The URL can be used to link to this page

Home My WebLink About5019 ORDINANCE NO. 50\ q AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the Reimbursement Agreement between the City of Bremerton and GEM 1, LLC for the West 580 Zone Pump Station 2A and 16" Water Transmission Main. WHEREAS, GEMl LLC owns property within the Bremerton water service area adjacent to Anderson Hill Road and Old Clifton Road on the south side of Sinclair Inlet identified as the W580 Zone. In order to provide service to the W580 Zone, a booster pump station and approximately 10,700 linear feet of l6-inch water transmission main were required to be developed; and WHEREAS, The GEM1 properties are zoned residential and are in various stages of development and although the City was developing initial plans to extend water service to the W580 Zone, GEM1 took sole responsibility for designing and constructing these improvements at a total cost of$2,900,000 in order to service its development. As a result, GEM1 is eligible for reimbursement for these improvements through the execution of a reimbursement agreement; and WHEREAS, In consideration of the capital improvements that were constructed by GEM1 and in further consideration that the City of Bremerton will only remit funds on an annual basis, the reimbursement agreement negotiated by the parties provides that the 15% administration fee required by BMC Section 15.01.090 will be waived; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Reimbursement Agreement between the City of Bremerton and GEM 1, LLC for the West 580 Zone Pump Station 2A and 16" Water Transmission Main is approved and the Mayor, or designee, is authorized to finalize and execute the agreement in substantially the same form as set forth in Exhibit A, attached hereto and incorporated by reference. SECTION 2. The 15% administration fee required by BMC Section 15.01.090(d) is waived as set forth in Exhibit A. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 1 W580 Zone Reimbursement Agreement SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the J ~ day of q-..u '--7t- ~' ,2007 Approved this LdJ day of qJ~F.) ATTEST: APPROVED AS TO FORM: (1./.1M.~ )~--< ~ r P AULA JOHN TON, Cit Cler PUBLISHED the ~ day of f:i:!;;;;;; EFFECTIVEthe /~ dayof ____ ORDINANCE NO. .$lJf9 ,2007 ,2007 R:\Legal\Legal\Ordinances\Public Works & Utilities\ W580 Zone reimbursement agreementl.doc 2 W580 Zone Reimbursement Agreement When Recorded Return to: EXHIBIT A Name: City Clerk Address: 345 6th Street Suite 600 Bremerton, WA 98337 REIMBURSEMENT AGREEMENT FOR WEST 580 ZONE PUMP STATION 2A AND 16" WATER TRANSMISSION MAIN Document Title: Project Name: Developer Name: Location: Tax Parcel # Abbreviated Legal Description: Reimbursement Agreement for Pump Station 2A and 16" Water Transmission Main 580 Zone GEM 1 L.L.c. West of Anderson Hill Road and North of Old Clifton Road See Exhibit B Located in a portion of Section 4, 5, 32, and 33, Township23 N., R. 1 E, W.M. Kitsap County, Washington This Agreement regarding Capital Improvements for the West 580 Zone Water System is entered into between the City of Bremerton, a Washington municipal corporation ("City") and GEM 1, LLC, a Washington limited liability company ("GEMl "). RECITALS A. The City is the owner and operator of a municipal water system which includes a major water system operated in an area known as the West 580 Zone, which is located north of Old Clifton Road and west of Anderson Hill Road. The area of the West 580 Zone is legally described and identified in the map set forth in Exhibit A, attached hereto and incorporated by reference, and further identified by tax parcels listed in Exhibits Band C, attached hereto and incorporated by reference. B. GEMl is in the process of subdividing and developing its property located at the northwest comer of Old Clifton Road and Anderson Hill Road, also known as the plat of "The Ridge at McCormick Woods Phase 1 Division 1 and 2", hereinafter "Ridge at McCormick Woods", for purposes of residential development, permitted by the Kitsap County Comprehensive Plan and an approved Master Plan for the South Kitsap Urban Growth Area, which includes a substantial portion of the West 580 Zone area. Page 1 of 11 C. In order to provide public water service to GEMl's properties in the West 580 Zone area, substantial improvements to the City's water system in that area are required. AGREEMENT In consideration of the mutual promises and agreements, contained herein, the parties agree as follows: . 1. GEM! Improvements: GEMl is currently constructing or has already completed construction of the following improvements: a. A 16" ductile iron water transmission main from McCormick Woods Drive/Old Clifton Road intersection to Cook Road Pump Station 2A (approximately 10,700 linear feet). b. An 1800 gpm water Pump Station identified as Pump Station 2A located at 2424 Anderson Hill Road S W. 2. City Improvements: The following additional water system improvements, and associated fixtures and appurtenances or alternative improvements that provide a comparable level of service to the West 580 Zone may be constructed by the City in the future when and if deemed necessary by the City for the water system in the West 580 Zone: a. Reservoir - approximately 1.5 MG located near the Feigley Road / Old Clifton Road intersection b. Approximately 6,000 feet of transmission main from the McCormick Woods Drive / Old Clifton Road intersection to the Reservoir c. Approximately 7,000 feet of distribution main from the Reservoir back to the 1 st Phase Div. 2 of the McCormick North project 3. GEM! Responsibility: GEMl is responsible for design, permitting and construction of improvements, including any cost overruns, of the projects listed in Section 1, above. For purposes of reimbursement pursuant to Section 6 this agreement, GEMl's cost of these improvements is $2,871,324.85. Upon completion, GEM 1 will dedicate these improvements to the City. 4. City Responsibility: The City will be responsible for design, permlttmg and construction including any cost overruns, of improvements of the projects that it may develop listed in Section 2, above. The City agrees that it will not pass the cost of the future improvements listed in Section 2 to GEMl or its successors or its assigns via a UUD, zone charge, or other pass through mechanism assessed against the Ridge at McCormick Woods Phase 1 Division 1, 2, and 3 (also known as the McCormick North Page 2 of 11 Phase I Preliminary Plat) development as identified by tax parcels listed in Exhibit C, except as set forth in Section 5 below regarding the City's assessment of a general facility charge. 5. General Facility Charge: The City may assess a General Facilities Charge "GFC", which pursuant to the Bremerton Municipal Code, against GEMI properties including the Ridge at McCormick Woods Phase 1 Div. 1,2, and 3 developments. 6. Reimbursement Charge: The City agrees that it will also assess a Reimbursement Charge at the rate of $926.23 per Equivalent Residential Unit (ERU) from all properties requesting future water service in the west 580 zone system area legally described and identified in the map set forth in Exhibit A, , and further identified by tax parcel numbers set forth in Exhibit B, , provided the Reimbursement Charge shall not be assessed against the platted area commonly known as the Ridge at McCormick Woods Phase 1, Division 1 (as identified by tax parcels listed under Division 1 in Exhibit C and excepting the one parcel identified as Division 2 in said exhibit). The basis of the calculation of the Reimbursement Charge is set forth in Exhibit D, attached hereto and incorporated by reference. The Reimbursement Charge funds received shall be remitted to GEMI no less often than once a calendar year in order to reimburse GEMI for its cost of the facilities constructed pursuant to Section 1, above. 7. Term of Agreement: This agreement shall remain in force for fifteen (15) years from date of this agreement or full reimbursement of GEM 1 's costs of improvements identified in Section 3, whichever occurs first. 8. Latecomer Agreement; No Administrative Fee: The City shall bear the cost of maintaining the administration and records of the Reimbursement Charge and for periodic reimbursement to GEMI of funds collected. No administrative fee for processing and remitting the Reimbursement Charge's to GEMI shall be assessed against GEMI pursuant to BMC 15.01.090(d), as now or hereafter amended. 9. Representations and Warranties: Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement are within that party's powers and have been duly authorized by all necessary company or agency action. 10. Governing Law and Venue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any action brought shall be in Kitsap County, Washington. 11. Entire Agreement: This Agreement sets forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. Page 3 of 11 12. Successors and Assigns: The benefits, burdens and obligations set forth in this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, assigns, and successors. 13. Attorneys' Fees: In the event of litigation, including alternative dispute resolution, with respect to the enforcement or interpretation of this Agreement, including appeals, the prevailing party in such litigation shall be entitled to recover, from the non-prevailing party, the prevailing party's reasonable attorneys' fees, costs and disbursements. 14. Notices: For the purpose of delivery of any demand or notice relating to this Agreement, the address of parties shall be the address set forth below. Such party's signature hereon or such address as either party may establish in writing from time to time. To City: City of Bremerton Director of Public Works and Utilities 3027 Olympus Drive Bremerton, W A 98310 To GEM 1: Mr. Doug Skrobut GEM 1, LLC 4978 SW Lake Flora Road Port Orchard, W A 98366 15. Miscellaneous: This Agreement may be modified, supplemented or amended only by a written instrument signed by GEMl and the City. The captions set forth in this Agreement are included for convenience of reference only and shall not in any way limit or affect the meaning or interpretation of any terms or provisions of this Agreement. Neither the waiver by any party of any breach of any provision hereof, nor the failure of any party to seek redress for violation of or insist upon strict performance of any such provision, shall be considered a waiver of such provision or any subsequent breach thereof. GEM 1, LLC DATED: BY: Page 4 of 11 CITY OF BREMERTON DATED: BY: Cary Bozeman, Mayor Notaries are on next page. STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) On this day of the State of Washington, personally appeared to be the , 2007, before me a Notary Public in and for to me known of a limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the limited liability company, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. GIVEN under my hand and official seal this _ day of ,2007 Notary Public in and for the State of Washington, Residing at: My appointment expires: STATE OF WASHINGTON) ss. COUNTY OF KITSAP ) On this day of , 2007, before me a Notary Public in and for the State of Washington, personally appeared Cary Bozeman to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. Page 5 of 11 GIVEN under my hand and official seal this _ day of ,2007 Notary Public in and for the State of Washington, Residing at: My appointment expires: DEPARTMENTAL APPROVAL: Phil Williams, Director of Public Works and Utilities APPROVED AS TO FORM: RECEIVED FOR FILING: Roger A. Lubovich, City Attorney Paula Johnston, City Clerk R:\Legal\Legal\ContractsIPUBLIC WORKS\580 Zone Reimbursement Agreement-final.doc Page 6 of 11 EXHIBIT A WEST 580 ZONE AREA OF REIMBURSEMENT A PORTION OF THE NW 14, SW 14, AND A PORTION OF THE W 12 OF THE NE 1/4 AND SE 14 IN SECTION 04, TOWNSHIP 23 N., RANGE 1 E., W.M. IN KITSAP COUNTY, W A. THE EAST 12 OF THE NW 14 AND SW 14, THE SE 14 EXCEPT THE NW 14 OF THE SE 14, THE NE 14 IN SECTION 05, TOWNSHIP 23 N., RANGE 1 E., W.M. IN KITSAP COUNTY, WA. A PORTION OF THE SW 14 AND SE 1/4, IN SECTION 32, TOWNSHIP 24 N., RANGE 1 E., W.M. IN KITSAP COUNTY, W A. A PORTION OF THE SW 14 IN SECTION 33, TOWNSHIP 24 N., RANGE 1 E., W.M. IN KITSAP COUNTY, W A. AS SHOW ON THE EXHIBIT "A" CONTINUED. Page 7 of 11 I- In ~ U fk 1= ~ Exhibit A Continued f~ !tl ~~.lyt . J~ ~~ ;Y l!L (8yt p:\ ~ m' ~~IIU~ ~ t1 fi9 1[0; "/ -r~ ~ :r-1/ I "- Ii i t:b, ~ 11 / J--iffi'- nJ IJI :;;~~ ~ I \I n-rr" ~ (j" r"", k~"-- )'7 #-f l=r 10= < 1rc!UJ / .~ U:. I 3: I) L J. 7 r L ( r II _ I J-=rr ~ J --. - '/ '/ / ......,. I I T ~ J-I~~ /~ / ~~ ~ "~ .//h ~ L- 0)j ~ ~ ~0 ~ ~~~~ ~ t~~ i~:~, ~~l'?" ~ / V~r:/ r / I The Rid~~~~k The Ridge @ McCormick =- Woods. PM Div 1 --,. 1J'.'Qods. Ph 1 Div3 IJ ~ ~J\ < I-- o - I-- ~ AAi ~/)' ~J~ s: JI The Ridge @ McCormick / I Woods. Ph 1 Div 2 ~ ~~ :w-:;;TJ/; ,p) )t~, ~ 'J:. ~w ~~ ~ A Y /, ~ J ),~ ~ ~ ~tlJ.t: ~ ~ Wtamo.,.. Page 8 of 11 Page 9 of 11 EXHIBIT B TAX PARCEL NUMBERS - WEST 580 ZONE 332401-3-025-2003 322401-3-034-2003 322401-4-028-2009 322401-4-027 -2000 322401-4-026-2001 332401-3-013-2007 322401-4-100-2000 4642 -000-004-0002 4642 -000-003-0003 322401-4-107-2003 332401-3-024-2004 4642-000-008-0008 4642-000-006-0000 4642 -000-005-0001 4642-000-009-0007 4642-000-011-0003 4642-000-010-0004 042301-2 -015-2003 052301-2-027 -2008 4642-000-015-0009 4642-000-015-0009 4642 -000-014-0000 4642-000-014-0208 4642-000-013-0001 4642-000-012-0002 052301-1-019-2000 052301-1-004-2007 042301-2-016-2002 042301-2-003-2007 042301-2-015-2003 4642 -000-014-0109 4642-000-016-0008 042301-2-014-2004 4642-000-019-0005 4642-000-018-0006 4642 -000-017 -0007 052301-1-020-2007 042301-2-004-2006 052301-2-026-2009 042301-2-013-2005 4642 -000-023-0009 4642-000-022-0000 4642 -000-021-0001 4642-000-020-0002 052301-1-021-2006 052301-1-022-2005 052301-1-023-2004 052301-1-024-2003 042301-2-005-2005 052301-1-026-2001 052301-1-025-2002 4642-000-024-0008 4642-000-027 -0005 052301-1-010-2009 4642-000-025-0007 052301-1-011-2008 4642-000-026-0006 052301-1-014-2005 052301-1-015-2004 042301-2-012-2006 042301-1-065-2004 052301-1-013-2006 052301-1-027 -2000 042301-2-006-2004 052301-1-028-2009 052301-1-017 -2002 052301-1-016-2003 052301-2-025-2000 052301-1-031-2004 052301-1-031-2004 052301-1-032-2003 042301-2-007 -2003 042301-2-011-2007 052301-1-030-2005 042301-2-008-2002 042301-2-010-2008 042301-2-009-2001 052301-3-040-2009 052301-3-039-2002 052301-4-013-2000 042301-3-006-2002 042301-3-005-2003 052301-3-037 -2004 052301-4-014-2009 052301-4-017 -2006 052301-4-015-2008 052301-4-018-2005 052301-4-016-2007 042301-3-004-2004 EXHIBIT C T AX PARCEL NUMBERS - WEST 580 ZONE THE RIDGE AT MCCORMICK WOODS PHASE 1 - DIVISION 1 5486-000-001-0001 5486-000-002-0000 5486-000-003-0009 5486-000-004-0008 5486-000-005-0007 5486-000-006-0006 5486-000-007 -0005 5486-000-008-0004 5486-000-009-0003 5486-000-010-0000 5486-000-011-0009 5486-000-012 -0008 5486-000-013-0007 5486-000-014-0006 5486-000-015-0005 5486-000-016-0004 5486-000-017 -0003 5486-000-018-0002 5486-000-019-0001 5486-000-020-0008 5486-000-021-0007 5486-000-022-0006 5486-000-023-0005 5486-000-024-0004 5486-000-025-0003 5486-000-026-0002 5486-000-027 -0001 5486-000-028-0000 5486-000-029-0009 5486-000-030-0006 5486-000-031-0005 5486-000-032-0004 5486-000-033-0003 5486-000-034-0002 5486-000-035-0001 5486-000-036-0000 5486-000-037 -0009 5486-000-038-0008 5486-000-039-0007 5486-000-040-0004 5486-000-041-0003 5486-000-042 -0002 5486-000-043-0001 5486-000-044-0000 5486-000-045-0009 5486-000-046-0008 5486-000-047-0007 5486-000-048-0006 5486-000-049-0005 5486-000-050-0001 5486-000-051-0000 5486-000-052-0009 5486-000-053-0008 5486-000-054-0007 5486-000-055-0006 5486-000-056-0005 5486-000-057 -0004 5486-000-058-0003 5486-000-059-0002 5486-000-060-0009 5486-000-061-0008 5486-000-062-0007 5486-000-063-0006 5486-000-064-0005 5486-000-065-0004 5486-000-066-0003 5486-000-067-0002 5486-000-068-0001 5486-000-069-0000 5486-000-070-0007 5486-000-071-0006 5486-000-072-0005 5486-000-073-0004 5486-000-074-0003 5486-000-075-0002 5486-000-076-0001 5486-000-077 -0000 5486-000-078-0009 5486-000-079-0008 5486-000-080-0005 5486-000-081-0004 5486-000-082 -0003 5486-000-083-0002 5486-000-084-0001 5486-000-085-0000 5486-000-086-0009 5486-000-087 -0008 5486-000-088-0007 5486-000-089-0006 5486-000-090-0003 5486-000-091-0002 5486-000-092-0001 5486-000-093-0000 5486-000-094-0009 5486-000-095-0008 5486-000-097 -0006 5486-000-098-0005 5486-000-099-0004 THE RIDGE AT MCCORMICK WOODS PHASE 1 - DIVISION 2 5486-000-096-0007 THE RIDGE AT MCCORMICK WOODS PHASE 1 - DIVISION 3 042301-3-005-2003 Page 10 of 11 EXHIBIT D CALCULATION OF REIMBURSEMENT CHARGE Costs Invested by GEM1 LLC: Pump House Transmission Main to McCormick Woods Drive Total Costs Invested by GEM1 LLC ERU's Cost per ERU $1,081,575.85 $1,789,749 $2,871,324.85 3,100 $926.23 Page 11 of 11 AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 208040 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: August 2, 2007 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $30.86 which amount has not been paid in full. ~Ly rn~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 7, 2007 :/ Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5019 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the Reimbursement Agreement between the City of Bremerton and GEM 1, LLC for the West 580 Zone Pump Station 2A and 16" Water Transmission Main. APPROVED by the City Council the 18th day of July, 2007. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. August 2, 2007..........................AD #20046572