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HomeMy WebLinkAboutR-1992-D6198 Monte ScaccoRESOLUTION NO. 6198 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Monte Scacco for the partial reimbursement of construction cost for a sewer main extension. WHEREAS, Monte Scacco has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a sewer main extension, and WHEREAS, Monte Scacco 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 Monte Scacco entitled "Sewer Reimbursement Agreement", a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this c=:)c:_.--v• • , 19')2 . ATTEST: &yr. Mil. ENGRZ/SCACCO September 29, 1992 day of REIMBURSEMENT AGREEMENT AND CONVEYANCE RE: SEWER UTILITY SYSTEM ku THIS AGREEMENT made and entered into this IG01 , day of bow , 194 a—, by and between the CITY OF YAKIMA, a municipal, corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Monte Scacco, hereafter referred to as "DEVELOPER"; W ITNESSET 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 Parcels 181320-13451, 181320-13452 and 181320-13453 The Developer will install the following described improvements: An 8 -inch sewer line along the north side of Avalanche Avenue, between North 70th Avenue and North 72nd 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 therewith. 2. The Developer certifies that the total estimated cost of said construction as above specified will be in the sum of $21,830.68. 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 thepro- 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 Engr. i Util. ENGRI/SCACCO rt this Agreement. The pro -rata per parcel is $2,728.84; provided, that in no event shall the Developer be reimbursed for an amount greater than $8,186.52, construction costs documented by the developer. 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 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. A11 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. Engr. i at31. ENGRZ/SGAOCO DATED THIS /61D DAY OF BY ATTEST: City Clerk BY flri CONTRACT NO. % -/ v % / C i`7 4 STATE OF WASHINGTON ) ss County of , 19 et 3— . CITY OF YAKIMA, WASHINGTON, a Municipal Corporation DEVELOPER ty Manager Monte Sc.cco Develope On this day personally appeared , to me known and who ecuted the within and foreg that ��� signed the same as deed, for t e uses and before me /2 n) 1L0 6� to be the inOividual described in ing instrument, and acknowledged free and voluntary act and purposes therein mentioned. AL2- Given under my hand and official seal this/ day o 19 (10---". at a,k4i LAA bt-e N t r04/76/01 yi. PAblit n and for the St 1 , residing EXHIBIT A Properties benefitting from Avalanche Avenue Sewer, City Project No. 1491. Connection Rate: $2,728.84 per parcel Parcel No. 181320-13006 181320-13029 181320-13003 181320-13004 181320-13009 Amount $2,728.84 $2,728.84 $2,728.84 Exempt per Letter of Agreement Exempt per Letter of Agreement Note: Reference should be made to paragraph 7 of the Reimbursement Agreement concerning computations. Note: Documentation confirming costs by reference made a part of this Latecomer's Agreement filed at the City Clerk's Office. LETTER OF UNDERSTANDING Monte Scacco, referred to as the DEVELOPER installed Public Sewer System described as follows: An 8 -inch sewer line along the north side of Avalanche Avenue, between North 70th Avenue and North 72nd Avenue. a The "Developer" hereby acknowledges that the immediate purpose of the sewer was to serve the following described parcel(s): Yakima County Parcel Nos. 181320-13451 181320-13452 181320-13453 The Developer paid all costs and expenses for the installation of said improvements, this LETTER OF UNDERSTANDING signed by the "Developer" authorizes the City to proceed with the necessary steps to execute a REIMBURSABLE. AGREEMENT between the City and the Developer. Said agreement is subject to City Council approval. The costs and expenses associated with this project are defined as follows: Engineering Sewer Construction Inspection Fees Construction Costs $ 3,524.00 15,919.68 795.00 1,592.00 $21,830.68 The method of fair cost proration based on the above stated costs for future utility connections is as follows: $21,830.68 total project cost = 8 parcels = $2,728.84 per parcel The owner of real estate who did not contribute to the original cost of said described utility improvement being City Project No.1491 and who subsequently tap onto the improvement will be assessed a utility connection charge to the terms of the SEWER REIMBURSABLE AGREEMENT and in compliance with City Ordinance. The affected properties are legally described in Exhibit A and indicated on the attached map. DEVELOPER Engr. i [Jti1. ENGR2/scAcco Dated this •11 -day of L5_c_.p c. r -'^ 1992. STATE OF County o I, t undersigned Notary Public,4/and for the to e and County, do)ereby certify that on this c.)/d. o , 19 J— , personally appeared before me % A/ , to me known to be the individua _ described in and who executed the within instrumen and acknowledged that signed and sealed the same as /7.0 free and voluntary act and deed for the uses and purposes therein mentioned. of Notary, Public in and f residing at e State My commission expires: 9'�-a"'" 94- NE 1/4 Section 20 Township 13 North, Range 18 /3001 13011 •I . 41 AYALAMCIIE AVE HIL 1341$ t3443 44 15- 441 i3-10- S/2 s 13417 13442 SA IS -V1 14 14-24.3. 13.11 14343) t LEGEND Benefitted Sewer Area Reimbursable Non -Reimbursable