071-21 - Resolution - Accepting the 580 Zone ReservoirRESOLUTION NO.071-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING
THE 580 ZONE RESERVOIR AS CONSTRUCTED BY MCCORMICK COMMUNITIES,
LLC IN ACCORDANCE WITH CONTRACT C003-07 AND AMENDMENT 1 TO
CONTRACT 003-07 AND APPROVING THE CERTIFIED CONSTRUCTION COSTS FOR
THE PROJECT.
WHEREAS, on July 10, 2007, the City entered into a reimbursement agreement for utility
system improvements with GEM 1, LLC Contract C003-07; and
WHEREAS, GEM 1, LLC's position in the Contract C003-07 was assigned to McCormick
Communities, LLC in 2015; and
WHEREAS, on November 26t", 2019, the City Council approved Resolution 042-19
authorizing the mayor to execute Amendment #1 to the 2007 reimbursement agreement for
utility system improvements between the City and McCormick Communities LLC; and
WHEREAS, contract C003-07 as amended called for the construction of a new 580 zone
water reservoir; and
WHEREAS, section 1 of the 2007 reimbursement agreement for utility system
improvements required the City to accept and own the new 580 zone water reservoir once
completed; and
WHEREAS, section 2 of the 2007 reimbursement agreement for utility system
improvements required McCormick Communities to certify the construction costs to the City
for the final design, engineering, construction, and restoration costs incurred by the City and for
the City to approve or modify and approve the certified costs; and
WHEREAS, McCormick Communities has provided the City with a Bill of Sale for the 580
Zone Reservoir which is being transferred to City ownership; and
WHEREAS, the City wishes to formally accept ownership of the 580 Zone Reservoir and
to approve the total certified costs for the facility subject to reimbursement under section 3 of
the 2007 agreement; and
WHEREAS, the Public Works Director has recommended acceptance of the 580 reservoir
and has certified that the reservoir is substantially complete; and
WHEREAS, the Public Works director has reviewed the certified costs as submitted by
the developer and recommends that the City Council establish the certified costs in the amount
of $2,789,915.00; now, therefore,
Resolution No. 071-21
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The 580 Zone Reservoir as constructed by McCormick Communities, LLC is
accepted in accordance with section 1 of Contract C003-07 and C003-07 Amendment
#1.
THAT: The certified cost of 580 zone reservoir subject to reimbursement under section
2 of Contract C003-07 and C003-07 Amendment 1 is $2,789,915.00.
THAT: The Mayor is authorized to sign the Bill of Sale which is attached to this
Resolution as Exhibit "1".
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 23rd day of November 2021.
ATT
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
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BILL OF SALE
In consideration of the mutual promises and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, McCORMICK COMMUNITIES, LLC
("McCormick") does hereby grant, sell, transfer, and deliver unto THE CITY OF PORT
ORCHARD, WASHINGTON, a municipal corporation in Kitsap County, Washington ("City"),
the following goods, chattels, and other items of personal property, namely:
1. The 580 Zone Reservoir and all appurtenances thereto (hereinafter "Reservoir")
which is located at 4741 Old Clifton Road and is more particularly described in the permit issued
by City for the development of this Reservoir contained in file number 20-345 C-Bldg.
2. The object of this Bill of Sale is to grant, sell, transfer, and deliver to the City, the
ownership of all items of personalty which comprise the Reservoir installed by McCormick to
date, to the full extent that McCormick has an ownership interest in and the rights to convey said
Reservoir.
3. McCormick does hereby covenant that to the extent that McCormick is the lawful
owner of the Reservoir; that such items are free from all liens and encumbrances; that
McCormick has the right to sell or otherwise transfer the same, and that McCormick warrants the
same against the claims and demands of all persons; and the execution of this Bill of Sale is an
authorized act of McCormick.
4. In case any provision of this Bill of Sale shall be invalid, illegal, or unenforceable,
it shall, to the extent possible, be modified in such a manner as to be valid, legal, and enforceable
so as to most nearly to retain the intent of the Parties. If such modification is not possible, such
provision shall be severed from this Bill of Sale. In either case the validity, legality, and
enforceability of the remaining provisions of this Bill of Sale shall not in any way be affected or
impaired thereby.
5. This Bill of Sale shall be governed by and construed and interpreted in
accordance with the laws of the State of Washington.
IN WITNESS WHEREOF, the parties hereto have signed this Bill of Sale as of
November L OO, 2021.
McCormick (Seller):
McCormick Communities, LLC
By. Its: A ",r ti on- tyr-,b---
Name: Ins i c 1J+5 Lti L-rW
Bill of Sale
Page 1 of 4
City (Buyer):
City of Port Orchard, Washington
By:
Its: Mayor
Name: Robert Putaansuu
ACKNOWLEDGMENT — MCCORMICK COMMUNITIES, LLC
STATE OF WASHINGTON )
ss.
County of )
On this day before me personally appeared tome M PCL ���I known to be the oAi Ss 6,tjeL
of McCormick Communities, LLC and who 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 he was authorized to execute
said instrument.
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GIVEN under my hand and official seal thisy day of 10 ..2021.
MARIA QREWING
NCO) ARY PUBLIC
srara OF WASGTON 10381
mber2()I(
Printed Name: kr, c_ i0rc�, Dense M1lu17
MY Commission Expires March 20, 202,4 NOTARY PUBLIC in and for a Sta e
of Washington, residing at
My Commission Expires:
Bill of Sale
Page 2 of 3
ACKNOWLEDGMENT — CITY OF PORT ORCIIMtll
STATE OF WASHINGTON )
) ss.
County of Kitsap )
On this day before me personally appeared ROBERT PUTAANSUU, to me known to be the
Mayor of the City of Port Orchard, Washington, and who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute said instrument.
GIVEN under my hand and official seal this � day of �►2021.
a,
ted Name: a rt
NOTARY PUBLIC in and for the to
of Washington, residing at '
My Commission Expires: =
Bill of Sale
Page 3 of 3