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