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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 `��VtlYllll}Ilnr,lr� 2= •�i��'�: �`i4i�r.i • ti ��'rllalrFlViil+�' � 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. tiJ&Vv� �, 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