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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 $9,524.48 Note: Reference should be made to paragraph 7 of the Reimbursement Agreement concerning computations. 1) Exempt per agreement - Developer's property Note: Eng. & Util. Engr. Forms 8 Documentation confirming costs by reference made a part of this Latecomer's Agreement filed at the City Clerk's Office 75,-142 • 14 r 21406 21433 .60 79-241 412 5 2659.71 12411 41 80-168 12417 57 12410 32 . Lincoln Ave. V. 71 12409 32 13002 13017 24009 8.00 gg1-14091-u8 13009 13006 )3029 52 41 48 13451 AVALANCHE AVE 113505 /0 42J 0425 // 24402 13426 /2 41.37 13427 /3 ERICH'S 7 7)145 44 05-2A0. 4885-1,x 2 HILL 13418 13443 790 C-23 /Lek 24411 39 0 86-47 24412 28 2440 32 13436 8 13432 /4 496-13 L D I, SEPT 78 .11•1010111•••• LEGEND Benefitted Sewer Area Reimbursable Non -Reimbursable Summitview Ave. 13027 9.17 .0$ 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