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HomeMy WebLinkAboutR-1994-101 Water Utility System Reimbursement Agreement411 RESOLUTION NO. R-94 101 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Water Utility System Reimbursement Agreement and Conveyance between the City of Yakima and Tandem Construction, Inc. WHEREAS, Tandem Construction, Inc., in reliance on potential reimbursement pursuant to RCW 35 91 020, installed certain water lines and appurtenances thereto and connected same to the City's water utility system so that such improvements constitute an integral part thereof; and WHEREAS, Tandem Construction, Inc paid all the costs and expenses for installation of said improvements; and WHEREAS, no other property owners or users were available to share in the cost and expense of construction of said improvements, and WHEREAS, the City and Tandem Construction, Inc agree that the construction and installation of said improvements is in the public interest and in furtherance of public health and sanitation, and WHEREAS, it is in the best interest of the City to enter into a Water Utilit) System Reimbursement Agreement and Conveyance with Tandem Construction, Inc according to the terms of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Water Utility System Reimbursement Agreement and Conveyance with Tandem Construction, Inc. ADOPTED BY THE CITY COUNCIL this 19th day of July , 1994 ATTEST c me, City Clerk !ls)res/wtr reimburse pm Mayor (Lys/ WATER UTILITY SYSTEM Os'` EURSEMENT AGREEMENT AND CONVEYANCE ‘P' THIS AGREEMENT is made and entered into this ,23 'day of- u s 19� ; by and between the City of Yakima, a municipal corporation located in Yakima County, Washington, herein referred to as "City," and Tandem Construction, Inc., herein referred to as "Developer." WHEREAS, the Developer, in reliance on potential reimbursement pursuant to RCW 35.91.020, installed certain water lines and appurtenances thereto at, near, or within the below -described property and connected same to the City's water utility system so that such improvements constitute an integral part thereof; and C WHEREAS, the Developer paid all the costs and expenses for the installation of said improvements; and CD C�? 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 35.91.020; and WHEREAS, the City and Developer agree the construction and installation of said improvements is in the public interest and in furtherance of public health and sanitation; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Developer as follows: 1. Property Owned by Developer. The Developer represents that it is the owner of the following -described property: Lot 1, Short Plat 89-1 (Assessor's Parcel Number 181335-21423) Lot 2, Short Plat 89-1 (Assessor's Parcel Number 181335-21428) Lot 3, Short Plat 89-1 (Assessor's Parcel Number 181335-21429) Lot 4, Short Plat 89-1 (Assessor's Parcel Number 181335-21426) Page 1 of 4 (1s)agr/wtr reimburse pm O 71452 1312 2. Water Utility System Improvements. The following -described water utility system improvements were installed by the Developer in connection with the above-described property: An eight (8) inch public water main extension on South 27th Avenue from the south line of Suncrest Addition south to Racquet Lane, a distance of approximately six hundred fifty (650) feet. The Developer certifies that the total cost of said improvement construction is Nineteen Thousand, One Hundred Eighty -Five Dollars and Eighty -Nine Cents ($19,185.89). 3. Compliance with Applicable Codes/Regulations. The Developer represents that said water utility system improvements comply with all applicable codes and regulations of the City of Yakima. The Developer agrees that said water utility system improvements and all facilities operated by the Developer pursuant to this Agreement are subject to all City codes, ordinances, and regulations regarding utility facilities in general, as now or hereafter adopted. 4. Payment of Labor/Material Expenses. 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. Developer will defend, indemnify, and hold the City harmless from any and all liability in connection therewith. 5. Reimbursement for Improvements. The legal description of the property affected by this Agreement and a map outlining the land affected by such additional charges per the terms of this Agreement are contained in Exhibit "A," which is attached and hereby incorporated into this Agreement. The total cost of said water utility system improvement shall be utilized to determined the pro -rata reimbursement to the Developer by any owner of real estate, who did not contribute to the original cost of said improvement, and who subsequently wishes to tap on or connect to said improvement, all subject to the laws and ordinances of the City of Yakima, the State of Washington, and the provisions of this Agreement. The pro -rata per front lineal foot is Fourteen Dollars and Seventy -Six Cents ($14.76); provided that in no event shall the Developer be reimbursed for an amount greater than Fourteen Thousand, Six Hundred Twelve Dollars ($14,612.00). No person, firm, corporation, or other entity shall be granted a permit or be authorized to tap into the facility for water service during a period of fifteen (15) years from the date this Agreement is recorded pursuant to Section 9, 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 facility constructed in Page 2 of 4 (is)agr/wtr reimburse.pm 'vo 1452 1313 connection therewith, the amount required by the provisions of this Agreement except such charges shall not apply to any extension of the main facility. All amounts so received by the City shall be paid to the Developer under the terms of this Agreement within thirty (30) days after receipt thereof. Upon expiration of the aforementioned fifteen (15) year term, the City shall be under no further obligation to collect or make any further payments to the Developer for said improvements. The Decision of the City Engineer or his authorized representative in determining or computing the amount due from any benefited owner/party who wishes to hook up to said improvements, shall be final and conclusive in all respects. 6. Conveyance of Improvements to City. After inspection and approval of said water system utility improvements by the City Engineer and acceptance by the Yakima City Council, the improvements shall be part of the City of Yakima water utility system. The Developer agrees to convey, transfer, and assign the City all right, interest, title in and to said improvements and appurtenances and accessories thereto, free from any and all claims and encumbrances of any party whomsoever. The Developer will deliver to the City any and all documents including quit claim deeds and bills of sale that may reasonably be necessary to fully vest title in the City. After conveyance, the Developer shall pay to the City such service fees or other charges that are or may be imposed by ordinance of the City of Yakima to like users of the same class. 7. Guarantee. The Developer guarantees workmanship in and materials of said water utility system improvements for a period of one (1) year after the City's acceptance of the facilities. The Developer further warrants that said improvements are fit for use as part of the City water utility system. Developer agrees to defend, indemnify, and hold harmless the City from any and all liability claimed by a third party due to faulty workmanship and materials within the aforementioned one (1) year guarantee period. 8. Extension/Addition. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made, extensions or additions to said improvements and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 9. Recordation. This Agreement shall be recorded by the City Clerk with the Auditor of each county in which any of the benefited property is situated, and shall remain in full force and effect for a period of fifteen (15) years after the date of such recording, or until the Developer, or its successors or assigns, is 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 water system facilities, such determination of uselessness to be in Page 3 of 4 (1s)agr/wtr reimburse.pm 70 1452 1314 the absolute judgment of the City Engineer, then the City's collection obligation pursuant to this agreement shall cease. DATED this o232day of At, Gr.s , 19� CITY OF YAKIMA, WASHINGTON By: DEVELOPER TANDEM ' -.1 UCTION, INC. i By: % ,‘' Dick Zais, City Manager vI llingsworth and/or John C. Wilde ATTEST:'. `t, Its: S &GR,E-r A\ (Z,( ''CitycClerk T C ^VTRACT 140 Cl C_! §10_0_\_-(7 L/-10 i J STATE' WASI311VGTON ) = :ss. County of Yakima I certify that I know or have satisfactory evidence that Jo h £ . W r (dais the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was a thorized to execute the instrument and acknowledged it as the Sec r e �7 of Tandem Construction, Inc., a ik/� s ( •' o� corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: /h, 233 / �¢ Page 4 of 4 (1s)agr/wtr reimburse pr N • ° ' Y PUBLIC in and for the State_o Washington, residing at Y M commissionrexpires: //°/9 %, Rase voL 1452 1315 EXHIBIT A Properties benefiting from South 27th Avenue Watermain Extension, City Project No. 1137. Connection Rate: $14.76 per front lineal foot Parcel No. & Legal Description Yakima County Parcel 181335-21423 Legally described as Lot 1, Short Plat 89-1 Yakima County Parcel 181335-21428 Legally Described as Lot 2, Short Plat 89-1 Yakima County Parcel 181335-21429 Legally Described as Lot 3, Short Plat 89-1 Yakima County Parcel 181335-21426 Legally Described as Lot 4, Short Plat 89-1 Yakima County Parcel 181335-21009 Legally described as N 202.5 FT OF W 1/2 SW 1/4 NE 1/4 NW 1/4 EX W 25 FT CO. RD. Yakima County Parcel 181335-21010 Legally described as S 127.5 FT OF N 330 FT OF W 1/2 SW 1/4 NE 1/4 NW 1/4 EX W 25 FT CO. RD. Yakima County Parcel 181335-22009 Legally described as N 1/2 SE 1/4 NW 1/4 NW 1/4 EX E 25 FTCORD&EXW 92FTOFE 117FTOFS 140 FT & EX W 80 FT OF E 197 FT OF N 135 FT AND EXW80FTOFE 105 FTOFN 135 FT Reimbursable Amount -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) -0- (Property Owned by Developer) $2,989.00 $1,882.00 $ 812.00 Yakima County Parcel 181335-22010 Legally $2,066.00 Described as W 92 FT OF E 117 FT OF S 140 FT OF N 1/2 SE 1/4 NW 1/4 NW 1/4 17.1452 1316 Yakima County Parcel 181335-22012 Legally Described as W 80 FI' OF E 105 FT OF N 135 FT OF SE 1/4 NW 1/4 NW 1/4 $1,993.00 Yakima County Parcel 181335-22401 Legally $2,435.00 Described as SP H-9: Lot "1" PACD 12/84-209169- MCDONALD-FAIRBAIRN Yakima County Parcel 181335-22402 Legally $2,435.00 described as SP H-9: Lot "2" TOTAL REIMBURSABLE AMOUNT $14,612.00 vol. 1452 1317 TAND:M, INC. REIMBURSABLE AGREEMENT it 33 Scale • 1 : 200 0 TANDEM 100 I City of Yakima, Washington MR' June 27, 1994 lor 73i.1452 1318