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Home My WebLink AboutSCHOURUP, WILLIAM E. . ... ~~ V'.. ,," J, ., Filed for Record at Request of: KITSAP COUNTY , $11.00 CHCK . ' FILED-BY: CITY OF BREMERTON ttAY 20. 1996, 8:40 Nt When Recorded Return to: KAREN FLYNN, AOOITOR --' CLERK: BEVANS c::::( Name Bremerton City Clerk A.F..: 9605200045 :z Ht:.t:.L 0911 FR 1194 } - Address 239 Fourth street (.!) Bremerton. Washington 98337 - a::: REIMBURSEMENT 0 UTILITY SYSTEM IMPROVEMENT AGREEMENT Werner Road Sewer Upgrade Union Avenue to Ida Street THIS AGREEMENT is entered into this \5 day of ~~ , 1995 by and between the City of Bremerton, a municipal corporation (hereinafter "City") and WILLIAM E. SCHOURUP, (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. ~ SD~ , 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. WIT N E SSE T H: In consideration of the design and construction of system improvements pursuant to this agreement, the parties hereto agree as follows: II. SYSTEM IMPROVEMENTS: A. System improvements subject to reimbursement from latecomers REIMBURSEMENT UTILITY SYSTEM IMPROVEMENT- AGREEMENT -1- W-HOUSE.USI - Disk 11 - 3/10/95 ",__,~"".",,,,.'''''~'''''''''''''''>'''''''.'''~''''' . .. . ._...... <0 ..,,~, <>~ . , ..... ... ""'",, ," ,_.,C", """.''''r ,', . . .~ " "', 'f' , ... ..., .. 411 ....'. 't~ 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 ($80,000.00) from the Wastewater utility Fund 451, and the balance of the project cost from the Real Estate Excise Tax Fund 109. III. REIMBURSEMENT: A. The City hereby grants the Developer the right to recover a portion of paYments by properties connecting to or benefitting from the above improvements in the future equal to the Developer's contribution in excess of Developer's own property benefit. B. The City has determined that those properties connecting to the City system improvements described under paragraph II.1, either directly or through lateral or branch sewer lines, located within the area depicted in Exhibit "A" attached hereto and incorporated by reference herein shall pay a fraction of the final project cost where the numerator is the connecting property frontage on Werner Avenue and the denominator is 5,463, the total assessable front footage for the project, or FORTY-EIGHT AND FIVE CENTS Dollars ($ 48.05 ____) 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. A. F. #: 9605200045 . . REEL 0911 FR 1195 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: The respective parties name the following persons as representatives for all purposes required by this agreement: CITY: City Treasurer DEVELOPER: William E. Schourup 239 4th st. P. O. Box 1060 Bremerton, WA. 98377 Tracy ton, WA. 98393-1060 REIMBURSEMENT UTILITY SYSTEM IMPROVEMEN~AGREEMENT -2- W-HOUSE.USI - Disk 11 - 3/10/95 ~ .'f' ,. , " 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. ADDRESS STATE OF WASHINGTON ~ ss A. F. .: 9605200045 COUNTY OF KITSAP ) REEL 0911 FR 1196 On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared WILLIAM E. SCHOURUP, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act. and deed, for the uses and purposes therein mentioned. ~ GIVEN under my hand and official seal this 0--\-~ , 1995. .... CITY OF BREMERTON BY:~ Jd LY N HORTON, Mayor ATTEST: ~'-Y<.-._ ~ (0". =1 KATHLEEN McCLUSKEY, Clerk \\ REIMBURSEMENT UTILITY SYSTEM IMPROVEMEN~AGREEMENT -3- W-HOUSE.USI - Disk 11 - 3/10/95 . ..;:, ... " -j.... GENE of Public Works & utilities APP IAN R. SIEVERS, City Attorney STATE OF WASHINGTON ) : SSe 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. 1- GIVEN under my hand and official seal this 02.:;ti, day of a A1'-^) , 1995. \' \ ~,ttttf "'11111'1 '.4 \..or L. J,/ ",- ".. ~.'..at.. ""'\ .$...... r<<.t" 'l: ' ,.' ~ ,..........~ .".. ...,,,...~" ',"'~~ , ,J/ ,. .,~\Ol". o. ~'(, ~ ,~;t,~1 ~~. '''' ..~. 0, r::;' .)~J"t 0 i i;.I; .Qo~QT4Jl~ ~ ""'; ~/:f.' :... . Ct . ~ ~ '. :: ,]I! . _ ,......"~t:,.._..-" /.- './ qn . ;. _ ~-. : ",' ~j-: Q .[f.......... c,#: ',,:: ',' ~ C/J' ..~.P,larl ,c : ~ ~ - ....... " ,uft -..,,! -.. 'It'!: . C. - ~ __ .., WI ... . S'''' ~:il.o" ~ ~ ~""' ... (..' - ..- ~ ..... ,(. _._""c .... ~<..,.......... 6 '" ~ .~...... \'\;;. .~" '., oJF' ..,....~ ,', .of,''',t\ ~ ,,1.\'~ 'II 'h...'ft~\ A.F..: 9605200045 REEL 0911 FR 1197 REIMBURSEMENT UTILITY SYSTEM IMPROVEMEN~ AGREEMENT -4- W-HOUSE.USI - Disk 11 - 3/10/95 '. , JjH ~ /;; ~~ ~r1T '" < ~ -- ."! I . ". we ,tArn il.WiiiU e ~ r\ .,!: ~ /' ". "o'~'..<=_ ~ l- ". f---- f--- I-- N / f---- - . intO - - ~~ - 0.-4 e.t - Q.-4 ~Ii 0 r === N= Blumer Street Inu. o ~ ..0... ~ "'... ; ~ I f J ; '3 110 ; ~ tJ . ~ ~ ...1 ~ IJ.~ I <f! ~ f--- : ~ R ~ ~ t--il -M , I I ; II I II ,... ~ I--- O::..nn\l,1II I?^~<l J I I II ~ ~ ....... I I Sk\ 011< DrlYd I I IIF I II ..... ,.,;... Ido Street ~ r. I Vi I " 0 8 ~ I , 0:: \ ~ ~ ~ FRONT fOOTAGE - j ~8w~n~XIN -l...- I I SCALE CITY OF BREMERTON WERNER ROAD SEWER EXTENSION flO1.Il. __ DEPARTMENT OF PUBUC WORK8 - VICINITY MAP & UTIUTIE8 Plor ENGINEERING DIVI810N EXHIBIT A D1.AWlNG NO. D1.AWN 8Y.. DESIGN 8Y.. CflECKED IY.. SHEET WERNER DAfE 12/19/94 DAfE IMrE 1 OF 1