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
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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