HomeMy WebLinkAboutR-1992-D6199 Cascade InvestmentsRESOLUTION NO. -
6199
authodzing the City onager and City Clerk:-Sf t7,1e City of
Yakima to execute 9.p agreement wig -,i -Cascade I7westments
for1w reirnbiiiirnent of 'in%,,3:ruction cc. for a
AS, C.T,scade Investments has, n reliancti, o potential
reimburseriiii.t tpora qtAifi,F.'ations amier City poy, installed a
'-'4V,i-wer main extensic,I, And
IWHERAS, re,A,-afrle InVestMents has n-iet th requir...emert„ of City policy
-reirnbur3e.ment, which the City'is,, authorized to nve pt,:fsuant to RCW
359i, ncw, thexefore,
RESOLVED TY THE' CITY COLINC):7(,, OF THE CITY OF YAKINIA:
',.authorized •ape., dii-Qcied to 'execute -an aureement with Cascade Invcstments
fhe City liartar arteCity'LCier.LC of the City of Yakima are hereby
entitled "Sewer Reimbursement Agree:nera=n,c,", a copy of which is attached
hereto and by reference made a /Nat hereof.
ADOPTED BY TIRE CITY COUNCIL this -Tr-\ day of
ATTEST:
----CiTY-CtERK
mocatriscAcco September 29, 2992
2995570
REIMBURSEMENT AGREEMENT AND CONVEYANCE
RE: SEWER UTILITY SYSTEM
ITHIS AGREEMENT made and entered into this k day of
be{ , 19' , by and between the CITY OF YAKIMA, a municipal
corporation located in Yakima County, Washington, hereinafter referred to
as "CITY" and Cascade Investments, hereafter referred to as "DEVELOPER";
W ITNESSET H:
WHEREAS, The Developer, in reliance on potential reimbursement
upon meeting qualifications under City policy, 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
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 Parcels 181320-12447
The Developer will install the following described improvements:
An 8 -inch sewer main along the south side of West Lincoln Avenue
from Appleview Road to a point approximately 454 feet to the
west.
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 therewith.
2. The Developer certifies that the total estimated cost of said
construction as above specified will be in the sum of $12,818.00.
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 such additional charges per the terms of this agreement.
The total cost of said improvement shall be employed to determine thepro-
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
Engr. i ats1.
ENGRI/SPACCO September 18, 1992
to the laws and ordinances of the City of Yakima and the provisions of
this Agreement. The pro -rata per parcel is $6,409; provided, that in no
event shall the Developer be reimbursed for an amount greater than
$6,409, construction costs documented by the developer.
3. The Developer agrees that the construction and installation of
the described improvement is in the public interest and in furtherance
of public health and sanitation.
4. The Developer will 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 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 Bilis 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 the date of this contract, 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 so 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.
Engr. 6 OtiI.
12aGRr/sCACCO September 17, I992
DATED THIS 1917- DAY OF C 4 1/°--e" , 19 G a-.
ATTEST:
City Clerk
RC:
BY
STATE OF WASHINGTON )
. Ss
County of
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
oa
DEVELOP R
y Manager
Cascade vestments
Developer
eime-
On this day personally appeared before me /Q�� L�{(1in
, to me known to be the individual described in and
who /executed the within and oregoing instrument, and acknowledged that
signed the same as � f7()� free and voluntary act and deed, for the
uses and purposes therein mentioned.
L
Given under my hand and official seal this -� day of
19 (4_, .
Engr. i 17ti1.
ENCRX/SCACCO September 18, 1992
Nota P lic and for the State
(��jv7 , residing at
EXHIBIT A
Properties benefitting from West Lincoln Avenue Sewer Extension,
City Project No. 1466.
Connection Rate: $6,409.00 per parcel
Parcel No. Amount
181320-13026 $6,409.00
Note: Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
Note:
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office.
Engr. & aril.
ENGRZ/SAGO September 17, 1992
LETTER OF UNDERSTANDING
Cascade Investments, referred to as the DEVELOPER installed
a Public Sewer System described as follows:
An 8 -inch sewer line along the south side of West Lincoln
Avenue from Appleview Road to a point approximately 454 feet
to the west.
The "Developer" hereby acknowledges that the immediate
purpose of the sewer was to serve the following described
parcel(s):
Yakima County Parcel No.
181320-12447
The Developer paid all costs and expenses for the
installation of said improvements, this LETTER OF
UNDERSTANDING signed by the "Developer" authorizes the City to
proceed with the necessary steps to execute a REIMBURSABLE
AGREEMENT between the City and the Developer. Said agreement is
subject to City Council approval.
The costs and expenses associated with this project are
defined as follows:
Engineering$ $ 1,500.00
Sewer Construction 10,418.00
Inspection Fees 900.00
$12,818.00
The method of fair cost proration based on the above stated
costs for future utility connections is as follows:
$12,818 total project cost -= 2 parcels = $6,409 per parcel
The owner of real estate who did not contribute to the
original cost of said described utility improvement being City
Project No.1466 and who subsequently tap onto the improvement
will be assessed a utility connection charge to the terms of the
SEWER REIMBURSABLE AGREEMENT and in compliance with City
Ordinance. The affected properties are legally described in
Exhibit A and indicated on the atta hed map.
Dated this Zi day of
Engr. c otic.
ENCRI/SCAACO September 18, 1992
DEVELOPER
/���� , 1992.
STATE OF
County o
I, t e undersigned Notary Public, in,,and for the to e and
County, do hereby certify that on this -JJ da o
, 19 C7-)- , personally appeared before me
, to me known to be the individua _ described in
and who executed the within instrument/ and acknowledged that(/
signed and sealed the same asLi9M free and voluntary act
and deed for the uses and purposes therein mentioned.
Apjarp
Kngr. i Util.
ENGR7/SCACCO September 17, 1992
As.€(1(
Notar�Public in and fo t e State
of / r , residing at Cc
My commission expires: -" 94o
.17405
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S4Vt.IME
Benefitted Sewer Area
Reimbursable
Non -Reimbursable
AVE