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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 Page 1 of 2 11 11 11 1 1 TY OF YAK MA 1 1 11 1 1 111 11 7089397 Page: 1 of 9 12/0111998 10,43A AGR $1G.00 Yakima Co, WA 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 11 11 11 11 TY OF YAKIMA 1 1 11 1 1 II 11 1 1 11 7089397 Page: 2 of 9 12/01/1998 10:43A RGR $16,00 Yakima Co, WR 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 11 11 11 11 TY OF YAKIMA 1 1 11 1 1 11 1111 11 7089397 Page: 3 of 9 12/01/1998 10 43A AGR $ 8.00 Yakima Co, WA 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. Engr. M3 11 11 1 1 TY OF YAKIMR 1 1 11 1 1 II 11 11 11 7089397 Page: 4 of 9 12/01/1998 10:43A AGR $18.00 Yakima Co, WA 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. Engr AA4 TY OF YAKIMA 1 1 11 1 1 11 1111 11 7089397 Page: 5 0f 9 12/01/1998 1O:43A AGR $16,00 Yakima Co, OA 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 ' r0 •A 19 9 �• DEVELOPER II 11 II II TY OF YAKIMA Carpenters Training Trust City Contract No. 98--94 City Resolution NoR-98]29 1 1 11 1 1 II 1111 11 7089397 Page 6 of 9 12/01/1998 10,43A AGR $16.0G Yakima Co, WA 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 11 111111 TY OF YRKIMR 1 1 11 1 1 11 II II II 7089397 Page: 7 of 9 100111998 10:43A AGR $16.00 Yakima Co, WA 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 11 11 11 11 ITY OF YAKIMR 1 1 11 1 1 11 11 0 7089397 Page, 8 of 9 12/01/1998 10:43A AGR $18,00 Yakima Co, WA Carpenters Training Trust Reimbursable Agreement Scale - lin = 300ft 0 150 300 City of Yakima, Washington July 24, 1998 Carpenters 22480 21478 21481 21485 c 2. 00 22481 o— 21479 21480 21448 21488 o 21405 T6 21449 • 21481 22482 21450 21462 4, a+ 22483 21469 21473 21451 21483 • 22484 21491 21452 - 21464 21 � 21490— 21453 r' 22L 485. 2i 21492 1 21454. 21488 1 21406 0 \417-........-----*--liir N 1 R i O \4, ,.i, 1 ' T 12. 00 o -. n� 0 N 24418 24419 • 13011 24411 13004 • 24413 4) T o 13006 13012 23412 • 2�— 24412 2 . 24403 13002 y� 13003 n n m - 1 ov A 1 li 6.1010(3 ' 0 0 1iv7�`-+1` S 9101 -N-- 32045 32045 3103542010 42003 31011 42009 — 31401 31403 42002 42013 31001 42008 42015 42016 32003 32044 31050 31404 42017 42007 42005 ' 32039 31402 31013 31008 31005 Scale - lin = 300ft 0 150 300 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