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HomeMy WebLinkAbout000139 Original ContractFiled a,C the request of City of Port Angeles City of Part Angeles P.O. Box 1150 Record #000139 Port Angeles,, WA 98362 - I� .iii,{ ,'ti„.fkf'i- i,;t}. E%4i� A 94 10A 21 703056 �!iAfi" FinalY., NOTICE OF DEVELOPER REIMBURSEMENT AGREEMENT AND CHARGE q6- 03 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 d charge on property which is located within the assessment reimbursement area identified in the attached Exhibit E 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 day's of th�� mailing of the preliminary version of this notice.. - 1 - VOL 1047'PacE212 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 - _ day of r'JXX-RC-V-V , 1994. 4L4� CITY EN INEE 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 E - Calculation of Developer Reimbursement Charge DRA93--03 .� 2 _ PW -192 VOL 1047PAcE213 DEVELOPER REIMBURSEMENT AGREEMENT THIS AGREEMENT is entered into this 9th day of February, 1994, by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the "CITY" and J AND J KEY CONSTRUCTION, 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 Cla1lam 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. 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 1047PACE214 Section 6. The CITY shall within sixty (60) days of receipt transmit developer reimbursement payments, less the CITY admini- strative fee and cost of defective work, if any, to the OWNER. Section 7. OWNER represents and covenants that the necessary easements pertaining to these facilities have been submitted to and approved by the CITY and recorded concurrently with this Agreement and that such easements conform exactly to the as -built construc- tion drawings. Upon the execution of this Agreement by both parties hereto, OWNER shall convey free and clear of all encum- brances to the CITY the aforementioned facilities with rights-of-- way and/or easements, including maintenance easements, for all such facilities. Section 8. OWNER shall supply the CITY with a maintenance guarantee bond or equivalent acceptable to the CITY in the amount of ten (10) percent of the value of the improvements conveyed by the OWNER to the CITY to be in effect for a period of one year from the data of final acceptance of the improvements by the CITY. Said bond shall be executed by a surety company authorized to do business within the State of Washington and shall be subject to the approval of the CITY. Section 9. If prior to the expiration of one year after the date of acceptance of the improvements, any,work is found to be defective, the OWNER shall promptly, without cost to the CITY, and in accordance with written instructions issued by the City Engineer, either correct such defective work, or, if it has been rejected by the City Engineer, remove and replace it with non - defective work. If the OWNER does not promptly comply with the terms of such instructions, the CITY may have the defective work corrected or the rejected work removed and replaced and may enforce its rights under the maintenance guarantee bond. All direct and indirect costs of such removal and replacement not reimbursed pursuant to said bond, including compensation for professional services, shall at the City's option either be paid by the OWNER to the City and/or withheld from the developer reimbursement charge transmittals to the OWNER. Section 1.0. This Agreement shall become effective upon satis- factory completion by the OWNER and acceptance by the CITY of -the construction of the facilities conveyed by the OWNER to the CITY and upon execution of the Agreement by the parties and recording with the Clallam County Auditor. The OWNER shall test all portions and elements of the facilities as specified. by the CITY in order to demonstrate the satisfactory construction of the facilities. Section 11. OWNER agrees that the CITY will not be liable under any contracts to which OWNER is a party pertaining to the construction of the facilities. OWNER agrees to hold hartless, defend and indemnify the CITY from any obligations pertaining to such contracts or construction. Section 12. OWNER warrants that it has furnished the City with accurate bills of sale for all facilities pertaining to this Agreement. Vol.10`4! PAG12 15' - 2 - Section 1.3. 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 ENG NEE ATTEST: APPROVED AS TO FORM: CITY TORNEY STATE OF WASHINGTON) ) ss. County of Clallam ) e tN K 0 NOURYCA s pu9l.rc •yen z�•:�' : ®p ..... �,ia�+4o OWNER On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared J"phnir t5 f1 A. r_) , to me known to be the individuals who executed the foregoing Developer Reimbursement Agreement and acknowledged to me that they signed the same for the uses and contents therein mentioned. DATED this day of %� �} r 1994. NOTARY PUBLIC for Washington, residing at `M My commission ex s : ) CjC0 ERIN K AGN Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F DRAM.EXB -- Notice of Developer Reimbursement Agreement and Charge - Developer Reimbursement Agreement - Developer Reimbursement Ordinance Description and Cost of Improvements - Assessment Reimbursement Area Calculation of Developer Reimbursement Charge - 3 - PW -193 VOL 1047PACO216 gw�w,� � \ y 9, «� � f 3°/©� °2f - � _ .<saa� % _ �;. � > \ - EXHIBIT C ORDINANCE NO. 2732 AN ORDINANCE of the City of Port Angeles, II Washington, establishing procedures and regulations for entering into developer ! reimbursement agreements and establishing assessment reimbursement areas for water, '1 sewer, storm sewer and street system improvements, amending Ordinance 3.881, and creating a new Chapter 13.68 of the Port Angeles Municipal Code. WHEREAS, pursuant to Chapters 35.72 and 35.91 RCW, the l�City is authorized to contract with developers for the oconstruction of water, sewer, storm sewer and street system improvements, which contracts may provide for reimbursement to ;jthe developers of a portion of the cost of such improvements by i' ,!Owners of property within areas benefitted by such improvements; j 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 I ' such agreements and establish such assessment reimbursement areas 11 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 I - pLr�Sep . 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 latex 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 - o s The following definitions shall apply to this ordinance: — — VOL1uq i Pr,c[217 n 1 � A. "Assess=nt Reimbursement Area "o "Benefit Area" means that area within the City or within 10 m lat" city limits, which area includes parcels of real estate adjacent to, or likely to require connection to or service by, the water, sewer, storm sewer, and/or street system improvements constructed by a developer who has applied to the City for a developer reimbursement agreement pursuant to this ordinance. B. ," means those costs incurred for design, acquisition of right of way and/or easements, labor, materials and installation as required to create an improvement which complies with city standards. In the event of a disagreement between the City Engineer and the developer concerning the "cost of construction" in a particular situation, the determination of the Director of Public Works shall be final. .C. "Developer Reimbursement Agreement" means a written contract between the City, as approved and executed by the City Engineer, and one or more property owners providing for construction of water, sewer, storm, sewer and/or street system facilities- and for partial reimbursement to the party causing such improvements to be made of a portion of the costs of such improvements by owners of property benefitted by the improvements, as authorized and described in Chapters 35.72 and 35.91 D. "DevelaRer Reimbursement charge "or" AgsessMg means a fair pro rata charge to be paid by an owner of property within an area benefitted by the private construction of municipal water, sewer, storm sewer and/or street system improvements pursuant to this Ordinance. E. "Street System ove o ties" means the -2- VOL 10t_1Z7PAGf 218 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. andto sewer 5ystem Im2rov2M&nts _ ,r 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 - Developer Reimbursement e n A. Any property owner, who uses private funds to construct water, sewer, storm sewer andInr c�rnnt improvements where the cost of construction is greater than four thousand dollars ($4,000), said limit to be adjusted annually in accordance with the ENR (Engineering News -Record) Index, in the City or within the City's Utility service area, to connect to existing City water, sewer, storm sewer or street systems for the purpose of serving the area in which the real property of such owner is located, may apply to the City to establish a developer reimbursement agreement in order to recover a pro rata share of the costs from subsequent users of the system(s). - 3 - V011047w[7$ B. The application must be on a form prescr� City i Engineer and must be accompanied by a non-refundable application fee as established by resolution of the City Council. C. The City Engineer may require the applicant to submit a certified statement by a State of Washington licensed professional engineer containing an itemization of the total projected cost of the system improvements and a copy of the design drawings and specifications. D. The City Engineer is authorized to establish policies and procedures for P processing applications and determining eligibility of a system for a developer reimbursement agreement consistent with the requirements of this Ordinance. , E• Applicants for developer reimbursement agreements must be in compliance with all City ordinances, rules and regulations in order to be eligible for processing of such agreements. F. A developer reimbursement agreement application shall not be accepted for the improvement of a developer's abutting right-of-way and transitions as required pursuant to City ordinance. An exception may be allowed when vertical grade and alignment changes are required by the City Engineer to promote traffic safety and the City Engineer recommends a developer reimbursement agreement. G. The proposed improvements must be consistent with the comprehensive utility and/or transportation. plans of the { City. i H. The City must have the capability and capacity to service the water, sewer, storm sewer and/or street facilities. I. The applicant must agree to an annekat' ,� en r VOL `7: PAGE � ' the property to be served by the proposed improvements, EXHIBIT C if such are located outside the City limits and any such i improvements must be located no further than 10 miles I outside the City. J. The application must comply with the requirements of this ordinance and all other applicable City ordinances. A. The City Engineer shall formulate an assessment reimbursement area (benefit area) based on the following: I For klater, UNIX And stgrm sewer, svMtems The assessment reimbursement area shall be based upon a determination of which parcels did not contribute { to the original cost of the utility system improvements) 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 st The assessment reimbursement area shall be based upon a determination of which parcels adjacent to the improvements would require similar street improvements upon development. B. 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. C. 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 4' on the records of the Clallam County Assessor within the proposed assessment reimbursement area. D. If any property owner requests a hearing in writing — 5 — YA1104 f PAc[221 within twenty (20) days of the mailing o;XI4LP'hT6dce, a hearing shall be held before the City Council. Notice of such hearing shall be given to all affected property owners. E. All notice requirements set forth in this ordinance shall s be the sole responsibility of the applicant and shall be 'i satisfied by a notarized affidavit that the applicant has mailed the notices pursuant to the requirements set forth herein. F. After reviewing the public hearing testimony and the preliminary determination of the City Engineer, the City Council may approve, modify or reject the assessment reimbursement area and/or charges. The City council's determination shall be final. implementationSeption 5, v t Aargement. .A. upon approval of the developer reimbursement agreement and charges and establishment of the assessment reimbursement area, the applicant may begin construction of the improvements; provided, however, that all other applicable City ordinances have been complied with. Bo After the construction has been completed and accepted by the City in accordance with the terms of the developer reimbursement agreement, the final cost of the improvements shall be reviewed against the preliminary assessments established by the City Engineer and the agreement and charges shall be modified accordingly: Ce The developer reimbursement agreement and a notice of the agreement and charge shall be recorded in the Clallam County Auditor's office within thirty.days of the final execution of the agreement. it shall be the sole responsibility of the applicant to record the agreement EXHIBIT C and notice. The applicant shall mail a copy of the agreement and notice to each owner of record of all properties subject ii to the developer reimbursement charge. The applicant i� shall provide a notarized affidavit that the applicant E II has mailed the agreement and notice. Once the agreement and notice are recorded and mailed, i the developer reimbursement agreement and charge shall be I binding on all owners of record within the assessment II reimbursement area. I; section 6 =-Ziahts Ud-Non-liability of City.The City 11 reserves the right to refuse to enter into any developer ;;reimbursement agreement or to reject any application thereof. 'i :A11 applicants for developer reimbursement agreements shall be ldeemed to release and waive any claims for any liability of the City in the establishment and enforcement of such agreements. I'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. Sec - lermOf-DevelORer ReimbursementAgreements. 'No developer reimbursement agreement shall extend for a period ::longer than fifteen years from the date of final acceptance by ',the City. Section - OwneLshi of Systems. �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. 1.04 f PA 8. A copy of the engineering "as E�HWT C plans, specifications and drawings, including all necessary right of way and easement documents shall be provided to the city prior to acceptance of the water, sewer, storm 'I sewer and/or street facilities. �I IC. No connection to or other use of the facilities will be allowed or permitted until the City has officially accepted the construction. �I - The applicant shall be �jresponsible for all work found to be defective within one year :jafter the date of acceptance of the improvements by the City. IIThe applicant shall provide the City with a "Maintenance :jGuarantee Bond" or equivalent acceptable to the City in the ;amount of ten (10) percent of the value of the water, sewer, ;storm sewer and/or street system(s) to be in effect for a period ;Of -one (1) year from the date of final approval and acceptance of 'the system(s). If the applicant does not correct the work within .,a reasonable period after notice of the defect, the City shall be reimbursed for costs of correcting such defective work either by the applicant or by the bond proceeds. Sec ion 10 - e - a ent e A. Except as otherwise provided in Subsection 10 B, connection to or use of the system(s) shall be prohibited and development permission shall not be granted unless the City has received payment, or acceptable assurance of payment, of the developer reimbursement charge, including interest and administration costs. B. The City will exercise its best efforts to'assure compliance with this section; provided, however, that in no event shall the City incur liability for an unauthorized connection to or use of the facilities. section - Removal of UnauthorizeQ Connect' r or Tapsr. - a -- VOL .104 ! pnE 224 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. 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. S2ctiQn -1 os s. 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. $- p e t ofPevejoR=jReimburseme .0 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. N B. When the developer reimbursement fee for §WIJulear lot or parcel has been paid, at the request of the owner payor the City Engineer will approve a certification of payment which may be recorded by said owner. W ' C. Throughout the term of the agreement the beneficiary shall in writing certify annually in January the names (s) and address(es) of the beneficiary. The City is not responsible for locating any person who may be entitled to benefits under any agreement. Failure to receive the annual certification required under this subsection will give the city cause to refuse to make payment under the agreement, and money received may become the sole and exclusive property of the City. section- c sections 1 through 14 of this ordinance shall be codified as Chapter 13.68 of the Port Angeles Municipal Code. E Section. Ordinance No. 1881 is hereby amended to read as follows: STANDARD SIZE: Water, sanitary and storm sewer pipe of eight (811) inches shall be classified as standard for all future subdivisions, except in cases.when as determined by the City Engineer a larger size pipe is required to adequately serve that particular subdivision. PpGeEDURF� FOR RE -1 V Engineer, --Where 1"ger e4-&& PiPe portion of pipe sise-4argOP 'Phe developer shall malfie­ B&ftltai�—'9eryiee _Iahie! 46 all' SH-k�yi9i:6R senneetler isstalled by the' — 10 — vol I PAGE226 EXHIBIT C th tom will dete raine re-Iffi—loureemePA from theproper" a this -bas4a.,I son"eatilm fees, -- 01. See whiah ke 6! Five the per4ed--ef only with thet --,-a of Pipe and i S,tion7- Severabilitv 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. Segtion 18 -_=fA2tiY_e__Q_AtA. This Ordinance shall take effect five days after the date of publication by summary, - 11 - VOL 1047P AGE ZZi PASSED by the City Council of the City o F Port Angeles at a regular meeting of said council held on the 15th :i :day of December 1992, ATTEST: A ti .:Becky ,TC Up on, City Clerk APPROVED AS TO FORM: ,Craig D. Knutson, City Attorney PUBLISHED: December 24 1992 (By Summary) .92.29 IF VOL EXHIBIT D DEVELOPER REIMBURSEMENT AGREEMENT, DRA 93-03 17/18 ALLEY "E" TO "D" STREETS February 9, 1994 DESCRIPTION AND COST OF IMPROVEMENTS DESCRIPTION OF IMPROVEMENTS The improvements covered by this developer reimbursement agreement include the construction of an 8" gravity sanitary sewer main at the 17/18 alley, from "E" Street to "D" Street to service those lots as outline in Exhibit E. COST OF IMPROVEMENTS Documentation supporting the final cost of improvements has been provided by the developer. These costs have been reviewed and approved by the City Engineer. The City participated in costs associated with the engineering, design and inspection which were not charged to the project. A summary of final costs follows: Construction $13,605.50 The final costs for the developer reimbursement agreement are based on actual engineering, construction, and inspection costs, less actual City contribution to the project. DRA,9303. EXD Pw-193A VOL 1047%, :twQ VOL 10VIPACE 30 EXHIBIT F DEVELOPER REIMBURSEMENT AGREEMENT, DRA 93-03 17/18 ALLEY "E" TO "D" STREETS CONSTRUCTION DEVELOPER REIMBURSEMENT CHARGE $13,605.50 The developer reimbursement fee is based on the pro rata share of the cost of construction for each property which might be served by the sanitary sewer main. Distributing the costs equally on a per lot basis for the seventeen lots serviceable by the sanitary sewer main results in a charge of $800.32 per lot. At the time of payment, interest at 5.4% per year and administration costs (5%) in accordance with the ordinance will be added to the total fee due. All parcels in the latecomer area will be assessed accordingly upon request for service. DRA9303.Exp' PW -193B- . VOL w-193B .VOL 1047?AC 231 Cir cz