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HomeMy WebLinkAboutR-1992-D6178 Reimbursable AgreementRESOLUTION NO. 78 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Clyde Bremerman for the partial reimbursement of construction cost for a sewer main extension. WHEREAS, Clyde Bremerman has, in reliance on potential reimbursement upon meeting qualifications under City policy, installed a sewer main extension. WHEREAS, Clyde Bremerman 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 Clyde Bremerman 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 cZ day of ATTEST: Eng. & 1.1111. ENGRI CC 2 CI CLERK REIMBURSEMENT AGREEMENT AND CONVEYANCE RE: SEWER UTILITY SYSTEM THIS AGREEMENT made and entered into this 3i day of a- , ,."" , 19 2-, by and between the CITY OF YAKIMA, a municipal corporation located in Yakima County, Washington, hereinafter referred to as "CITY" and Clyde Bremerman, 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 were 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 181329-21447 and 181329-21450 The Developer installed the following described improvements in August, 1987. An 8 -inch sewer line beginning at the existing stub on North 72nd Avenue, and extending west approximately 285 feet to new manhole on MacLaren Street. The installation complies 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 was $9,260.85. 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 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 $1,852.17; provided, that in no event shall the Developer be reimbursed for an amount greater than $5,556.51, construction costs documented by the developer. Eng. & Util. Engr. AA39 8/13/92 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 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 acceptance of the completed project (8/18/87) 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 acceptance of the completed project (8/18/87), 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. AA40 8/19/92 DATED THIS 3/ SA' DAY OF .C.° 199;/... . CITY OF YAKIMA, WASHINGTON, a Municipal Corporation ATTEST: BY City Clerk BY DEVELOPER Clyde Bremerman Developer STATE OF WASHINGTON ) ss County of On this day personally appeared before me C ( ydE_ 3rew.2rr taa , to me known to be the individual described in and who executed the k e_ signed uses and purposes within and foregoing instrument, and acknowledged that the same as 1/VIS free and voluntary act and deed, for the therein mentioned. Given under my hand and official seal this 17/11 -day of iu.cur-t" 19 9Z c! Eng. & Util. Engr. AA41 8/12/92 Notar Public in and for the State of WA 4+1)007DA) , residing at Yak/wtq. Ex Freer / f /10795- EXHIBIT A Properties benefitting from Bremerman Sewer Extension. Connection Rate: $1.852.17 per parcel Parcel No. 181329-21415 181329-21440 181329-21449 181329-21447 181329-21450 Amount $1,852.17 $1,852.17 $1,852.17 -0- (property owned by Developer) -0- (property owned by Developer) Note: Reference should be made to paragraph 7 of the Reimbursement Agreement concerning computations. Note: Eng. & Util Engr. Forms Let. of Und. 24 Documentation confirming costs by reference made a part of this Latecomer's Agreement filed at the City Clerk's Office. 21511 TRACT NW ction 29, Township 13, Range < B9° no' 40' 27516 r 27501 17 21515 W 27502 16 2 21503 10C 21406 50 22422 21512 +'3 21513 12 13 14 MEADOW LANE 22421 21510 21509 21505 21404 71506 \ 6 21456 2,482 21483 /2 I /s MAREE LANE 3 79 9 "74 1 2s ` 26 27 TACY 2'494 121491 12'496 21497 LANE t 8 2,493 !2/478 23 92 21 HOLLY LANE 21492 2,49, 21f7? / i 21476 21433 F BB -128 81-16 21452 26 MIDVALE -- 24407 48 21453 62 e Br- r3 ,y1J• 21412 100 ?oe. ' 2,458 21413 81 7 2' 21429 -35 21432 34 501 12084 2,459 .ti 13C ‘.t:.:-" 1 "--1 24416 24413 24:14 24401 2443? 1 24438 h 43 39 28 31 C 23 t� .aq 88-971 88.97 1 1 :....... LEGEND Benefitted Sewer Area Reimbursable Non -Reimbursable BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /--- For �For Meeting Of 8/25/92 ITEM TITLE: Resolution authorizing the execution of a Sewer Main Reimbursable Agreement/Clyde Bremerman SUBMITTED BY: Department of Engineering & Utilities CONTACT PERSON/TELEPHONE: Dennis Covell, Director of Engineering & Utilities 575-6161 SUMMARY EXPLANATION: A sewer main was installed to provide service to existing residential property. All costs of the sewer line were paid by Clyde Bremerman. The Sewer Reimbursable Agreement in compliance with RCW is the means by which Clyde Bremerman may recover a portion of the construction costs. Resolution X Ordinance _ Contract X Other (Specify)Agreement/Letter of Understandina Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends City Council approval of the attached agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Legal/BD Agenda C. Bremerman