HomeMy WebLinkAboutR-1997-137 Sewer Reimbursable AgreementRESOLUTION NO. R-97 137
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
Ron Frank.
WHEREAS, Ron Frank 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, Ron Frank paid all the costs and expenses for installation of said
improvements; and
WHEREAS, the City and Ron Frank 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
Svstem Reimbursement Agreement and Conveyance with Ron Frank according to
the terms of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached and incorporated Sewer System Reimbursement Agreement and
Conveyance with Ron Frank. J
ADOPTED BY THE CITY COUNCIL this T7 day of /l 86
1997.
4:71
YNN BUCHANAN, MAYOR
ATTEST:
Eng. & Util
Engr R. Frank 4
CIT
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SEWER UTILITY SYSTEM
REIMBURSEMENT AGREEMENT AND CONVEYANCE
THIS AGREEMENT made and entered into this 25thday of November ,
1997 , by and between the CITY OF YAKIMA, a municipal corporation located in
Yakima County, Washington, hereinafter referred to as "CITY" and Ron Frank,
hereafter 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 constitutes 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 35.91.02; 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:
Yakima County Assessor's Parcel Number 191329-24412
2. Sewer Utility System Improvements. The following described sewer
utility system improvements were installed by the Developer in connection with
the above-described property:
An eight (8) inch sewer main beginning at the existing manhole on So.
18th Street and extending west approximately 267 feet to new manhole on
Dalton Lane.
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The Developer certifies that the total cost of said improvement construction
is $32,532.48.
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.
5. Reimbursement for Improvements. 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 totalcost 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 on or connect to said improvement, all subject
to the laws of the City of Yakima, the State of Washington, and the provisions
of this Agreement. The pro -rata per parcel is $10,844.16; provided that in no
event shall the Developer be reimbursed for any amount greater than
$21,688.32.
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.
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 sewer 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
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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 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 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.
DATED THIS 154-k DAY OF Ni Ve '1 k , 19 9-7 .
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
BY
ATTEST:
City Manager
DEVELOPER
Ron Frank
Ja /.
By‘ C2j C
City Contract No. 97-104
Resolution No. R-97-137
SIN
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STATE OF WASHINGTON
Ss
County of Yakima
I certify that I know or have satisfactory evidence that '{moo vt.
signed this instrument and acknowledged it to be the free and
voluntary act for the uses and purposes mentioned in the instrument.
DATED this 492577'i.day of
Ara 1 e- ' ✓.P/�'
, 1997.
PRI ED NAME 4/74-eJ,4. /`''o S.
No ary Public in and for the State of Washington
residing at X!esta.
My Commission expires:
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CITY OF YAKIMA AGR $13,00 Yakima Co, W
Ron Frank Sewer
Reimbursable
Agreement
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City of Yakima, Washington
October 27 1997
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Ron Frank Sewer
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October 27 1997
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Ron Frank Sewer
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RON FRANK SEWER MAIN REIMBURSABLE AGREEMENT
EXHIBIT A
Properties benefiting from Ron Frank Sewer Main Extension, City Project No. 1701
Connection Rate: $10,844.16 per parcel.
Parcel No. & Legal Description
Assessor's Parcel No.191329-24412
Legally described as Boggess Home Sites:
W 80 FT of Lot 1, BLK 1
Assessor's Parcel No. 191329-24434
Legally described as Boggess Homes Sites:
Lot7BLK2EXS 10 FT CORDR/W
Assessor's Parcel No. 191329-24435
Legally described as Boggess Home Sites:
N 1/2 LOT 8 BLK 2
TOTAL REIMBURSABLE AMOUNT
Reimbursable Amount
-0-
(Owned by Developer)
$10,844.16
$10,844.16
$21,688.32
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OR $13,00 Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. PI
For Meeting Of 11/4/97
ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable
Agreement/Ron Frank
SUBMITTED BY: Glenn Valenzuela, Director
Department of Community & Economic Develop
CONTACT PERSON/TELEPHONE: Mary Lovell, Engineering TecI / 575-6137
Al Rose, Project Engineer / 575-6139
SUMMARY EXPLANATION:
A sewer main was installed to provide service to existing residential property. All costs of the
sewer line were paid by Ron Frank. The Sewer Reimbursable Agreement, in compliance
with RCW 35.91.020. is the means by which Ron Frank may recover a portion of the construction
costs.
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 C.3