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HomeMy WebLinkAboutR-1992-D6098 Reimbursable AgreementRESOLUTION NO. 0 9 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Yakima Housing Authority for the partial reimbursement of construction cost for a sewer main extension. WHEREAS, the Yakima Housing Authority has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a sewer main extension. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Yakima Housing Authority for reimbursement of costs of installing a sewer line, all as provided in an agreement entitled "Sewer Reimbursement Agreement", a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this AV" day of AWL 9 ATTEST: Eng. & ENGR1 CC 3 REIMBURSEMENT AGREEMENT AND CONVEYANCE RE: SEWER UTILITY SYSTEM THIS AGREEMENT made and entered into this day of 19 , by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and YARIMA HOUSING AUTHORITY, heteafter referred to as "DEVELOPER"; WITNESSET H: WHEREAS, The Developer, in reliance on potential reimbursement upon meeting qualifications under City policy, 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 improvement constitutes an integral part thereof; and WHEREAS no other property owners or users are presently 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 35.91.010 et seq; and WHEREAS, the Developer paid all the costs and expenses for the installation of said improvements; THE PARTIES AGREE AND COVENANT AS FOLLOWS: 1. The Developer represents that he is the owner of the following described property: Yakima County Parcel Nos. 191331-22488 and 191331-22489 The Developer has installed the following described improvements: An 8 -inch public sewer main constructed to an existing manhole on Pierce Street, thence proceeding north 340 feet to the termination point. Said construction is within a public utility easement located in Poole Addition between South lst Avenue and Landon Avenue. The installation has complied with all applicable codes and regulations of the City of Yakima. In addition to the terms of this agreement, all facilities offered by this developer under this agreement upon the City's acceptance shall be subject to all City ordinances regulating utility facilities in general, as now or hereafter adopted. 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, and the Developer will defend and hold the City of Yakima harmless from any liability in connection there- with 2. The Developer certifies that the total cost of said construction as above specified will be in the sum of $4,000. Exhibit "A", attached hereto contains the legal description of the lands affected by this latecomer agreement and a map showing in outline the land affected by such additional charges per the terms of this agreement. The total cost of said improvement Eng. & Util. Engr. AA5 3/30/92 shall be employed to determine the pro rata reimbursement to the Developer by any owner of real estate, who did not contribute to the original cost of such improvement, and who subsequently wishes to tap on or connect to said facilities, all subject to the laws and ordinances of the City of Yakima and the provisions of this Agreement. The pro -rata cost per parcel is $1000; provided, that in no event shall the Developer be reimbursed for an amount greater than $1,000, construction costs documented by the developer. 3. The Developer agrees that the construction and installation said have described improvement is in the public interest and in furtherance of public health and sanitation. 4. The Developer will convey, transfer and assign unto City all right, interest, and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever. After inspection and approval of said construction by the City Engineer and acceptance by the Yakima City Council, the improvement shall be part of the City of Yakima utilities system . The Developer will deliver to the City any and all documents including Quit Claim Deeds and Bills of Sales that may reasonably be necessary to fully vest title in the City. The Developer will pay to the City such service fees or other charges as may be imposed by Ordinances of the City of Yakima from time to time applicable to like users of the same class. 5. The Developer guarantees workmanship and materials in the facilities subject to this agreement, for a period of one year after the City's acceptance of the facilities; Developer warrants that the facilities are fit for use as part of the City sewer system. Developer will defend and hold the City harmless from any liability claimed by a third person due to faulty workmanship and materials within the aforementioned one-year guarantee period. 6. City reserves the right, without affecting the validity or terms of this Agreement to make or cause to be made extensions or additions to the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 7. No person, firm or corporation shall be granted a permit or be authorized to tap into the facility for water or sewer service during the period of 15 years from August 19, 1986, the date of reimbursement collected by the City, City Inovoice No. 6786, 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 facilities constructed in connection therewith, the amount required. by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts so received by the City shall be paid out by it to the Developer under the terms of this agreement within thirty (30) days after receipt thereof. Upon expiration of the aforementioned 15 -year term, City shall be under no further obligation to collect or make any further sums to the Developer. The decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefitted owner who wishes to hook up to such improvement, shall be final and conclusive in all respects. 8. This Agreement shall become operative upon its being recorded with the Auditor of each County in which any of the benefitted lands are situated, at the expense of the Owner, and shall remain in full force and effect for a period of fifteen years after the date of such recording, or until the owner, or its successors or assigns, shall have been 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 facility, such determination of uselessness to be in the absolute judgment of the City's Engineer, then the City's obligation to collect for the Owner of the tapping charges provided pursuant to this agreement shall cease. Eng. E. Util. Engr. AA6 3/30/92 DATED THIS DAY OF BY ATTEST: City Clerk BY STATE OF WASHINGTON ) . 88 County of , 19 CITY OF YAKIMA, WASHINGTON, a Municipal Corporation City Manager DEVELOPER YAKIMA HOUSING AUTHORITY On this day personally appeared , to me known to who executed the within and foregoing signed the same as free uses and purposes therein mentioned. 19 before me be the individual described in and instrument, and acknowledged that and voluntary act and deed, for the Given under my hand and official seal this Eng. & Util. Engr. AA7 3/27/92 day of Notary Public in and for the State of , residing at EXHIBIT A Legal Description and status of properties affected by the Sewer Reimbursment: Agreement. .E ri eI No• Status 191331-22488 Owned by Developer 191331-22489 Owned by Developer 191331-22501 Connected to system - Sewer Reimbursement paid to City on 8/19/86, City Invoice No. 6786. 191331-22500 Exempt per Developer- damaged drainfield during sewer construction. Note: Documentation confirming costs by reference made a part of this Latecomer's Agreement filed at the City Clerk's Office Eng. & Util. Engr. AA8 4/10/92 z W 22504 ,122503 20 10 241 22505 20 22502 -30 22506 20 3 22508. .20 1 22507 20 4 22509 20 se 22510 5 20 1 20 VOEL--KER- 22513 6 22512 20 20 22515 I ,22514 20 S 20 22511 22516 22517 20 B 20 22519 1 22518 20 I 20 22521 -- i 22520 20 20 /e. /'1D r.; N (BROADWAY) Z N N KING STREET 22539 �22540122541.; 20 , 10 l 10 22537 j9 22538 20 .20 22536 /8 22535 20 20 22533i' 22534 20 -20 22532 `16 22531 20 20 ADp. 2 530 ,5 22529 20 20 22528 ,4 22555 20 20 20 13 20 22524i1 22525 20 20 22523 ~22522 20 22527 22554 1- N (1) /1/2 2. 22494 8 20 /}2 2 9 22495 20 224937 .20 10 22496 .20 224926 20 // 2249? 20 22491 22498 20 5 42 20 POOLE #41-00.-1 22490 4 /3 22499. 20 20 K :22489 3 .. X75 4 # RT:4 . .15 •:t 22501 w 28 i 22487122543122544 .3':l ♦., .25 t 22 i t.>' t .. 2401 27 0 4-2 %s N. VA .. !s la pa 22472 .22 G 22473 Z 22 0 % • 8 2 z 4 J 9 2, 'T- • 3 22474 r 44 4 ---OMEG C� 22475 5 22 /0 2 11 oF '1 2255? 6 13 30 22553 7 14 (r d ---- . 22400 39 V2 23403 5.64 11 23406 33 4'310 23407 4.61 1 .030 23410 . 94 83-27 *20 23404 - 6.37 Sl/ LEGEND Benefitted Sewer Area (properties fronting the sewer main) Non-Reimbursible (Exempt per Letter of Understanding) Reimbursible BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I 74 For Meeting Of 4/14/92 ITEM TITLE: Resolution Authorizing the Execution of a Sewer Main Reimbursable Agreement/Yakima Housing Authority SUBMITTED BY: Dennis E. Covell, Director of Engineering & Utilities CONTACT PERSON/TELEPHONE: Rita Germunson, Office Engineer -- 575-6120 SUMMARY EXPLANATION: A sewer main was installed for land development on South 1st Avenue north of Pierce Avenue. All costs of the sewer line were paid by Yakima Housing Authority. The Sewer Reimbursement Agreement in compliance with RCW is the means by which Yakima Housing Authority can recover a portion of the construction costs. X Resolution Ordinance Contract Minutes X Plan/Map Notification List Other (Specify) APPROVED FOR SUBMITTAL:-.-,� ity Manager STAFF RECOMMENDATION: Staff recommends City Council approval of the resolution executing the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. D-6098 TD -12 RG.1 1 - 3/31/92