HomeMy WebLinkAbout2503RF.~OLUTION NO. a5(3~
A RESOLUTION regarding upgrade of City sewer and amending Resolution No.
2491.
WI~REAS, the City of Bremerton believes that economic development within the
Kitsap Community benefits the citizens of the City of Bremerton by providing economic
opportunities to families and by financing public services; and
WHEREAS, the proposal to upgrade sewer service along the Wemer Road corridor
represents economic benefits of value to the citizens of Bremerton and the ratepayers of the
City's wastewater utility; and
WHEREAS, the area is planned to host future development which would reimburse
the capital investment through future hook ups along the Wemer Road corridor; and
WI4~S, the delivery of sewer and water utility service to the site is in
conformance with Bremerton Municipal Code 15.020.040 (Service Beyond City Limits);
now,. therefore,
BE IT RESOLVED by the City Council of the City of Bremerton:
That Resolution No. 2491 is amendcd by substitution of the attached Reimbursement
Utility System Improvement Agreement for the agreement attached to Resolution No. 2491.
19 q~.PASSED by the City Council of the City of Bremerton this /,~(.; day of ~
Council President
Filed for Record at Request of:
When Recorded Return to:
Name Bremerton City Clerk
Address 239 Fourth Street
Bremerton, Washinqton 98337
REIMBURSEMENT
UTILITY SYSTEM IMPROVEMENT AGREEMENT
Werner Road Sewer Upgrade
Union Avenue to Ida Street
THIS AGREEMENT is entered into this day of ,
1995 by and between the City of Bremerton, a municipal corporation
(hereinafter "City") and , a
corporation organized under the laws of the State of Washington
(hereinafter "Developer").
I. RECITALS:
A. RCW 35.91.020 and Bremerton Municipal Code ("BMC")
15.01.090 allow developers constructing City utility system
improvements to be reimbursed from properties which subsequently
connect to these improvements for a fair pro-rata share of the cost
of the construction of said improvements for ten years following
completion, provided that in the event the BMC is amended to
provide for a differing term for the recapture of latecomer
contributions, the longer of the terms shall apply.
B. The Developer agrees to participate financially in the
design and construction of a sewer main extension in Werner Road,
which sewer main shall be the property of the City of Bremerton
wastewater system under conditions approved by the City by
Resolution No. , and as provided in this agreement.
C. Said sewer main extension is within the City wastewater
service center. The extension does have capacity to serve
properties in the area not presently connected to sewer.
D. The Developer has applied for reimbursement pursuant to
the above statute and ordinance.
WI TN E S SETH:
In consideration of the design and construction of system
improvements pursuant to this agreement, the parties hereto agree
as follows:
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II. SYSTEM IMPROVEMENTS:
A. System improvements subject to reimbursement from
latecomers connecting to said improvements are described as
follows:
The sewer main extension shown on plans entitled Werner
Road Sewer Main Extension, Union Avenue to Ida Street, on
file with the Bremerton City Engineer.
B. Construction of the above improvements shall be according
to plans approved by the City Public Works and Utilities Department
and conform to System Development and Construction Standards
promulgated by the Department. Developer shall contribute to the
design and construction in the amount of Eighty Thousand Dollars
($80,000.00). Developer shall deposit funds or provide a line of
credit or assignment of funds with the city sufficient to pay its
share of the construction as a condition of award of a construction
contract. The City shall fund the balance of the project by
contributing Eighty Thousand Dollars ($80,000.00) from the
Wastewater Utility Fund 451, and the balance of the project cost
from the Real Estate Excise Tax Fund 109.
III. REIMBURSEMENT:
A. The city hereby grants the Developer the right to recover
a portion of payments by properties connecting to or benefitting
from the above improvements in the future equal to the Developer's
contribution in excess of Developer's own property benefit.
B. The City has determined that those properties connecting to
the City system improvements described under paragraph II.l, either
directly or through lateral or branch sewer lines, located within
the area depicted in Exhibit "A" attached hereto and incorporated
by reference herein shall pay a fraction of the final project cost
where the numerator is the connecting property frontage on Werner
Avenue and the denominator is 5,463, the total assessable front
footage for the project, or
Dollars ($ ) per lineal front foot of Werner Avenue
fronted by the property, as defined in BMC 15.06.02.
C. The City shall retain fifteen percent (15%) of the cost
recovery payments from each property connecting to said system
improvements for maintaining records and administration of the
program. Additionally, the City shall retain the percent of each
payment net administration charge representing its share of the
construction costs. The City will forward the remainder of the
payment to the Developer within 60 days of receipt of payment of
connection charges.
IV. TERM:
This agreement shall remain in effect for ten (10) years from
date of completion of the sewer system improvements, or such term
as provided by the BMC, whichever term is longer.
V. REPRESENTATIVES:
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The respective parties name the following persons
representatives for all purposes required by this agreement:
CITY: City Treasurer DEVELOPER:
239 4th St.
Bremerton, WA. 98377
as
Parties are responsible for notifying the other of any change
in representatives, addresses or assignment of rights under this
agreement.
VI. RECORDING LIEN:
Upon payment of recording costs by Developer, City shall
promptly file this agreement for recording with the Kitsap County
Auditor. Once filed, this agreement shall become a lien on
properties within the benefit area depicted in Exhibit "A", which
thereafter connects to the system improvements described in
paragraph II.1. The lien shall terminate with the termination of
this Reimbursement Agreement under paragraph IV.
DEVELOPER
ADDRESS
STATE OF WASHINGTON )
:
COUNTY OF KtTSAP )
ss
On this day, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn,
personally appeared , to me
known to be the , of
, the Corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said Corporation, for the uses and
purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument.
GIVEN under my hand and official seal this
, 1995.
day of
Notary Public in and for the State of
· residing at
My appointment expires:
CITY OF BREMERTON
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BY:
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, Clerk
DEPARTMENTAL APPROVAL:
GENE SAMPLEY, Director of Public Works & Utilities
APPROVED AS TO FORM:
IAI~ R. SIEVERS, City Attorney
STATE OF WASHINGTON )
: ss.
COUNTY OF KITSAP )
On this day personally appeared before me Lynn Horton,
Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City
Clerk, of the City of Bremerton, the municipal corporation
described in and that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute
said instrument on behalf of said corporation.
GIVEN under my hand and official seal this
, 1995.
day of
Notary Public in and for the State of
Washington, residing at
My appointment expires:
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O Y~TER
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