HomeMy WebLinkAboutR-1998-129 Sewer / Water Main Reimbursable Agreement•
RESOLUTION NO. R-98- 12 3
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute a Sewer and Water Utility System
Reimbursement Agreement and Conveyance between the City
of Yakima and the Carpenters Training Trust.
WHEREAS, the Carpenters Training Trust in reliance on potential
reimbursement pursuant to RCW 35.91.020, installed certain sewer and water lines
and appurtenances thereto and connected same to the City's sewer and water utility
systems so that such improvements constitute an integral part thereof; and,
WHEREAS, the Carpenters Training Trust paid all the costs and expenses for
installation of said improvements; and
WHEREAS, the City and the Carpenters Training Trust 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 and Water
Utility System Reimbursement Agreement and Conveyance with the Carpenters
Training Trust 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 and Water System Reimbursement Agreement
and Conveyance with the Carpenters Training Trust.
ADOPTED BY THE CITY COUNCIL this ! day of�ls-e5K ,
1998.
JOHN PUCCINELLI, MAYOR
ATTEST:
Eng &Gtil
Engr.AA i
CITY CLERK
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Sewer/Water Utility System Reimbursement Agreement
And Conveyance
City of Yakima anti /
Carpenters Training Trust /
Legal Description: PARCEL NO. 191331-24417, DESCRIBED AS SP 0-18: LOT 5
EXE 351 FT ALSO N 21.05 FT OF LOT 6 SD SP
PARCEL NO. 191331-24418, DESCRIBED AS SP 90-17: LOT 4
ALSO N 67.6 FT OF LOT 3 SD SP ALSO E 351 FT OF LOT 5
SP 90-18
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SEWER/WATER UTILITY SYSTEM
REIMBURSEMENT AGREEMENT AND CONVEYANCE
THIS AGREEMENT made and entered into this 12th day of November
19_291L, by and between the CITY OF YAKIMA, a municipal corporation located in
Yakima County, Washington, hereinafter referred to as "CITY" and Carpenters
Training Trust, hereafter referred to as "DEVELOPER";
WHEREAS, The Developer, in reliance on potential reimbursement pursuant
to RCW 35.91.020, installed certain sewer and 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 improvements constitute 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 35.91.020; and
Eng. & Util.
Engr. AAl
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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 191331-24417
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 Presson Place and extending north approximately
135 feet.
The Developer certifies that the total cost of said sewer improvement
construction is $9,496.88.
Water Utility System Improvements. The following described water
utility system improvements were installed by the Developer in connection with
the above-described property:
A 12 -inch watermain beginning at the existing 12" tee on
Presson Place and extending 863' to the north and west, and
connecting to the existing 12" water valve at the
intersection of Pierce and Voelker Streets.
The Developer certifies that the total cost of said water improvement
construction is $34,194.51.
Eng. & Util.
Engr M2
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3. Compliance with Applicable Codes/Regulations. The Developer
represents that said sewer and water utility system improvements comply with
all applicable codes and regulations of the City of Yakima. The Developer
agrees that said sewer and water 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 total cost of said sewer and water utility system improvements 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 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 new sewer and
water mains will provide service to two parcels. The Developer is the owner
of one of the parcels. The share cost for the remaining one parcel is listed
on Exhibit A; provided that in no event shall the Developer be reimbursed for
any amount greater than $4,748.44 for sewer connection and $17,097.25 for
water connection.
No person, firm, corporation, or other entity shall be granted a permit or be
authorized to tap into the facility for sewer or water service during a period of
Eaig. & Util.
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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 and water utility improvements by the City Engineer and
acceptance by the Yakima City Council, the improvements shall be part of the
City of Yakima sewer and water utility systems. 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 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 and water 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 and water systems.
Developer agrees to defend, indemnify, and hold harmless the City from any and
Eng. & Util.
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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 0-- DAY OF );*74
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
BY
Dick, Zais,`)City Manager
ATTEST:
Eng. & Util.
Engr. AA5
•
City Clerk `/-/
SEAL
.ai.k 555
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r0
•A
19 9 �•
DEVELOPER
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Carpenters Training Trust
City Contract No. 98--94
City Resolution NoR-98]29
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STATE OF WASHINGTON )
SS
County of Yakima
1 certify that 1 know or have satisfactory evidence that Bill
McKenna is the person
acknowledged that he signed t
authorized to execute the
Training Director
Non -Profit
act of said such party
DATED this
Eng. & Util.
Engr AA6
who appeared before me, and said person
his instrument, on oath stated that he was
instrument and acknowledged it as the
of Carpenters Training Trust , a
corporation, to be the free and voluntary
for the uses and purposes mentioned in the instrument.
12th day of
November , 1998.
Kathy M. DeSisto
PRINTED NAME
Notary Public in and for the State of Washington
residing at Pierce County
My Commission expires: February 28, 2002
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CARPENTERS TRAINING TRUST
SEWER/WATER MAIN REIMBURSABLE AGREEMENT
EXHIBIT A
Properties benefiting from Carpenters Training Trust Sewer/Water Main Extension, City
Project 9702.02
Parcel No. & Legal Description Reimbursable Amount
Assessor's Parcel No. 191331-24417
Legally Described as SP 90-18: LOT 5 EX E
351 FT ALSO N 21.05 FT OF LOT 6 SD SP
Assessor's Parcel No. 191331-24418
Legally Described as SP 90-17: LOT 4 ALSO
N 67.6 FT OF LOT 3 SD SP ALSO E 351 FT
OF LOT 5 SP 90-18
-0-
(Owned by Developer)
$4,748.44 for Sewer Connection
$17,097.25 for Water Connection
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Carpenters
Training Trust
Reimbursable Agreement
Scale - lin = 300ft
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City of Yakima, Washington
July 24, 1998
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City of Yakima, Washington
July 24, 1998
Carpenters
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. - 13
For Meeting Of 9/1/98
ITEM TITLE: Resolution authorizing the execution of a Sewer/Water Main Reimbursable
Agreement/Carpenters Training Trust
SUBMITTED BY: William Cook, Director
Department of Community & Economic Development
CONTACT PERSON/TELEPHONE: Mary Lovell, Engineering Tech I / 575-6137
SUMMARY EXPLANATION:
A sewer and water main were installed to provide service to existing commercial property. All
costs of the sewer and water lines were paid by the Carpenters Training Trust. The
Sewer/Water Reimbursable Agreement, in compliance with RCW 35.91.020 is the means
by which the Carpenters Training Trust may recover a portion of the construction costs.
Resolution X Ordinance _ Contract X Other (Specify) Agreement / Map
STAFF RECOMMENDATION: Staff recommends City Council approval of the attached
agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Legal/BD
Agenda C.1