033-06 - Resolution - Latecomers Agreement for Mitchell Ave Sanitary Sewer ExtensionCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
RESOLUTION NO. 033-06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO SIGN THE LATECOMERS
AGREEMENT FOR REIMBURSEMENT FOR MITCHELL AVENUE
SANITARY SEWER EXTENSION AND NOTICE OF ADDITIONAL
SEWER FACILITY CONNECTION CHARGES.
Tax Parcel No. 252401-3-008-2004
Section 25 Township 24 North, Range 1 East Situated in Kitsap County
WHEREAS, RCW Chapter 35.91 and the City of Port Orchard Ordinance No.
1852 authorizes the City to establish a Developer's Extension Agreement in which the developer
can be reimbursed a portion of the construction costs for improvements in approved projects;
and
WHEREAS, on May 15, 2006, the City received a request from Lee Sebring to
construct a gravity sewer main along the shoulder of Mitchell Avenue and a request for
reimbursement from potentially benefited properties through a latecomers agreement; and
WHEREAS, upon the receipt of a request for latecomers agreement regarding
the Mitchell Avenue sewer extension, notice was provided to property owners as required
pursuant to Port Orchard Ordinance 1852, Section 1; and
WHEREAS, on June 26, 2006 and August 14, 2006, the City Council held a
public hearing addressing the improvement proposed in the Mitchell Avenue sanitary sewer
extension latecomers agreement, and the equitable prorating of the costs of said improvement
to the properties to be potentially benefited; and
WHEREAS, the attached agreement meets the requirements of RCW Chapter
35.91 and the City of Port Orchard Ordinance No. 1852; and
WHEREAS, pursuant to RCW Chapter 35.91 and the City of Port Orchard
Ordinance No. 1852, the developer of Mitchell Avenue will meet required obligations, and will
be entitled to reimbursement for the project's sanitary sewer main; now, therefore
Resolution No. 033-06
Page 2 of 2
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY
RESOLVE THE FOLLOWING:
The Mayor of the City of Port Orchard is authorized to sign the
attached Latecomers Agreement For Reimbursement For Mitchell
Avenue Sanitary Sewer Extension And Notice Of Additional Sewer
Facility Connection Charges.
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 28th day of August 2006.
Kim Abel, MAYOR
ATTEST:
~
Michelle Merlino, Interim City Clerk
After Recording Return to:
City Clerk's Office
City of Port Orchard
216 Prospect Street
Port Orchard, W A 98366
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PORT ORCHARD CITY OF AGm $73 . SS K i 1. sap Co' ~~A
LATECOMERS AGREEMENT FOR REIMBURSEMENT FOR MITCHELL
A VENUE SANITARY SEWER EXTENSION AND NOTICE OF ADDITIONAL
SEWER FACILITY CONNECTION CHARGES
GRANTORS: Sebring, Lee
City of Port Orchard, a municipal corporation
GRANTEE: The Public
LEGAL DESCRIPTION: Complete legal description is on Exhibit C of document
ASSESSOR'S TAX PARCEL ID#: List of parcel numbers of the benefited non-
contributing properties on Exhibit E o_f docu~nt. $t._1 /~ 3W 'ly tl S25"T24~ QIG"
(t='c,e AOOrTlCN.AL TAl( 10 .32f EXI-I181T E) (2.52.461 ·· 3-o::.:8-· 2.C::C.1-I )
AGREEMENT, made this 28th day of September, 2006, between Lee Sebring
("Developer") and the City of Port Orchard, Washington ("City".)
RECITALS
A. The City owns and operates a sanitary sewer system within and adjacent to
its City limits; and
B. The Developer made certain improvements to the system
("Improvements") in order to provide adequate sanitary sewer system capacity for the
Developer's building lot.
Page 1 of 5
C. The improvements consist of the construction of approximately 650 feet of
sanitary sewer gravity main and all sewer components incidental thereto, and are more
particularly depicted in Exhibit A, attached hereto.
D. The Developer, pursuant to RCW 35.91.020 and City of Port Orchard
Ordinance 1852, is entitled to reimbursement for a portion of the construction costs of the
Improvements constructed by it that are part of the system. Reimbursement charges are
to be assessed against Benefited Non-Contributing Properties, as defined below, and to be
paid to the City and remitted to the Developer at the time the properties are connected to
the sewer system.
E. The City Council, by Resolution No. 033-06, has authorized the Mayor to
execute this Agreement.
Therefore, in consideration of the mutual promises of the parties and other good and
valuable consideration, the parties hereby agree as follows:
1. All of the recitals set forth above are adopted by the parties as material
elements of this agreement.
2. Cost of Construction. The cost of construction of the Improvements was
Sixty-Five Thousand and 00/100 Dollars ($65,000.00), sales tax included, as itemized in
Exhibit B.
3. Benefited Contributing Properties. Those properties, the legal descriptions
of which are attached hereto as Exhibit C., are owned by the Developer and are
considered benefited contributing properties ("Benefited Contributing Properties") and
thus will not be assessed reimbursement charges pursuant to the terms on this Agreement,
so long as the Benefited Contributing Properties' connections to the System are not
increased in size or capacity from the present size and capacity of those connections. To
the extent that a Benefited Contributing Property increases the size or capacity of its
connection to the System, that Benefited Contributing Property shall become a Benefited
Non-Contributing Property, defined below, for purposes of this Agreement, and shall be
subject to assessment for such increased size or capacity as set forth below.
4. Benefited Non-Contributing Properties. The Benefited Non-Contributing
Properties that are subject to reimbursement charges under this Agreement are set forth
and described in Exhibit E, which are attached hereto and by reference incorporated .
herein.
5. The City has determined and the Owner has agreed that the fair prorata
share of the total project costs of the extension, to be collected from the owner or owners
of the Benefited Non-Contributing Properties prior to connection shall be $20,000 per
acre. Prorated costs for each parcel are described in Exhibit E, which are attached hereto
and by reference incorporated herein.
6. Administrative Costs. Pursuant to Section 6 of Ordinance No. 1852,
Developer shall pay to the City an administrative fee of $25.00 for each tax account
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parcel subject to this Agreement. Developer shall pay this fee, in the amount of $100.00
($25.00 x 4) prior to the Mayor's signing of this Agreement.
7. Right to Reimbursement. The City shall collect, prior to allowing any
Benefited Non-Contributing Property described in Exhibit E to connect to the System, in
addition to all other applicable charges, the assessed charge referenced in Paragraph 5
above, and shall remit the assessed charge, less the City's administrative fee, to the
Developer or its designated successor within 60 days following receipt hereof by the
City.
8. Termination of the Right to Reimbursement. The Developer's right to
collect the sums to. become due and owing under the terms of this Agreement shall
terminate on the 28tJ, day ofA,c.u/'')T , 2021, or upon the City having redesigned and
reconstructed a part of the system so that the improvements constructed by the Developer
are rendered useless, whichever shall sooner occur.
9. Recordation. The Developer shall record this Agreement with the Kitsap
County Auditor's Office at Developer's expense within 30 days of the effective date of
this Agreement and may also record such other notices as are necessary to put owners of
the Benefited Non-Contributing Properties on notice as to the assessments referred to
herein.
10. Notices.
A. All notices to be sent to the Developer, including amounts collected under
this Agreement, shall be sent to the Developer at the following address:
Lee Sebring
PO Box 97
Southworth, W A 98386
B. All notices to be sent to the City shall be sent to the City at the following
address:
City Treasurer
City of Port Orchard
216 Prospect Street
Port Orchard, W A 98366
11. Covenant Running With the Land. This Agreement shall be binding on
the City and the Developer and their respective successors, grantees and assignees and
shall also be binding on the owners of the Benefited Non-Contributing Properties, their
heirs, successors, grantees and assigns. This Agreement shall constitute a covenant
running with all of the Benefited Non-Contributing Properties and the Benefited
Contributing Properties; provided, however, that the Developer, upon giving written
notice to the City's Finance Director, may assign its rights and delegate its duties under
this Agreement to any person. In the event of such assignment, the assignee shall have
all of the rights, duties and obligations of the Developer under this Agreement.
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12. Severability. If any court or tribunal declares any provision of this
Agreement to be invalid, the remaining provisions of this Agreement shall not be affected
thereby. This Agreement, or any part hereof, if determined by law to be invalid, shall not
waive any rights the Developer has to reimbursement of the costs of construction of the
Improvements to the Extent provided for in this Agreement.
DATED as of the day and year first above written.
IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease
the day and year first above Written.
CITY OF PORT ORCHARD
By: --L-t;_·_fl"l.-_~_-:...........!..d¥1~
KIM E. ABEL, Mayor
ATTEST:
MICHELLE MERLINO,
Interim City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Kim E. Abel is the person
who appeared before me, and said person acknowledged that they signed this instrument,
on oath, stated that (s)he was authorized to execute the instrument and acknowledged it
as the Mayor of the City of Port Orchard, respectively to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
DATED: C2-u__ d'f do!J{p
State of Washington
County of Kitsap
) ss.
)
~({}~
Notary Public in and fo~rState r. _ ""
Washington residing at /'LCI teYL.C/
My commission expires 7 0 r
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Page 4 of 5
I certify that I know or have satisfactory evidence that LEE SEBRING is the
person who appeared before me, and said person acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in the instrument.
State of Washington )
) ss.
County of Kitsap )
Notary Public in and for t
Washington residing at --1--'-"::::::7-i'='-~
My commission expires -""4-~1-
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PORT ORCHARD CITY OF
Page 5 of 5
MITCHELL AVE
DEVELOPER EXTENSION AGREEMENT
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The sanitary sewer main is located within the East edge of the Mitchell A venue Right-of-
way.
The assembly consists of approximately 650 feet of sewer main that extends from the
manhole at the SW corner of the property owned by South Kitsap School District #402 to
the City's sewer manhole west of the intersection of Mitchell A venue and Plisko Lane.
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MITCHELL AVE
DEVELOPER EXTENSION AGREEMENT
Project Costs:
EXHIBITB
PROJECT COSTS
1. Engineered Sewer Plans $ 9,000.00
$55,000.00
$ 1,000.00
2. Contractor Costs
3. Attorney Fees
Total Cost $65,000.00
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MITCHELL AVE
DEVELOPER EXTENSION AGREEMENT
EXHIBIT C
BENEFITED CONTRIBUTING PROPERTIES
Section 25 Township 24North, Range 1 East Situated in Kitsap County
Parcel ID # 252401-3-008-2004-Parcel Area= .74 acre
BAAP 380FT N OF SW COR OF SD SE1/4 SWl/4 E 335FT N 120FT W 335FT S 120FT
TO POB EX THE FOLG DES TR BAAP 380FT N OF SW COR OF SE1/4 SW1/4
RUNG ELY APPROX 30FT TO THAT CERTAIN RD KNOWN AS MITCHELL RD
NELY ALG SD CORD APPROX 125FT TO APT WH IS 45FT MIL E OF HEMLOCK
AVE WL Y ALG SD LN TO HEMLOCK AVE 45FT MIL SLY ALG SD AVE 120FT TO
POB EX MITCHELL RD TGW THATPT OF V AC CO RD AS PER COMM JRNL
VOL 8/591
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MITCHELL AVE
DEVELOPER EXTENSION AGREEMENT
EXHIBITD
MAP OF BENEFITED NON-CONTRIBUTING PROPERTIES
Section 25 Township 24 North, Range 1 East Situated in Kitsap County
LEGEND
252401-3-008-2004
Go pvri.:l ht Krt:s.a p Go u ntv 2004
••••
Benefited Contributing Properties
Benefited Non-Contributing Properties
Proposed Location of New Sewer Main
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PORT ORCHARD CIT\' OF AGMT $73 . && Kit. sap Cc,, WA
MITCHELL AVE
DEVELOPER EXTENSION AGREEMENT
EXHIBITE
BENEFITED NON-CONTRIBUTING PROPERTIES FEE ANALYSIS
ASSESSOR NUMBER
252401-3-007-2005
252401-3-011-2009
252401-3-013-2007
252401-3-003-2009
Total
Total Cost: $50,200
Total Acreage: 2.51 acres
Cost per Acre: $20,000
BENEFITTED PROPERTIES
ACREAGE NON-CONTRIBUTING LATECOMER FEE
0.86 X $17,200
0.78 X $15,600
0.26 X $5,200
0.61 X $12,200
2.51 $50,200
**The contributing parcel #252401-3-008-2004 (Sebring) will pay its share of
$14,800 as part of the up-front cost to install the main and other appurtenances.
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PORT ORCHARD C ITV OF AGMT $?3 . ~~ K i \.sap Co.. l~A