HomeMy WebLinkAboutR-1992-D6102 Reimbursment AgreementRESOLUTION NO.
_D=6102
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Thomas A. Svendsen
for the partial reimbursement of construction cost for a
sewer main extension.
WHEREAS, Thomas A. Svendsen 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 Thomas A. Svendsen
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 14 day of
April
Al LEST:
,19 92 •
MAYOR
Eng. & UtlI.
ENGR! 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 THOMAS A.
SVENDSEN, 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 the sewer main was constructed to
serve the following described property:
Yakima County Parcel Nos. 181320-22407, 181320-24408, 181320-
13438, 181320-13501, and 181320-13020.
The Developer has installed the following described improvements:
An 8 -inch public sewer main extension constructed at the
existing sewer main located approximately 220 feet east of
the centerline of 74th Avenue proceeding east approximately
735 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 $21,430.08. Exhibit
"A", attached hereto contains the legal description of the lands affected by
Eng. & Util.
Engr. AA24
4/2/92
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
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 ori 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 per parcel is
$2,381.12; provided, that in no event shall the Developer be reimbursed for
an amount greater than $9,524.48, 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 Bilis 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 the date of this contract, 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. AA25
4/2092
DATED THIS DAY OF
ATTEST:
City Clerk
BY
, 19 .
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
City Manager
DEVELOPER
Thomas A. Svendsen
STATE OF WASHINGTON )
as
County of
On t is day personally appeared before me 7?O,14.c
CV , to me known to be the individual described in and
who executed the within and foregoing instrument, and acknowledged that
-,�— signed the same as A- free and voluntary act and deed, for the
uses and purposes therein mentioned.
Given under my hand and official seal this (L day of
194n
Eng. & Util.
Engr. AA26
4/2/92
Notary^i
in and for the State of '' //
, residing at / '4d.-4 t 6
EXHIBIT A
Properties benefitting from 74th Avenue Sewer Extensicua, City
Project No. 1478.
Equal Share per Parcel,/Prorate Share: $2,381.12
Yakima County Parcel No.
181320-24407 -0- Exempt
F-24408 -0- Exempt
- 13438 -0- Exempt
-13501 -0- Exempt
-13020 -0- Exempt
- 13017 $2,381.12
- 13022 $2,381.12
- 13023 $2,381.12
- 13440 $2,381.12
TOTAL $9,524.48
Note: Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
1) Exempt per agreement - Developer's property
Note:
Eng. & Util.
Engr. Forms 8
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office
75,-142
• 14 r
21406
21433
.60
79-241
412
5
2659.71
12411
41
80-168
12417
57
12410
32
. Lincoln Ave.
V. 71
12409
32
13002
13017
24009
8.00
gg1-14091-u8
13009 13006 )3029
52 41 48
13451
AVALANCHE AVE
113505
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0425
//
24402
13426
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41.37
13427
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ERICH'S
7
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2
HILL
13418 13443
790
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24411
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86-47
24412
28
2440
32
13436
8
13432
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496-13
L D I, SEPT 78
.11•1010111••••
LEGEND
Benefitted Sewer
Area
Reimbursable
Non -Reimbursable
Summitview Ave.
13027
9.17
.0$
130
7.8
TRANSFER OF OWNERSHIP OF UTILITY SYSTEM
Thomas A. Svendsen, 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. 1478
An 8 -inch public sewer main extension constructed at the
existing sewer main located approximately 220 feet east of
the centerline of 74th Avenue proceeding east approx-
imately 735 feet east 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, effective only upon the City's final approval and
acceptance of the utility system.
STATE OF WASHINGTON)
�� ��•
ss
County of A211 -e-4)7)
On this day personally appeared before me )/?O, -z4' �tJ,I e..,
, to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that ___' signed the
same as G- free and voluntary act and deed, for the uses and purposes therein mentioned.
p
Given under' my hand and offici seal this WO day ofd ,192-.
Notaryday • : d for
residing at.
My Commission Expires
Eng. & Util.
Engr. TUS 3
4/2092