HomeMy WebLinkAbout2491RESOLUTION ~ ,~'~/
A RESOLUTION regarding upgrade of city sewer
outside city limits to the Westinghouse Project:
Wernerand Ida Roads - purchase of design documents
and reimbursement of development cost.
WHEREAS, 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 financially participating in the funding of public
services; and
WHEREAS, the proposal to locate the Westinghouse project along
the Werner Road corridor represents economic benefits of value to
the community; and.
WHEREAS, the area is planned to host future development which
would reimburse the capital investment to construct the sewer line;
and,
WHEREAS, the City's work schedule precludes immediate
assignment of City staff to design the sewer upgrade; and,
WHEREAS, 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, that the Bremerton City Council
does hereby:
1. Authorize the City Engineer to accept the Developer's
engineering documents if they are in conformance with City
standards;
2. Authorize the Mayor to sign the attached Reimbursement -
Utility System Improvement Agreement.
APPROVED by the City Council on the first reading on this
~2~ day of December 1994.
PASSED by the City Council of the City of Bremerton, signed by
the Mayor and attested by the City Clerk in authentication of such
passage this ~ day of December, 1994.
SHERRIL HUFF-M~, C6uncil President
day of Decer. bcr 1&394.
~HOR~ON, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, ~City Clerk
WERNKR
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 ,
1994 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 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.
B. The Developer agrees to provide a sewer main extension in
Werner Road and dedicate the same to the City of Bremerton
wastewater system under conditions approved by the City by
Resolution No.
C. Said sewer main extension is not located within the
corporate limits of the City. 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 construction and dedication of system
improvements pursuant to this agreement and the City acceptance of
said improvements, the parties hereto agree as follows:
II. SYSTEM IMPROVEMENTS:
A. System improvements subject to reimbursement from
REIMBURSEMENT UTILITY SYSTEM IMPROVEMENT AGREEMENT --1--
W-HOUSE.US! - D~sk 11 - 12/7/94
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. Design and construction shall be at
the Developer's expense in excess of a City contribution of Eighty
Thousand Dollars ($80,000.00) to the project. If project costs are
less than One Hundred sixty Thousand Dollars ($160,000.00), the
developer shall pay one-half and the City shall pay one-half of
said costs. Developer shall deposit funds or provide a line of
credit or assignment of funds with the City sufficient to pay its
share of the construction before a construction contract is awarded
by the City.
C. Upon acceptance of completed improvements, they shall be
dedicated to the City by Developer. Thereafter, the City agrees to
operate and maintain the improvements.
III. REIMBURSEMENT:
A. The City hereby grants the Developer the right to recover
Developer's costs by reimbursing the Developer based on a fair pro-
rata share of the Developer's costs paid by properties connecting
to or benefitting from the above improvements in the future.
B. The City has determined that those properties connecting to
the City system improvements described under paragraph II.l, either
directly or through lateral sewer lines, located within the area
depicted in Exhibit "A" attached hereto and incorporated by
reference herein shall pay
Dollars ($ .) 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 percent
( %) of each payment 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 dedication of the sewer system improvements.
V. REPRESENTATIVES:
The respective parties name the following persons as
representatives for all purposes required by this agreement:
REIMBURSEMENT UTILITY SYSTEM IMPROVEMENT AGREEMENT -2-
%4-HOUSE.US! - Disk 11 - 12/7/94
CITY: City Treasurer DEVELOPER:
239 4th St.
Bremerton, WA. 98377
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 KITSAP )
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
, 1994.
day of
Notary Public in and for the State of
, residing at
My appointment expires:
CITY OF BREMERTON
BY:
LYNN HORTON, Mayor
REIMBURSEMENT UTILITY SYSTEM IMPROVEMENT AGREEMENT -3-
W-HO(JSE.US[ - Disk 11 - 12/7/94
ATTEST:
KATHLEEN McCLUSKEY, Clerk
DEPARTMENTAL APPROVAL:
EDDY CHU, Director of Public Works & Utilities
APPROVED AS TO FORM:
IAN 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
, 1994.
day of
Notary Public in and for the State of
Washington, residing at
My appointment expires:
REIMBURSEMENT UTILITY SYSTEM IMPROVEMENT AGREEMENT -4-