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Home My WebLink AboutR-2004-059 Dean Thompson Sewer Reimbursement AgreementRESOLUTION NO. R-2004- 59 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, Dean Thompson WHEREAS, Dean Thompson, 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, Dean Thompson, paid all the costs and expenses for installation of said improvements; and WHEREAS, the City and Dean Thompson, agrees 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 System Reimbursement Agreement and Conveyance with Dean Thompson, 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 Dean Thompson. ADOPTED BY THE CITY COUNCIL this 13th day of April , 2004. ATTEST: PAUL P. GEORGE, MAY R CITY CLERK Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Grantor: Grantee: REIMBURSEMENT AGREEMENT CITY OF YAKIMA, WASHINGTON DEAN THOMPSON Legal Description: PLAT OF THOMPSON TRAILS, A.F. 7128304 OF PLATS Parcel Numbers: 181329-43001 - 43002 -43003 - 43007 -43401 -43400 - 43009 181329-43464 -43465 - 42482 - 42483 - 42484 -42485 - 42486 Page 1 of 1 11 11 111 !TY OF YAKIMI 111 1 11 1 11 11 1 I II 7395419 Page: 1 0£ 8 04/20/2004 09:56R is26.88 Yakima Co WR PUBLIC SEWER UTILITY SYSTEM REIMBURSEMENT AGREEMENT AND CONVEYANCE THIS AGREEMENT made and entered into this 4 day of Afar -c% 20011 , by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Dean Thompson, hereinafter 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 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 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; Eng. & Util. Engr. AA-THOMPSON TRAILS 1 10 10 1 1 N TY OF YAKIMR AGR 7395419 Page: 2 of 8 04/20/2084 08:588 $26.00 Yakima Co, WR 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 he is the owner of the following described property: the Plat of Thompson Trails, as recorded under Auditor's File No. 7128304 of plats, records of Yakima County, Washington. 2. Sewer Utility System Improvements. The following described sewer utility system improvements were installed by the Developer to serve the above- described property: An 8" sewer main extension in Yakima County R/W, Borley Lane, the West Valley interceptor, west 670'; thence south 330'; thence southwesterly 184' to Gregory Place in the Plat of Thompson Trails; thence west 311' to a manhole lying 75' east of So. 72nd Avenue The Developer certifies that the total cost of said improvement construction is $83,849.76, subject to approval by the City Engineer. As the improvements were installed to benefit the Developer; and as the Developer will be reimbursed through the sale of his lots, the Developer will not be reimbursed through this agreement for his development. 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. Eng. & Util. Engr. AA• THOMPSON TRAILS 2 11 11 111 111 1 11 1 11 . TY rw YAKtMA AGR 11 7395419 Page: 3 of 8 8412012004 09:58P IPA AA Yakima Co) WA 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. 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. 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 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 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 total cost of said sewer utility improvement paid for by the Developer was $83,849.76. The pro -rate per property square foot charge shall be for that property detailed in Exhibit "A" provided however, that the charge shall be adjusted should any other person, firm, corporation, or other entity be granted a Eng. & Util. Engr. AA- THOMPSON TRAILS 3 11 11 111 C TY OF YAKIMA 111 1 11 II II 11 7395419 Page: 4 of 8 64/20/2664 09:58P AGR $28110 Yakima Co, WA permit or be authorized to tap into the facility during the fifteen (15) year period from the date of this Agreement. In no event shall the Developer be reimbursed for any amount greater than that shown in Exhibit A. 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 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 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 with the City Clerk and 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; Eng. & Util. Engr. AA- THOMPSON TRAILS 4 II IIII III 1111111 1311111111111 1 7395419 Page: 5 of 8 04190/2004 09:56A AGR X26,00 Yakima Co, WA 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 �C" f DAY OF`�� , 20a'''/. CITY OF YAKIMA, WASHINGTON, DEVELOPER a Municipal Corporation Dean Thompson Dick, Zai , City Manager ATTEST: By Contract No. 2004-47 Resolution No. R-2004-59 STATE OF WASHINGTON County of Yakima ss 4:tpeI is tify l I know or have satisfactory evidence that, COL,. 114.-+ 44&1/ 1.4".."."' signed this instrument and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. / _ /� DATED this 1:7C Cwt. day of a-[�-K- , 200 Nc�k Public in and for vie State of NW residing at / , oho d7 My Commission expires: Eng. & Util. Engr. AA- THOMPSON TRAILS 5 11 11 01 111 h 1 11 CITY OF YAKIMA AGR AI II II 7395419 Page: 6 of 8 0412012004 09156A $26.00 Yakima Co, WA 3tz w UD t 10 w rn P4 N O1 WS 1111 111 CITY OF YAkIMA 75419 Pa39ge 7 of 8 9412912994 99 56A AGR $26.99 Yakima Coo WA EXHIBIT A Dean Thompson Project No. 9808.06 PLAT OF THOMPSON TRAILS, REIMBURSEMENT AGREEMENT BORLEY LANE SEWER MAIN EXTENSION A. Engineering B. Fees: C. Construction: $10,249.68 $ 6,715.50 $66,839.58 Total: $83,804.76 Total Elegible cost: = $83,804.76 PARCEL NO. NAME 1. 181329-43001 2. 181329-43002 3. 181329-43003 4. 181329-43007 5. 181329-43401 6. 181329-43400 7. 181329-43009 8. 181329-43464 9. 181329-43465 10. 181329-42482 11. 181329-42483 12. 181329-42484 13. 181329-42485 14. 181329-42486 Susan Erickson Susan Erickson Marla Chisholm Marlene K. Brooks Dean Thompson Dean Thompson Dean Thompson David & Vera Liebert James & Susan Richmond Marc & Juha Heilman Efrain & Alicia Palominos Dennis Diaz Milton & Esther Ewing Roberta Kuhlman Cost per SF: ADDRESS 6902 Borley Ln. 6910 Borley Ln. 7004 Borley Lane 1305 s. 7211d Ave. Subject Plat Subject Plat Subject Plat 7102 Gregory Place 7102 Gregory Place 6802 Storm Ave. 6804 Storm Ave. 6806 Storm Ave. 6808 Storm Ave. 6810 Storm Ave. TOTAL AREA REIM. AMT. 91,694 99,970 18,731 59,242 41,382 41,382 97,139 17,424 107,158 11,761 7,841 9,148 8,712 10,454 622,038 SF $83,804.76 / 622,038 = $0.1347261 111 1 11 1 11 AGR 11 1 $12,353.58 $13,468.57 $ 2,523.55 $ 7,981.44 $ 5,575.24 $ 5,575.24 $13,087.16 $ 2,347.47 $14,436.98 $ 1,584.51 $ 1,056.39 $ 1,232.47 $ 1,173.73 $ 1,408.43 $83,804.76 I II 7395419 Page: Sof 8 04/28/2004 09:58A S26 9A Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 f For Meeting Of April 13, 2004 ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable Agreement/Dean Thompson, Plat of Thompson Trails SUBMITTED BY: 1 liam Cook, Director, Department of Community & Economic Development CONTACT PERSON/TELEPHONE: Kevin Callow, Development Engineer - 575-6120 SUMMARY EXPLANATION: Dean Thompson extended an 8" public sewer main in Borley Way to serve his plat of Thompson Trails. There are additional properties fronting on this sewer main that will benefit from this main extension. Accordingly, this developer is requesting an agreement be established whereby he will be reimbursed for a portion of the cost of this extension based on those connections. The attached spreadsheet shows the allocated cost to each fronting parcel. Resolution X Ordinance Contract X Other (Specify) Agreement / Map Funding Source APPROVED FOR SUBMITTAL: .�f►" `j1�C2�t.� �� STAFF RECOMMENDATION: Staff recommends City Council approval of the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R 2004-59 Legal/BD Agenda Engineering 1