevard, a distance of approximately 596 feet to the intersection of North 25th Avenue and Fruitvale Boulevard, thence proceeding south on 25th Avenue with a 12 -inch water system approximately 172 feet. The installation will comply with all applicable codes and regulations of the City of Yakima. In addition to the terms of this agreement, all facilities offered by this developer under this agreement upon the City's acceptance shall be subject to all City ordinances regulating utility facilities in general, as now or hereafter adopted. 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, and the Developer will defend and hold the City of Yakima harmless from any liability in connection there- with. 2. The Developer certifies that the total estimated cost of said construction as above specified will be in the sum of $29,046.31. Exhibit "A", attached hereto contains the legal description of the lands affected by this latecomer agreement and a map showing in outline the land affected by Eng. & Util. Engr. AA12 4/2/92 such additional charges per the terms of this agreement. The total cost of said improvement shall be employed to determine the pro rata reimbursement to the Developer by any owner of real estate, who did not contribute to the original cost of such improvement, and who subsequently wishes to tap on or connect to said facilities, all subject to the laws and ordinances of the City of Yakima and the provisions of this Agreement. The pro -rata share cost per square foot rate is $.221646; provided, that in no event shall the Developer be reimbursed for an amount greater than $23,880.44, construction costs documented by the developer. 3. The Developer agrees that the construction and installation said have described improvement is in the public interest and in furtherance of public health and sanitation. 4. The Developer will convey, transfer and assign unto City all right, interest, and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever. After inspection and approval of said construction by the City Engineer and acceptance by the Yakima City Council, the improvement shall be part of the City of Yakima utilities system . The Developer will deliver to the City any and all documents including Quit Claim Deeds and Bills of Sales that may reasonably be necessary to fully vest title in the City. The Developer will pay to the City such service fees or other charges as may be Imposed by Ordinances of the City of Yakima from time to time applicable to like users of the same class. 5. The Developer guarantees workmanship and materials in the facilities subject to this agreement, for a period of one year after the City's acceptance of the facilities; Developer warrants that the facilities are fit for use as part of the City sewer system. Developer will defend and hold the City harmless from any liability claimed by a third person due to faulty workmanship and materials within the aforementioned one-year guarantee period. 6. City reserves the right, without affecting the validity or terms of this Agreement to make or cause to be made extensions or additions to the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 7. No person, firm or corporation shall be granted a permit or be authorized to tap into the facility for water or sewer service during the period of 15 years from 8/16/91 the date of the reimbursement collected by the City, City Invoice No. 9613, 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 facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts 30 received by the City shall be paid out by it to the Developer under the terms of this agreement within thirty (30) days after receipt thereof. Upon expiration of the aforementioned 15 -year term, City shall be under no further obligation to collect or make any further sums to the Developer. The decision of the City Engineer or his authorized representative in determining or computing the amount due .from any benefitted owner who wishes to hook up to such improvement, shall be final and conclusive in all respects. 8. This Agreement shall become operative upon its being recorded with the Auditor of each County in which any of the benefitted lands are situated, at the expense of the Owner, and shall remain in full force and effect for a period of fifteen years after the date of such recording, or until the owner, or its successors or assigns, shall have been 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 facility, such determination of uselessness to be in the absolute judgment of the City's Engineer, then the City's obligation to collect for the Owner of the tapping charges provided pursuant to this agreement shall cease. Eng. & Util. Engr. AA13 4/2/92 DATED THIS DAY OF ATTEST: City Clerk STATE OF WASHINGTON ) . BS County of BY , 19 CITY OF YAXIMA, WASHINGTON, a Municipal Corporation City Manager On t is day personally appeared 5 , to me known to who executed the within and foregoing (ti signed the same as LLS free uses and purposes therein mentioned. before me �tGLa,rdk C.. be the individual described in and instrument, and acknowledged that and voluntary act and deed, for the Given under my hand and official : eal this 1992-. Eng. & Util. Engr AA14 412192 3 R9 day of Nota Public in and for the State of i ^-y'*Do._ , residing at 4 /ert. o C et toi v of /(/f o! !g.477 ZXBIBIT A Properties benefitting from Richard C. Smith Watermain Extension, City Project No. 1347. Connection Rate: $.221646 square foot rate Parcel. No _ Square Foot 1) Amount Status 181314-42027 3) 12,000 $2,659.75 Paid -to be reimbursed -42028 3) 9,600 $2,127.80 Paid -to be reimbursed - 42034 3) 4,500$ 997.41. Paid -to be reimbursed - 42035 3) 11,400 $2,526.76 Paid -to be reimbursed -31403 3) 12,636 $2,800.72 Paid -to be reimbursed -31402 3) 9,477 $2,100.54 Paid -to be reimbursed -31005 4) 43,560 4) $8,257.06 - 31401 2) 9,500 $ -0- Exempt -31400 2) 7,500 $ -0- Exempt -31051 3) 10,875 12,410.4Q Paid -to be reimbursed TOTAL $23,880.44 1) Estimated square footage - reference shall be made to paragraph 7 of the Reimbursable Agreement 2) Exempt per agreement - Developer's property 3) Paid Reimbursement -• County Project No.R2321, Invoice No. 9613, $17,021.21 - Total of computation provided County was $17,021.21 based on estimated construction costs. Actual construction costs pro -rated to parcels included in the Grant area totals $15,623.38. 4) $1,397.84 'Yakima County grant funds applied to this parcel reducing the connection charge based on square footage from $9,654.90 to $8,257.06. Note: Eng. & Util. Engr. Forms 11 Documentation confirming costs by reference made a part of this Latecomer's Agreement filed at the City Clerk's Office SNv i4 1 -- ?1J 336 37 t 31027 .34 '1084 31015 29 1. -4 31014 45 31016 27 31017 20 31018 52 31081 .42 31032 20 xs 1.00 31080 .26 31030 .12 s 31033 .12 31034 .» 31031 .12 31082 26 31035 ..2 s 3'029 .15 40 31028.1` v. 2 5: SEE G .47 SEE ME I/4 Ki AC. • ~w6 1;1.010 31011 53 c_ 31012 22 95 31069 20 31068 .17 .05 31009 72 s 31079 32 31078 46 0 eo- N 0 0 0 P. n - 13044 10.64 31057 I$ s 34523 • 34052 .28 34476 J 31066 .1! 31015 .1 ( 77 3105 .2 -415 -- Ta - • 31008 1.50 4( F 04 kb 42011 31050 .23 31064 .1r 3'053 .20 a° 37053 .1r 31062 .17 31054 .36 31061 .i 31055 .28 .13 3105 91 3 105 8 .15 4o SO .16 S0 31056 .28 31057 .23 WILLOW STREET 34051 .31 34054 'p. .35n pn n 34050 .17 34049 .21 ..8 .46 34048 W 2 W 1 H Lr) 0 2 31421 31420 31419 31418 31417 31416 31415 14 31414 34528 34527 22 © 25 79.148 79-548 34031 20 :3 31405 31406 31407 314 O 12042 • O O 0 M • • - ,77 ! 1 2043 .2 l �0p41 .21 7 O • 31409 31410 31411 31412 13 31413 n 4 a N • 0 4 27 01 0 0 • 22 34032 20 i 0 0 n .46 45 n o- o': •f 34002 34004 34 005 13 1 LEGEND W 1 G TS R (U REZRDE 07 PL a N4 • n • 20 ... m • • .. w N • _ • 70 ' N e n • v * 4'.? •. 71 • • 5 N n • - MO N • A • UN (UN1tECtJFOC �. -- m 4 M • 5 EY 0 • n • 6- to 4 .4 • RE 4 423 Benefitted Sewer Area Reimbursable Non -Reimbursable