HomeMy WebLinkAboutR-1993-078 Northwest Warehouse LeasingRESOLUTION NO. R-93 -78
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Northwest Ware-
house Leasing Company for the partial reimbursement of
construction cost for a water main extension.
WHEREAS, Northwest Warehouse Leasing Company has, in reliance on
potential reimbursement upon meeting qualifications under City policy,
installed a water main extension, and
WHEREAS, Northwest Warehouse Leasing Company 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 Northwest Warehouse
Leasing Company for reimbursement of costs 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 20th_ day of
July , 19 93 .
ATTEST:
�� )&0 -4 --OR
CITY CLERK
Ehgr. £ Vtil.
£NGRI/NN Lasing 1
REIMBURSEMENT AGREEMENT AND CONVEYANCE
RE: WATER UTILITY SYSTEM
THIS AGREEMENT made and entered into this a t.c' day of
, 1993 , by and between the CITY OF YAKIMA, a municipal
corpora ion located in Yakima County, Washington, hereinafter referred to
as "CITY" and Northwest Warehouse Leasing Company, hereafter referred to
as "DEVELOPER";
W ITNESSET 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 Parcels 181314-44493 and 181314-44494
The Developer installed the following described improvements in
September, 1991:
The line consists of 300' of 12" main; 640' of 8" main; and 18'
of 6" main to service two fire hydrants for a total of 958' of
mainline which loops one-half of Developer's complex.
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 was $30,385.89. 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
Engr. 6 ot31.
MICAS/NW Leasing 7
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 $15.86 per front lineal foot;;
provided, that in no event shall the Developer be reimbursed for an
amount greater than $3,393.89, 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 water 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
(9/30/91) 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 acceptance of the completed
project (9/30/91), 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
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ENGRZ/NW Leasing 8
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 DAY OF , 19 �'E J .
CITY OF YAKIMA, WASHINGTON,
a Municipal Corporation
ATTEST:
City Clerk
STATE OF WASHINGTON )
. ss
County of
BY
BY
City Manager
DEVELOPER
Don Brule'"
Northwest Warehouse Leasing Company
On this day personally appeared before me ,f(";/`i���'�',
, to me known to be the individual described in and
who executed the within and foregoing instrument, and acknowledged that
k.� signed the same as 7/f._ free and voluntary act and deed, for the
uses and purposes therein mentioned.
Given under my hand and official seal this
19 -) .
Engr. 6 Mil.
ENGRI/NWT Leasing 9
day of
Notary Pwblic iii and for the StateT,ofj
, residing at �{'f '/,7724fZ.
EXHIBIT A
Properties benefitting from Northwest Warehouse Leasing Company
Water Main Extension.
Connection Rate: $15.85 per front lineal foot
Parcel No. Amount
181314-44413
181314-44414
181314-44484
181314-44455
181314-44493
181314-44494
$824.67
$824.67
$824.67
$919.88
$-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:
Documentation confirming costs by reference made a
part of this Latecomer's Agreement filed at the City
Clerk's Office.
Emyr. & Dtii.
EA1cRI/ice► Leasing 12
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CITY OF YAKIMA, WASHINGTON
Information Services — GIS
44493
•
84
REQUEST: Water Reimbursable Agreement
SE 181314
LOCATION: NW Warehouse Leasing Company
•••••
• . . •
Sale . 1 : 2M
1 1111 2M
Non -Reimbursable
0 Reimbursable
Benefited Water Area
City Limits
06/28/93
LETTER OF UNDERSTANDING
Northwest Warehouse Leasing Company, referred to as the DEVELOPER installed a
Public Water System described as follows:
The line consists of 300' of 12" main; 640' of 8" main; and 18' of 6" main to
service two fire hydrants for a total of 958' of mainline which loops one-half of
Developer's complex.
The "Developer" hereby acknowledges that the immediate purpose of the water was to
serve the following described parcel(s):
Yakima County Parcels 181314-44493 and 181314-44494
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 $ 3,521.04
City of Yakima
Inspection Fees 1,236.75
Construction Costs 25.628.10
$30,385.89
The method of fair cost proration based on the above stated costs for future utility
connections is as follows:
$30,385.89 = 958 lineal feet = $31.71 x 112 = $15.86 per front lineal foot
The owner of real estate who did not contribute to the original cost of said described
utility improvement being City Project No.1466 and who subsequently tap onto the improvement
will be assessed a utility connection charge to the terms of the WATER REIMBURSABLE
AGREEMENT and in compliance with City dinance. The affected properties are legally
described in Exhibit A and indicated on the a achOd map.
f
Dated this vy ~°,. day of , 199
Engr. t Util.
ENGRI/PILI Leasing 10
DEVELOPER
STATE OF (t,' kfiCj)
: ss.
County of /./ ///t l
7/
I, the ups ersigned Notary Public, n and for the State and County, do hereby certify that
on this day ggf �Z� , 19 6!,2 , personally appeared before
me /W/3(,`, , to me known to be the,individual _ described in
and who executed the within instrument and acknowledged that J7(9 signed and sealed
the same as /4, free and voluntary act and deed for the uses and purposes therein mentioned.
/,
N • .lic in.an/for the State of k.',4`, residing at
Engr. ' Ut31.
EHGRZ/NW Leasing May 25, 1993
My commission expires: - 96,