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HomeMy WebLinkAbout000137 Original ContractoFiled 53t the request of City of Port Angeles P.U. Box 1150 Pprt Angeles, WA 98362 701735z, Preliminary Final 4 FEB 25 A =M E ibit A CLALLAh 4.,k.iA t, isrr sA BYt NOTICE OF DEVELOPER REIMBURSEMENT AGREEMENT AND CHARGE City of Port Angeles, Washington NOTICE IS HEREBY GIVEN pursuant to the Developer Reimbursement Ordinance, Chapter 13.68 of the Port Angeles Municipal Code, a copy of which is attached hereto as Exhibit C. The City. of Port Angeles, Washington, is levying a charge on property which is located within the assessment reimbursement area identified in the attached Exhibit F and which is served by the water, sewer, storm . sewer and /or street system improvements constructed and paid for by a private developer, the description and cost of which improvements are set forth in the attached Exhibit D. This charge is for the purpose of reimbursing the developer who constructed the improvements and shall be in force and effect for fifteen years from the date of recording said Developer Reimbursement Agreement with the Clallam County Auditor; provided that, if the developer is reimbursed for the cost of the improvements prior to the expiration of the fifteen-year period, then further developer reimbursement charges and payments shall not be made. The amount of the charge is based on the fair pro-rata share of the cost for each parcel served by the improvements and is calculated and set forth, together with the rate of interest and administration costs, in the attached Exhibit F. This charge shall be paid to the City prior to any development of property within the assessment reimbursement area identified in Exhibit E, which development requires connection to, or use of, said improvements pursuant to City ordinances. Owners of property within said area shall have all rights and options set forth in the Developer Reimbursement Ordinance including the right to request a public hearing with regard to the area boundaries and assessments, before the City Council within twenty days of the mailing of the preliminary version of this notice. - 1 - City of Port Angeles Record #000137 VOL 1044 PAcr115 Exhibit A Upon final approval of the developer reimbursement agreement and charge and the assessment reimbursement area, the final version of this notice will be filed for record, together with the developer reimbursement agreement attached hereto as Exhibit B, in accordance with the provisions of Chapters 35.72, 35.91 and 65.08 of the Revised Code of Washington. DATED this 16th day of February, 1994. ATTEST: Exhibit A - Notice of Developer Reimbursement Agreement and Charge Exhibit B - Developer Reimbursement Agreement Exhibit C - Developer Reimbursement Ordinance Exhibit D - Description and Cost of Improvements Exhibit E - Assessment Reimbursement Area Exhibit F - Calculation of Developer Reimbursement Charge 9302Dev -- 2 - PW -192 VOL 1044 P4cE 116 EXHIBIT B DEVELOPER REIMBURSEMENT AGREEMENT THIS AGREEMENT is entered into this 16thday of February 199 4, by and . between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the "CITY" and Janice S. Andrew and Norman A. Rockford , their heirs, successors, and assigns, hereinafter called "OWNER ". WHEREAS, OWNER has constructed at its own cost and expense certain municipal water, sewer, storm sewer, and /or street system improvements; and WHEREAS, the CITY has established an assessment reimbursement area within which owners of property are required to reimburse OWNER. for the pro rata cost of said improvements whenever such property is developed in a manner that said improvements would be required pursuant to City ordinances; and WHEREAS, OWNER has offered and the CITY has accepted said improvements in accordance with the provisions of Chapter 13.68 PAMC and the terms of this Agreement; now, therefore, In consideration of the above representations and the following covenants and agreements, the parties hereby agree as follows: Section 1. This Agreement and the City's Development Reim- bursement Ordinance, Chapter 13.68 PAMC, a copy of which is attached hereto as Exhibit C, shall establish the rights and duties of the parties with regard to reimbursing the OWNER for those improvements, the cost and description of which is set forth in the attached Exhibit D. Section 2. This Agreement shall be in effect for a period of fifteen years from the date of its recording with the Clallam County Auditor; provided that, if the developer is reimbursed for the cost of the improvements prior to the expiration of the fiftenn -year period, then further developer reimbursement charges and payments shall not be made. Section 3. The charges that are subject to this Agreement shall be levied against the property within the assessment reimbursement area identified in the attached Exhibit E, in the amount calculated and set forth. in the attached Exhibit F. Section 4. OWNER agrees that the CITY shall not be responsible for the collection of any developer reimbursement charges other than in the manner provided by the Developer Reimbursement Ordinance. Section 5. OWNER shall give notice to property owners who are subject to the developer reimbursement charge in accordance with the.procedures of Chapter 13.68 PAMC using the Notice form attached hereto as Exhibit A. - 1 - VOL 1044 AGE 117 Section 13. OWNER acknowledges and agrees that the referenced developer reimbursement charges calculated in Exhibit F are estimates. OWNER further acknowledges and agrees that there is no guarantee that said charges will be paid or accrued during the period of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF PORT ANGELES CITY GINE ATTEST: APPROVED AS TO FORM: CITY 4TORNEY STATE OF WASHINGTON) County of Clallam ) ss. ) OWNER On this date, before me the undersigned Nota Publc in apd fro the S Washington, personally appeared A4 e, ,ZU' °r , to me wn to be the dividuals wpj executed the foregoing Developer Reimbursement „„Agreement and acknowledged to me that they signed the same r7; ( -,�s •, and contents therein mentioned. e f a ATED S.. this /4a, day ofd 44.c� R , 199 '27 NOTARY PUBLIC or Washing 0n, residing at. \, 4-c My commission expire : 7 ,/ for the Sialibit A - Notice of Developer Reimbursement Agreement and Charge Exhibit B - Developer Reimbursement Agreement Exhibit C - Developer Reimbursement Ordinance Exhibit D - Description and Cost of Improvements Exhibit E - Assessment Reimbursement Area Exhibit F - Calculation of Developer Reimbursement Charge PW!93 - 3 VOL 1044 PACE 119 EXHIBIT C ORDINANCE NO. 2732 AN ORDINANCE of the City of Port Angeles, Washington, establishing procedures and regulations for entering into developer reimbursement agreements and establishing assessment reimbursement areas for water, sewer, storm sewer and street system improvements, amending Ordinance 1881, and creating a new Chapter 13.68 of the Port Angeles Municipal Code. WHEREAS, pursuant to Chapters 35.72 and 35.91 RCW, the 'City is authorized to contract with developers for the :construction of water, sewer, storm sewer and street system improvements, which contracts may provide for reimbursement to 'the developers of a portion of the cost of such improvements by :owners of property within areas benefitted by such improvements; and WHEREAS, the City Council has determined that under :appropriate circumstances it will promote the health, safety, and general welfare of the citizens of Port Angeles to enter into 'such agreements and establish such assessment reimbursement areas and that rules and procedures should be specified for doing so; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1 - Purpose . The purpose of this Developer Reimbursement Ordinance is to define the rules and regulations for executing contracts between the City and developers for private construction of municipal water, sewer, storm sewer and street system improvements by providing means for partial cost recovery through a charge to later users of the systems who did not contribute to the capital costs thereof and for establishing assessment reimbursement areas defining which property is subject to such charges. Section 2 - Definitions . The following definitions shall apply to this Ordinance: - 1 - VOI. 1044PR6t12O F. EXHIBIT C acquisition of right -of -way and /or easements, design, inspection, grading, paving, installation of curbs, gutters, sidewalks, street lighting, traffic control devices and other similar improvements in accordance with City standards. "Water. Sewer. and Storm Sewer System Improvements or Facilities " means the acquisition of right -of -way and /or easements, design, inspection and installation of improvements to City standards and includes the following: 1. "Water system improvements" includes such things as reservoirs, wells, mains and appurtenances such as valves, fire hydrants, telemetry stations, pumping stations, and pressure reducing stations; 2. "Sewer system improvements" includes such things as treatment plants, mains and manholes, pump stations, force mains, and telemetry stations; 3. "Storm sewer system improvements" includes such things as mains, retention /detention facilities, pumping stations, inlets, catch basins, and manholes. Section 3 - Application for Developer Reimbursement Agreement . A. Any property owner, who uses private funds to construct water, sewer, storm sewer and /or street system improvements where the cost of construction is greater than four thousand dollars ($4,000), said limit to be adjusted annually in accordance with the ENR (Engineering News - Record) Index, in the City or within the City's utility service area, to connect to existing City water, sewer, storm sewer or street systems for the purpose of serving the area in which the real property of such owner is located, may apply to the City to establish a developer reimbursement agreement in order to recover a pro rata share of the costs from subsequent users of the system(s). -- 3 - voL 1044 PAGE 122 EXHIBIT C if such are located outside the City limits and any such improvements must be located no further than 10 miles outside the City. The application must Ordinance section 4 The City comply with the requirements of this and all other applicable City ordinances. - - Assessment Reimbursement Area and Charcie. Engineer shall formulate an assessment reimbursement area (benefit area) based on the following: 1. For water, sewer and storm sewer systems The assessment reimbursement area shall be based upon a determination of which parcels did not contribute to the original cost of the utility system improvement(s) and are located so that they may subsequently be served by or use such improvement(s), including through laterals or branches connecting thereto. 2. For street systems The assessment reimbursement area shall be based upon a determination of which parcels adjacent to the improvements would require similar street improvements upon development. The City Engineer will determine the assessments or charges for parcels within the assessment reimbursement area by calculating the fair pro -rata share of the cost of construction for each property which might tap, connect or be served by the system(s), determined on an acre, front footage, equivalent water meter, or other equitable basis. A notice containing the assessment reimbursement area boundaries, the preliminary assessments or charges, and a description of the property owner's rights and options under this Ordinance, including the right to request a public hearing before the City Council with regard to the area boundaries and assessments, will be forwarded by registered mail to the property owners of record as shown on the records of the Clallam County Assessor within the proposed assessment reimbursement area. If any property owner requests a hearing in writing - 5 - VOL 1O44 PACE 124 D. E. EXHIBIT C and notice. The applicant shall mail a copy of the agreement and notice to each owner of record of all properties subject to the developer reimbursement charge. The applicant shall provide a notarized affidavit that the applicant has mailed the agreement and notice. Once the agreement and notice are recorded and mailed, the developer reimbursement agreement and charge shall be binding on all owners reimbursement area. Section 6 - Rights and of record within the assessment Non - liability of City. The City reserves the right to refuse to enter into any developer reimbursement agreement or to reject any application thereof. All applicants for developer reimbursement agreements shall be deemed to release and waive any claims for any liability of the City in the establishment and enforcement of such agreements. The City shall not be responsible for locating any beneficiary or survivor entitled to benefits under developer reimbursement agreements. Any collected funds not claimed by a developer prior to the expiration of a developer reimbursement agreement shall inure to the benefit of the appropriate utility and /or fund approved by the City Council. Section 7 - Term of Developer Reimbursement Agreements. No developer reimbursement agreement shall extend for longer than fifteen years from the date of final acceptance by the City. Section 8 - ownership of Systems. a period A. Upon approval of a developer reimbursement agreement and the completion and acceptance of construction, the system(s) shall become the property of the City. The City may charge and receive fees for utility system use according to the City's established rates. - 7 - VOL 1044 PAGE 126 EXHIBIT C Whenever any tap or connection is made into any water, sewer and /or storm sewer system(s) without payment being made as required by this ordinance, the City Engineer may cause to be removed such unauthorized tap or connection and all connecting pipe located in the City right of way without any liability to the City or City officials. Section 12 - nterest on Develo er Reimbursement Char e. A. The beneficiary of a developer reimbursement agreement will receive interest in accordance with the terms of this Section. B. If the charge is paid within thirty(30) days from the date of execution of the agreement, no interest is payable. Otherwise, interest is payable from the date of execution of the agreement to the date of payment of the developer reimbursement charge. C. The rate of interest will be the rate payable on LID warrants at the time the City signs the developer reimbursement agreement. D. Interest is calculated on the basis of a three- hundred- sixty -five (365) day year and is not compounded. E. Total interest payable may not exceed the principal amount of the developer reimbursement charge. Section 13 - Administration Costs. The City shall add five (5) percent, but not less than twenty (20) dollars nor more than five hundred (500) dollars, to each developer reimbursement charge as reimbursement for the City's administration costs. Section 14 - Pa ants of Develo er Reimbursement Char e. A. Each payment of the developer reimbursement charge shall be made to the City in one lump sum including interest and administrative costs. The City will pay over the amounts due to the beneficiary within sixty (60) days of receipt. - 9 - VOL 1044 PACE 128 them. EXHIBIT C The developer oha11 in-fe m the City amount equal to his unrccevered Beets invelvcd linc, and ohall be at the case of the develeper. Section 17 - Severability Clause. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 18 - Effective Date. This ordinance shall take effect five days after the date of publication by summary. VOL 1044PAGE130 EXHIBIT D DEVELOPER REIMBURSEMENT AGREEMENT, D.R.A. 93 -02 GRAVITY WASTEWATER MAIN WEST 11TH ST., 'I' TO PUMP STATION February 16, 1994 DESCRIPTION AND COST OF IMPROVEMENTS DESCRIPTION OF IMPROVEMENTS The improvements covered by this developer reimbursement agreement include the construction of an 8 inch gravity wastewater main and appurtenant facilities to serve the area as outlined on Exhibit E. The improvements include construction of an 8 inch sewer main, manholes, and connection to the pumping station. The service laterals are not included in the developer reimbursement agreement since they were not constructed for all lots in the area served. COST OF IMPROVEMENTS Documentation supporting the final engineering, inspection and cost of improvements has been provided by the developer. These costs have been reviewed and approved by the City Engineer. A summary of final costs follows: Engineering $ 1,373.00 Construction 34,780.53 Inspection /Testing 544.55 The final costs for the developer reimbursement agreement are based on actual engineering, construction, and inspection costs. 9302DRAMD TOTAL $36,698.08 VOL 1044 PAGE 132 AII■11 A.4202•2. VOL �v..- PACE .!. EXHIBIT F DEVELOPER REIMBURSEMENT AGREEMENT, D.R.A. 93 -02 GRAVITY WASTEWATER MAIN WEST 11TH ST., "I" TO PUMP STATION February 16, 1994 DEVELOPER REIMBURSEMENT CHARGE ENGINEERING $ 1,373.00 CONSTRUCTION 34,780.53 CITY INSPECTION AND TESTING 544.55 TOTAL $36,698.08 The developer reimbursement fee for construction of the 8" gravity wastewater main will be based on the number of parcels in the benefitted area (56). Distributing the costs equally between the above results in a developer reimbursement fee of $655.32 per parcel. At the time of payment, interest (5.40% per year) and administration costs (5 %) in accordance with the ordinance will be added at the time of payment. All parcels in the latecomer area will be assessed accordingly upon request for service. Any parcels outside the original latecomer area which connect to the gravity sewer system will be assessed using the above fees per parcel. 9302DRA.EXF VOL 1044 PACE 134 RETURN ADDRESS: City of Port Angeles P.O. Box 1150 Port Angeles, WA. 98362 !gig! 11111!! FILED FOR REC.*0 A : ;HI;: gk.00E JP IZCORDtti 1tf U :c." ... ,l',LL,\ co 2004 EP 10 AM 9: 13 DOCUMENT TITLE: CERTIFICATION OF PAYMENT & RELEASE CITY OF PORT ANGELES DEVELOPER REIMBURSEMENT 93 -01 AND 93 -02 STREET ADDRESS: 1831 West 13th Street ASSESSOR'S PROPERTY TAX PARCEL / ACCOUNT NUMBER Lot 13, Block 362, If 0630000362600000 CERTIFICATION OF PAYMENT AND RELEASE for CITY OF PORT ANGELES DEVELOPER REIMBURSEMENT 93 -01 and 93-02 Payment to the City of Port Angeles, Washington is hereby acknowledged of the D.R.A. 93- 01 (11/12 Alley & "M" Sewer Pump Station) and D.R.A. 93 -02 (Gravity Wastewater Main, 11t Street, `I' To Pump Station) connection charge levied on and applicable to the following described real properties situated in the City of Port Angeles, County of Clallam, State of Washington: Lot 13, Block 362 0630000362600000 1831 West 13°' Street and said property is hereby released from farther obligation for the D.R.A. 93 -01 and D.R.A. 93-02 sewer connection charge. Dated this day of , 2004. beputy Direct of Engineering Services / City Engineer ATTEST: y Clerk