HomeMy WebLinkAboutR-1992-D6104 Reimbursable AgreementRESOLUTION NO.
4
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Doug Keller,
Cliffacres Orchards, Inc. for the partial reimbursement of
construction cost for a sewer main extension.
WHEREAS, Doug Keller, Cliffacres Orchards, Inc. 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 Doug Keller, Cliffacres
Orchards, Inc. 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 _
April , 19 92
MAYOR
ATTEST:
CITY CLERK
Eng. & Util.
ENGR1 CC 6
1
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 YAKIMA, a municipal corporation located in
Yakima County, Washington, hereinafter referred to as "CITY" and DOUG KELLER,
hereafter referred to as "DEVELOPER";
W ITNESSICT 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:
Plat of Ridgeview West, Phase I
The Developer has installed the following described improvements:
City Project No. 1513
An 8 -inch public sewer main extension constructed from
the existing sewer main located approximately 150 feet
from the centerline of South 90th Avenue, constructed
to serve the plat of Ridgeview West.
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 $40,489.08. 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 AA32
4/7/92
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 of frontage is $11.24; provided, that in no event shall the
Developer be reimbursed for an amount greater than $3,697.96, 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 the execution 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. tipon 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. AA33
4/7/92
DATED THIS DAY OF
ATTEST:
City Clerk
BY
BY
, 19
CITY OF YAKIMMA, WASHINGTON,
a Municipal Corporation
City Manager
DEVELOPER
-00 X.L.eic t
Doug K ler
STATE OF WASHINC'TON )
: ss
County of Y4 k(+•c.. ) /
On this'77( day of r rt/ , 19 . personally ap-
peared before me 1)064.1/As L. I ir, it -P!
to me known to be the Pres ide.1
eotiy61; of
c/, acres 4rcbardf,tnc. , the corporation that executed the
within and foregoing instrument, and acknowledged the said instru-
ment to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute said instrument
and that the seal affixed is the corporate seal of said corpora-
tion.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my of-
ficial seal the day and year first written.
No ..ry Public in and for the
S -te of V474.rX:r•1f..t
esiding at Ya
My commission expires/V/0/9s
Eng. & Util.
Engr AA34
4/7/92
f.
I
EXHIBIT A
Properties benefitting from Plat of Ridgeview West. Phase _., Sewer
Extension, City Project No. 1513.
Connection Rate: $11.24
Yakima County Parcel No.
Parcel No. Front Foot Amount
191323-34406 329 $3,697.96
Note
Note:
Reference should be made to paragraph 7 of the
Reimbursement Agreement concerning computations.
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office
TRANSFER OF OWNERSHIP OF UTILITY SYSTEM
Doug Keller, 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 ownership of, the following
described utility system:
City Project No. 1513
Beginning at the existing manhole on Chestnut Avenue, located
approximately 150 feet west of the centerline of South 90th Avenue;
thence proceeding west to serve the plat of Ridgeview West.
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 u n the City's final approval and
acceptance of the utility system.
0�sed 1.--fl-1.--fl1.--fl-e.��} ail?
Kr
A •
STATE OF WASHINGTON )
`� ss
County of 7a k/i'ta. )
On this 77i -day of t 1 , 19n- personally ap-
p e a r e d be. r e me 1D. tree
l a s L. ,fie !/e. -
..a -d
to me .rmaown to be tree Pres i a1e.N,+ --EW -
of
C li.P-Pa. c res O r c.Aa,-o{s, Inc_ , the corporation that executed the
within and foregoing instrument, and acknowledged the said instru-
ment to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on
oath stated that they were authorized to execute said instrument
and that the seal affixed is the corporate seal of said corpora-
tion.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my of-
ficial seal the day and year first writt_n.
N• ary Public in and for the
ate of itila s A q, a ,
residing at Ya.ki na �.
My commission expires ////079.5-
4
.1404
4
SL/MM/ T V/ EW
AVENUE
16 .
3.463
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6
1/41
5,456
.:406
/0
334,0
3
5240,
32416
4111,
35
3,134
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01
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HAPPY
3,440
5
W
494
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3,450
If
3.40f
Fl
LEGEND
Benefitted Sewer
Area
Reimbursable
Non -Reimbursable
34406
34007
4.39