HomeMy WebLinkAboutR-1992-D6100 Reimbursable AgreementRESOLUTION NO. D-6100
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Dean Brinkley for the
partial reimbursement of construction cost for a sewer main
extension.
WHEREAS, Dean Brinkley 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 Dean Brinkley 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
Apri1
ATTEST:
, 19 92 •
CITY ERK
Eng. & UtiL
ENGRI CC 2
14
day of
REIMBURSEMENT AGREEMENT AND CONVEYANCE
RE: SEWER UTILITY SYSTEM
THIS AGREEMENT made and entered into this day of ,
19 , by and between the CITY OF YAK/MA, a municipal corporation located in
Yakima County, Washington, hereinafter referred to as "CITY" and DEAN
BRINKLEY, hereafter referred to as "DEVELOPER";
W ITNESSET 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 No. 181323-12062
The Developer will install the following described improvements:
An 8 -inch public sewer main extension constructed from
the existing sewer main located approximately 670 feet
from the centerline of Englewood Avenue, constructed
north 556 feet to the termination point.
The installation will comply 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 estimated cost of said
construction as above specified will be in the sum of $22,281.18. Exhibit
"A", attached hereto contains the legal desnription 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 shall be employed to determine the pro rata reimbursement to
Eng. & Util.
Engr. AA9
4/2/92
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 share cost per
lineal foot is $16.71; provided, that in no event shall the Developer be
reimbursed for an amount greater than $17,094.33, 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 Cita 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 3/16/92 the date of the reimbursement collected by the
City, City Invoice No. 9948, 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. AA10
3/30/92
DATED THIS DAY OF
BY
ATTEST:
City Clerk
BY
STATE OF WASHINGTON )
. as
County of YA.k/►+ta- )
, 19
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
City Manager
DEVELOPER
On this day personally appeared
, to me known to
who executed the within and foregoing
lit e, signed the same as In. i s free
uses and purposes therein mentioned.
before me V e&✓t "Brib4 Wet/
be the individual described ih and
instrument, and acknowledged that
and voluntary act and deed, for the
Given under my hand and official seal this
199v.
Eng. & Util.
Engr. AA11
3/27/92
day of
rtt
Not -r Public in and for the State of
.rh few , residing at Yw,�/wta
/t/Icy Gov.+ r /s r/o - r,rr "Kiei, er ///,o/9.S
EXHIBIT A
Properties benefitting from North 21st Avenug Sewertensiorl, City
Project No. 1383.
Connection Rate: $16.71/F.F.
Parcel No. Front Foot Ametu t
181323 -12400 89 $1,487.19
-12401 100 $1,671.00
-12402 60 $1,002.60
- 124031) 40 $ 668.40 3)
-124041) 40 $ 668.40 3)
-12408 64 $1,069.44
-12409 64 $1,069.44
-12410 64 $1,069.44
-12412 64 $1,069.44
- 12415 64 $1,069.44
-12416 64 $1,069.44
-120622) 310 Exempt -0-
181323 -12005 70 $1,169.70
-12006 60 $1,002.60
- 12009 60 $1,002.60
-12010 ________111_____ $2,L05.20
TOTAL 1,333 $17,094.33
1)
2)
Requires private utility easement filed at Courthouse
Exempt per agreement - Developer's property
3) Paid Reimbursement on 3/16/92, Invoice No. 9948
Note: Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
Note:
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office
NE 1/4
Section 23, Township 13 North, Range 18
ENGLEWOO
12017
12013
12014
6
22
.16
12020
.24
'2400
0
12037
.21
12021
.19
12038
ca
12024
.ts
w 12022
wI .17
12025
42407
.22
12402
4i
'2408 Q
THIS
A12409 N 12005
CTS a 12006
124t0 .14
2 12009
'6
'_L 12453
i/SlON33
42452
12027
12026
.23
12028
.22
12028
.21
.21
12031
12030
.22
12411
12413
12444
42004
.24
12007
ROOSEVELT
12032
12035
.19
12417
12412
12445
12416
`a± 0,4
1053 sr McKINLEY AVENUE
42462
. 3
:4 12463
ice—
•
E►
IZ 64 Q,
5
42042
a!
12045
12037
44
1204+
.su
12044
.50
.80
42047
16
42036
1.16
12034
12049
.35
LEGEND
LINCOLN
Benefitted Sewer
Area
Reimbursable
Non -Reimbursable
AVENUE
TRANSFER OF OWNERSHIP OF UTILITY SYSTEM
Dean Brinkley, owner(s), do(es) hereby transfer(s), deliver(s) and relinquish(es) to the City
of Yakima, Washington, all right, title and interest in, and ownerhship of,, the following
described utility system:
CITY PROJECT NO. 1383
An 8 -inch public sewer main extension constructed from the existing
sewer main located approximately 670 feet from the centerline of
Englewood Avenue, constructed north 556 feet to the termination
point.
The undersigned owner(s) agree(s) and understand(s) that this transfer of ownership of
the above described utility system to the City of Yakima is subject to page 25, Section 1-
05.12 Final Acceptance, 2nd paragraph of the 1988 Standard Specifications for Road,
Bridge, and Municipal Construction, Washington State Department of Transportation modified
as follows:
Final acceptance shall not constitute acceptance of any unauthorized or defective work or
material. The City shall not be barred from requiring the Contractor to remove, replace, repair,
or dispose of any unauthorized or defective work of material or from recovering damages for
any such work or material.
transfer of Ownership of Utility System, eff
acceptance of the utility system.
STATE OF WASHINGTON)
: ss
County of Yo-lc.rw A—
ve only upon the City's final approval and
On this day personally appeared before me P e - `' r 1 ri L
-,------------, to me known to be the individual descri • ed in and who
executed the within and foregoing instrument, and acknowledged that k signed the
same as iA% s free and voluntary act and deed, for the uses and purposes therein mentioned.
Given under my hand and of a1 _3'�t_of 4rZ 1 ,19�_
blic in and for the State of i. s 1, "
rest g at,
My Commission Expires r/ io 9S
Eng. & Util.
Engr. TUE 4
4/2/92