HomeMy WebLinkAboutR-1992-D6101 Reimbursable AgreementRESOLUTION NO. D-6101
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Aziz Jurbran for the
partial reimbursement of construction cost for a sewer main
extension.
WHEREAS, Aziz Jurbran 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 Aziz Jurbran 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 day of
April , 19 92 .
Al LEST:
Eng. & UtiI.
ENGRI CC 5
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 AZIZ JUBRAN,
hereafter 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 No. 181317-44418, 181317-44419, 181317-
44419, 181317-44442, 181317-44423
The Developer will install the following described improvements:
An 8 -inch public sewer main ezutension constructed from
the existing sewer main located south of Englewood
Avenue on No. 66th Avenue, constructed south 113 feet
thence west 190 feet on Englewood Avenue and north on
66th Aveue approximately 250 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 $23,493.99. 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 shall be employed to determine the pro rata reimbursement to
Eng. & Util.
Engr. AA29
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
parcel is $3,356.28; provided, that in no event shall the Developer be
reimbursed for an amount greater than $3,356.28, 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 C:Lty.
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 9/13/90, the date of transfer of ownership
transaction, 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. & Util.
Engr. AA30
4/10/92
DATED THIS DAY OF
BY
ATTEST:
City Clerk
STATE OF WASHINGTON )
• as
County of YkkAot0.)
, 19
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
City Manager
DEVIL', PER
BY ,!.(
On this day personally appeared
, to me known to
who executed the within and foregoing
e_ signed the same as leis free
uses and purposes therein mentioned.
Given under my hand
19 Z- .
Eng. & Util.
Engr. AA31
4/2/92
i Jubrag."4-4-#(4
before me AZ1z 4. J K6 ray.
be the individual described in and
instrument, and acknowledged that
and voluntary act and deed, for the
and official seal
this Glw day of 4419r:1
No =ry Public in and for the State of
A.z . +" , residing at Yakrrrca
MY Cow.,;sSroh exPirE.3 t,iJiof9S
EXHIBIT A
Properties benefitting from Jurban Sewer Extension, City Project
No. 1247.
Connection Rate: $3,356.28 per parcel
parcel No.
Amount
181323-44404 $3,356.28
Note: Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
Note:
Eng. & Util.
Engr. Forms 17
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office
31407
13.30
28
42410
220
11-90
42411
•
2.00� _.
7l7
42428
4 23
89-00
42429
495
89.130
i
f-
0
z
42427
3 84
88-13
4213,
.790
90.81
47432 42433
77 ® 77 ek
90-81 90-81
42434
77 �1
90-82
47433
76 0 r
90-83
42438 42437 42438
77 77 77
90.83 90-83 90-63
41421 47427
7'& I 73
N87-73 87-13
42423 42424
73 p 73
87-23 87-73
31
41402
9 00
a10ENIC DRIVE
471405
7 80
32
6C'
-".0= . 41403
17.9 5
ENGLE w00D
/.W8.5
4
4 G A.
LEGEND
Benefitted Sewer Area
Reimbursable
Non -Reimbursable
2O ,-301
2-73
JW
gr
141
TRANSFER OF OWNERSHIP OF UTILITY SYSTEM
A2I2 JUBRAN , 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. 1247
THE CONSTRUCTION OF 560 L.F. OF 8 -INCH PVC PIPE CONSTRUCTED A5 A
PUBLIC SEWER SYSTEM TO SERVE JUBRAN ADDITION, LOTS 1-6
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 unassuthorized 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.
STATE OF WASHINGTON
:ss
County of )
On this day personally appeared before me Az/z.. / . J min
�__,to me known to be the individual described in
and who executed the within and foregoing instrument, and acknowledged that
fet.e-- signed the same ashis free and voluntary act and deed, for the
uses and purposes therein mentioned.
Given under my hand and official seal this✓3"day of
�D.
fepi. ,19
No ry Public in and for the State of Ws'
residing at Y4.4 «_
/ply Co.rH.sr�sK E,tp,?er