HomeMy WebLinkAboutR-2007-004 Mitch Rose Water Main Reimbursable AgreementRESOLUTION NO. R-2007 - 04
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to exlecute a
Reimbursable Agreement for a Water main for Fire Control
WHEREAS, Mr. Mitch Rose in reliance on potential reimbursement pursuant to
RCW35.91.020, installed a water main and appurtenances thereto and connected same to the City's
existing water main system so that such improvements constitute an integral part thereof; and
WHEREAS, Mr. Rose paid all the cost and expenses for installation of said improvements;
and
WHEREAS, the City and Mr. Rose agree that the construction and installation of said
improvements is in the public interest and in furtherance of public health and welfare; and
WHEREAS, it is in the best interest of the City to enter into a Water Main for Fire Control
Reimbursable Agreement and Conveyance with Mr. Rose 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 directed to execute the attached Water Main for
Fire Control Reimbursable Agreement and Conveyance.
ADOPTED BY THE CITY COUNCIL this 9th day of January 2007 .
A,dei �.
��
vim....�David Edler, Mayor
ATTEST:
Deborah J. Moore, C�"ty.. Ierk
City of Yakima
City Clerk
129 North 2nd Street
Yakima, WA. 98901
WATER MAIN FOR FIRE CONTROL
REIMBURSEMENT AGREEMENT AND CONVEYANCE
fii-
THIS AGREEMENT made and entered into this /6, day of ,r , 2007, by and
between the CITY OF YAKIMA, a municipal corporation located in akima County,
Washington, hereinafter referred to as "CITY" and Mitch Rose, hereinafter referred to as
"DEVELOPER";
WHEREAS, the Developer, in reliance on potential reimbursement pursuant to RCW
35.91.020, installed certain 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, only one other property owner or user was available to share in the cost and
expense of construction of such improvements and the party 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 welfare;
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 Parcel 181336-32430
2. Water main for Fire Control. The Developer in connection with the above-described
property installed the following described water main pipeline improvements:
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A twelve (12) inch water main pipeline and appurtenances for the exclusive
use as a Fire Control Water main beginning at the existing twelve (12) inch
water main located approximately 98 feet south of the intersection of South
12th Avenue and West Washington Avenue and extending south in South 12th
Avenue a distance of 829 feet.
The Developer certifies and agrees that the total cost to developer of said improvement
construction, after deduction of ineligible costs and reimbursements by others, is $47,477.94.
3. Compliance with Applicable Codes/Regulations. The Developer represents that said
water main improvements comply with all applicable codes and regulations of the City of
Yakima. The Developer agrees that said water main 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 less Deductions, for costs already reimbursed, of said Water main
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 pro -rata cost for each parcel subject to this reimbursable Agreement shall be as
follows:
Yakima County Parcel 181336-31429 $21,419.48
Yakima County Parcel 181336-32001 $10,108.39
Provided that in no event shall the Developer be reimbursed for any amount greater than
$31,527.87.
No person, firm, corporation, or other entity shall be granted a permit or be authonzed to
tap into the facility for Fire Service during a period of fifteen (15) years from the date of
acceptance of said improvements by the City Engineer pursuant to Section 9 of this Agreement,
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
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Developer under the terms of this Agreement within Thirty (30) days after receipt thereof. Upon
the 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. Provided further that in accordance with the provisions
and terms of RCW 35.91.020(3), every two (2) years following the date of this reimbursable
contract the Developer shall provide the City with information regarding the current contract
name, address, and telephone number of the person, that originally entered into this contract. If
the Developer fails to comply with the notification requirements of this subsection within sixty
(60) days of the specified time, then the City may collect any reimbursement funds owed to the
Developer under the contract. Such funds shall be deposited in the capital fund of the City.
6. Conveyance of Improvements to City. Following inspection and approval of said
Water main Improvements by the City Engineer, the improvements were accepted and made a
part of the City of Yakima utility system on September 16,2004. 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 has fulfilled his obligation to guarantee workmanship and
materials of said water main improvements, and to defend, indemnify, and hold harmless the
City from any and all liability claimed by a third party due to faulty workmanship and matenals
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 water system.
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 Fire 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 acceptance of said improvements by the
City Engineer, 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 or by the transfer to the City of Union Gap of a portion of City's water main
facilities, such determination of uselessness/transference to be in the absolute judgment of the
City Engineer, then the City's collection obligation pursuant to this Agreement shall cease.
,7fL
DATED THIS /4., DAY OF , 2007
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CITY OF YAKIMA
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CITY OF YAKIMA, WASHINGTON, DEVELOPER
a Municipal Corporation
By:
R.A. Zais, C Manager
ATTEST:
STATE O WASHINGTON
:ss
County of Yakima
By: 0A.±Rom-'L
Mitch Rose
City Contract No. 7-45
Resolution No. #e",67-.4
I certify that I know or have satisfactory evidence that Mitch Rose is the person who
appeared before me and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
DATED this ?4, day of -,4, 4r, 2002;
Notary Public, in
State of `Nici.slni
a
and for the
Residing at (o
My Appointment
, Seic*h kAdk
expires Ott
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WATER MAIN FOR FIRE CONTROL
REIMBURSEMENT AGREEMENT AND CONVEYANCE
EXHIBIT "A"
Properties benefiting from the extension of the herein described Water main for Fire Control,
City Project No. 2945:
Linear Front Foot Rate: $28.64
Parcel No. & Legal Description
181336-31428
Lot 1, Short Plat Recorded under
Auditor File No. 7157459
181336-31429
Lot 2, Short Plat Recorded under
Auditor File No. 7157459
181336-32430
Lot 1, Short Plat Recorded under
Auditor File No. 7341353
181336-32001
E 12.64 AC. of Blk. 39, Ex N 600
ft of E 572 ft
TOTAL REIMBURSEMENT
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Reimbursable Amount
-0-
(Reimbursed Developer)
(By Agreement at Const.)
$21,419.48
-0-
(Owned by Developer)
$10,108.39
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$31,527.87
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W WASHINGTON AVE
Mitch Rose
Fire Main
Reimbursable
CV
Parcels to Pay
Reimbursement
® YVGS Property
bDeveloper
Property
100 50 0 100 Feet
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ik to
For Meeting of January 9, 2007
ITEM TITLE: Resolution authorizing the execution of a Reimbursable
Agreement for a Water main Improvement for Fire Control.
SUBMITTED BY: William Cook,
Dept. of Community and Economic Development
CONTACT PERSON/TELEPHONE: Al Rose, Project Engineer/ 575-6139
SUMMARY EXPLANATION:
Mr. Mitch Rose has, with the approval of both the City of Union Gap and the City of Yakima,
installed a twelve (12) inch Water main in S. 12th Ave. The water main is connected to the City of
Yakima existing water main near the intersection with W. Washington Ave. and is to be used
exclusively for Fire control purposes. Initially the main was to be used in conjunction with the
construction of the Yakima Valley Genealogy Library at the intersection of W. Washington Ave.
and S. 12th Ave. and Mr. Rose's Mini -storage development at the south end of S. 12th Ave. The
library has by written agreement with Mr. Rose, reimbursed him for their share of the cost to
install the main. There are two additional properties that can benefit from this pipeline for Fire
protection and Mr. Rose wishes to be reimbursed for their pro -rata share of his cost should these
two properties be developed in the future. All of the properties are within Union Gap's service
area, however, there is currently no water main within the area for either Fire or Domestic use.
Therefore the City of Yakima has agreed to permit the installation of this water main to be used
as indicated.
The attached Resolution authorizes the City Manager to execute a Reimbursable Agreement for
this main. The maximum reimbursement is $31,527.87.
Resolution X Ordinance — Contract _Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City
Manager and City Clerk to execute the attachedAgreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-04