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HomeMy WebLinkAbout97-050RESOLUTION NO. 97 - ~'C:) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AUTHORIZING A LATECOMER UTILITY CONTRACT PURSUANT TO RCW CHAPTER 35.91 AND PTMC CHAPTER 13.28 WHEREAS, Andrew and Linda Kanas have constructed or caused to be constructed an 8-inch water line in 30th Street between Sheridan Street and Cleveland Street within the service area of the City of Port Townsend in Jefferson County, Washington; and WHEREAS, Andrew and Linda Kanas wish to enter into an Agreement with the City of Port Townsend, pursuant to RCW Chapter 35.91, as amendedl ~qd PTMC Chapter 13.28, to provide for partial reimbursement of the costs of such improvemen[ by subsequent users or connectors to the line; and WHEREAS,. Notice has been ::,rovided in writing to the owners of property within the benefit reimbursement area and no appeal has been filed within the period specified in the notice, NO W THEREFORE Be it resolved by the City Council of the City of Port Townsend tiqat the Maycr ~s hereby authorized to execute on behalf of the City an agreement providing for the partial reimbursement of the costs of construction of the utility line by the person(s) named herein through payments from subsequent users or connectors to said utii',ty line. Adopted by the City Council of the City of Port Townsend and signed by the Mayor this 21st day of April, 1997. ~)a~mel~ Kolacy, C~ty Clerk MayoY"J~ lie McCulioch _ -- A PPR OVE~D~A..~0FORM: ~-~d~.~'l~Mc'l~a--~an, City AttorneY' ' C:\DM\LATECOMR, NEV~WTR\CNCLRES\CNCLRES.KN S AFTER RECORDING RETURN TO: Public Works Department 5210 Kuhn Street Port Townsend WA 98368 Abbreviated legal description: Lots 7-12, BIk 44, Dundee Place and Lots 1-5, elk 22, Hastings 3rd (complete legal description is on page 2 of this document) Affects Assessor's Tax Parcel Nos. 948004404; 948004405; 948404406; 957902201; 957902202 LATECOMER AGREEMENT: WATER LINE This Agreement is made this 21st day of April, 1997, by and between Andrew Kanas a?.d Linda Kanas, 3030 Cleveland Str.-=et, Port Townsend WA 98368, referred to as "Contractor" for convenience, and the City of Por~ Townsend, a Washington municipal corporation and statutor~ city of the second class, referred to as "City" for convenience. As required by the City, Contractor h~,s constructed'or caused to be constructed an 8-inch water line and related facilities ("the utility line") connected to the City's water distribution system in order to eYtend service to the area in which Contractor's real property is located. ~ he c,);~structioc, of the uttllty line i~¥ Co,~it[actor will provide a benefit to certain u~.r,er real property not owned by Contractcr in the area of the utility line that is adjacent to or likely to require a connection to the utility !ice m order to be developed. Contractor and the City desire to enter into an Agreement, pursuant to RCW 35.91, as amended, and PTMC Chapter 13.28, to partially reimburse Contractor for the costs of constructing the utility line. PTMC Chapter 13.28 is incorporated herein by this reference. Now, therefore, Contractor and the City agree as follows: 1. UTILITY LINE DESCRIBED. The utility line constructed by Centractor is 420 feet in length beginning at its connection to the City's existing water system at the Northeast comer of the intersection of Sheridan Street (as dedicated in the plat of Dundee Place) and 30th Street and then running in an Easterly direction in the right-of-way for 30th Street to Cleveland Street and then in a Northerly direction in the right-of-way for Cleveland Street within the water service area of the City of Port Townsend. 2. REIMBURSEMENT OBLIGATION.. Until the expiration of this Agreement, Contractor and the authorized assigns of Contractor shall be reimbursed by the owner of real property with~ the benefit reimbursement area described herein that is subsequently connected to or uses the utility line; a parcel that is not included in the benefit reimbursement area may not connect to the utility line. 3. TERM; MODIFICATION. This Agreement shall be in effect for 15 years from the date first set forth above, or until such time as Contractor has received all reimbursements to which Contractor is entitled by this Agreement, whichever shall first occur. If'the City Public Works Director determines that alt or any portion of the utility line is rendered useless by reason of redesign or reconstruction, then the City's obligation to collect reimbursements pursuant to this Agreement shall terminate to the extent of such determination. 4. LIMITATIONS. Extensions of the utility line are not subject to the reimbursement provisions of this Agreement. The reimbursement provisions of this Agreement do not apply to any real prOperty along the utility line purchased from Contractor after construction 'of the utility line. If two or more adjoining parcels within the benefit reimbursement area are under the same ownership, and a connection or use of the utility line benefits improvements legally situated entirely within the boundaries of less than all SuCh adjoining parcels, the reimbursement amount shall be calculated based on the parcel(s) within which the [mprovernents are situated. 5. BENEFIT REIMBURSEMENT AREA: AMOUNTS. In accordance With PTMC 13.28.070, a benefit reimbursement area has been determined to inclUde the following parcels of real property, each of which is subject to the indicated latecomer reimbursement amount: A. Lots 7 through 12 in Block 44 of the plat of Dundee Place, as per plat recorded in Volume 2 of Plats, page 52, records of Jefferson County, Washington. B. Lots 1 through 5 in BlOCk 22 of Hastings 3rd Addition to the City of Port Townsend, as per plat recorded in Volume 1 of Plats, page 55, records of Jefferson County, Washington. The reimbursement amount for the foregoing is to be calculated at the rate of $10:54 per front' foOt; The amounts set forth above are subject to an administrative surcharge, payable to the City by the connecting property owner pursuant to PTMC 13.28.130B. Unless otherwise specified in this Agreement, the amount of such surcharge is 10% of the reimbursement amount, or $20.00, whichever is greater. 6. CERTIFICATE OF PAYMENT. Upon request, the City shall provide a certificate of payment to an owner of a parcel of real property for which the payment due pursuant to this Agreement has been received bY the City; the certificate may be recorded at the owner'S expense. 7. EFFECTIVENESS. The proVisiOns of this Agreement shall not be effeCtiveWith respect. t° anyowner of real property other than Contractor unless this Agreement has been recorded in the office of the Jefferson County Auditor prior to the time there is a connecf, ion to or'use of tt-,e Utility line by an'Owner'of real'prOPerty other than Contractor. 8. ACCEPTANCE; CONTRACTOR'S WARRANTY. Upon completion of the utility line by Contractor, the City may approve the construction in writing and thereby accept the utility line as a facility of the City. To be accepted, the utility line must conform to all applicable specifications, standards, regulations, laws and ordinances. As a condition of acceptance, Contractor shall warrant that the utility line is fit for use as part of the City's water distribution system. For the period of 1 year measured from the date of acceptance, Contractor shall remain responsible for all work found to be defective. Subject to the foregoing, the City shall bear all maintenance and operation costs of the utility line from and after the date of acceptance. In consideration of the benefits to be derived from City utility service, and in further consideration of the terms and conditions of this Agreement, Contractor agrees to execute and deliver to the City such documents as may be necessary to transfer ownership of the utility line to the City upon acceptance. 9. UTILITY CHARGES. From and after the date the utility line is put into service, the City shall charge for its use such rates and charges as the City may by law be authorized to establish. Billing for utility charges attributable to the utility line may not be deemed or construed to constitute acceptance of the utility line by the City. 10. INDEMNIFICATION; HOLD HARMLESS. If any lien against the utility line is asserted after its acceptance by the City and the basis for such lien arose on or prior to the date of acceptance, Contractor shall indemnify and save harmless the City from any loss on account thereof. During construction of the utility line and for the duration of the 1 .year warranty pedod described above, Contractor shall indemnify, defend and hold harmless the City from any and all liability, claims and costs, including but not limited to reasonable fees~for legal services, arising directly or indirectly out of the construction or use of the utility line. If the City incurs any LATECOMER AGREEMENT Page 2 expense in defense against any such lien or claim, or in taking any other action that is required of Contractor under this Agreement, the City shall have a lien in the full amount thereof against any funds then or thereafter collected by the City pursuant to this Agreement. 11. ~ No person or legal entity may be granted a permit or othc:!?wise be authorized to connect to the utility line during the term of this Agreement without first paying to the City, in addition to any and all other costs and charges made or assessed for such connection or for any other utility line or facility constructed in connection therewith, the amount set forth in this Agreement. If any connection is made to the utility line without such payment having first been made to the City, the City may remove or cause to be removed such unauthorized connection and all connected tile or pipe located in the public right-of-way, and dispose of such materials so removed without any liability whatsoever. 12. PAYMENT TRANSMITTAL. Payments received by the City pursuant to this Agreement shall be transmitted to Contractor by Certified Mail at the address furnished by Contractor within 60 days of receipt, less the administrative surcharge authorized by PTMC 13.28.130B. It is the reSPonsibility of Contractor to advise the City of any change in Contractor's mailing address at all times during the term of this Agreement. Payments returned to the City unclaimed shall be held for 6 months and then deposited in the maintenance fund of the relevant utility, or as allowed by applicable. If there is a valid assignment or transfer of Contractor's rights, whether voluntary or involuntary, the City shall thereafter pay any benefits accruing, after notice, to the successor of Contractor. 13. BINDING EFFECT. This Agreement shall be binding upon Contractor, Contractor's heirs, personal representatives, successors in interest and assigns, and the successors in interest and assigns of the City. 14. CREATION OF LIEN. The terms and conditions contained in this Agreement constitute covenants running with the land. The amount of any payment due pursuant to this Agreement until fully paid shall be a lien against the real property connected to the utility line and such lien shall have priority over all other liens and encumbrances except liens for taxes or special assessments imposed by governmental authority. 15. GENERAL PROVISIONS. This Agreement shall be governed by the laws of the State of Washington. Venue for any legal action regarding this Agreement shall be Jefferson County. If any term or provision of this Agreement is in whole or in part held to be invalid or unenforceable by any Court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and shall continue in full force and effect. The failure of the City to take action to enforce any term or condition of this Agreement in any particular instance shall not be deemed or construed to be a waiver of the dght of the City to take such action in the future. IN WITNESS WHEREOF, Corltractor and the City have signed this Agreement as of the date first appearing above. CONTRACTOR Andrew Kanas CITY OF PORT TOWNSEND Mayor~ McCulloch' - Linda Kanas Pamela Kolacy City Clerk Approved as~fo ~r[n: ~imat~'~. M~:-~ahan City Attorney LATECOMER AGREEMENT Page 3