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Home My WebLink AboutR-1992-D6151 Orchard Park / Reimbursable WaterRESOLUTION NO. A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Orchard Park Retirement Residence for the partial reimbursement of construction cost for a water main extension. WHEREAS, Orchard Park Retirement Residence has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a water main extension, and WHEREAS, Orchard Park Retirement Residence has met the requirements of City policy for reimbursement, which the City is authorized to make pursuant to RCW 35.91, now, therefore, 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 Orchard Park Retirement Residence for reimbursement of costs of installing a water line, all as provided in an agreement entitled "Water Reimbursement Agreement", a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 4 day of ,192. ATTEST: YOR Eng. & UM. ENGRI CC 1 CITY ERK REIMBURSEMENT AGREEMENT AND CONVEYANCE RE: WATER UTILITY SYSTEM THIS AGREEMENT made and entered into this �0 i ti day of 0 t.H 19617--, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Orchard Park Retirement , hereafter referred to as "DEVELOPER"; Residence WITNESSET H: WHEREAS, The Developer, in reliance on potential reimbursement upon meeting qualifications under City policy, installed certain water 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. 181315-44419 Orchard Park Development The Developer has installed the following described improvements: City Project No. 1283 A 12 -inch watermain constructed according to City approved plans and specifications, generally described as beginning at North 34th Avenue; thence proceeding west on Eng. & Util. Engr. AA35 4/27/92 Fairbanks Avenue running along the west property line of Orchard Park Development; thence running southeasterly adjacent to the northerly property; thence southerly along the west side of North 34th Avenue to Fairbanks Avenue. 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 $20,818.20. Exhibit "An 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 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 per parcel is a rate of .0163934% x $20,818.20, estimated cost of said construction based on the percent ratio of 50 GPM fire flow to 3,050 GPM fire flow demand of Englewood Apartment Complex, provided that in no event shall the Developer be reimbursed for an amount greater than $400.00. 3. The Developer agrees that the construction and installation of the described improvement is in the public interest and in furtherance of public health and sanitation. 4. The Developer will convey, transfer and assign the 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 Eng. & Utii. Engr AA36 6/25/92 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 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 Eng. 8 Util. Engr. AA37 4/27/92 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. DATED THIS ,-a0 DAY OF ATTEST: City Clerk art cblrrRAR wits! STATE OF WASHINGTON ) . as County of Pierce ) BY BY , 19 ' )-- . CITY OF YAKIMA, WASHINGTON, a Municipal Corporation ty Manager DEVELOPER (type/printed name Daniel R. Baty (type/printed job title Gener 1 Partner On this day personally appeared before me Daniel R. Baty , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this 21st day of May 19 92. `t L411 • i ��g$ION EX/tl , 4 ��o� 0,� i a sA c VW:!:(k `�� Eng. & Utll. Engr AA38 4/27/92 \Ciat Notary Publi,in and for the State of Wash i ngtnn , residing at Tacoma. /3/8 54 ENGLEWOOD AVENUE INIMMIEnsimin C 89037' 50* W LEGEND Benefitted Sewer Area Reimbursable Non -Reimbursable 1318 54