1999 - Resolution - Flower Meadows Developers Extension AgreementRESOLUTION N0.1999
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO SIGN THE FLOWER MEADOWS
DEVELOPERS EXTENSION AGREEMENT.
WHEREAS, RCW 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, pursuant to RCW 35.91 and the City of Port Orchard Ordinance No. 1852,
the developer of Flower Meadows subdivision has fulfilled the required obligations, and is entitled to
reimbursement for the project's sanitary sewer force main and pump station; now, therefore
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
agreement, which provides for reimbursement of Flower Meadow's sanitary
sewer force main and pump station.
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 251h day of November 2002.
~~
LESLIE J. WEATHERILL, MAYOR
PatricraParkS:Citi Clerk
After Recording Return to:
Public Works Director
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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iiARoliEf:JTE CHILDRESS AGMT $47. ~0 Kitsiip Co, 14A
4026-000-001-0001 -See Exhibit "D" for additional Tax Parcel ID Nos~
Legal Description: Lots 1· thiough 63 and associated tracts of Flower Head.o~tls
Subdivision, as approved by City of Port Orchard, Ordinance No. 1792, passed
April 10, 2000.
LATECOMERS AGREEMENT FOR REIMBURSEMENT FOR FLOWER MEADOWS
SANITARY SEWER FORCE MAIN AND PUMP STATION
AND NOTICE OF ADDITIONAL SEWER FACILITY CONNECTION CHARGES
GRANTORS: Childress, Charles and Marguerite, husband and wife
City of Port Orchard, a municipal corporation
GRANTEE: The public
LEGAL DESCRIPTION: Complete legal description is on Exhibit D of document
ASSESSOR'S TAX PARCEL 10#: List of parcel numbers of the benefited non-contributing
properties is on Exhibit D of document
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AGREEMENT, made this I J day of December, 2002, between Charles and
Marguerite Childress, husband and wife ("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 development
known as Flower Meadows.
C. The Improvements consist of the construction of a pump station and force 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 and that exceed the capacity necessary for its
project. Reimbursement charges are to be assessed against Benefited Non-Contributing
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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. 1999, 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 Two
Hundred Seventeen Thousand Eight Hundred Eighty Eight and 00/100 Dollars ($217,888.00),
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 charged 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 Benefrted 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
legally described in Exhibit D which are attached hereto and by reference incorporated herein.
5. The City has determined and the Owner has agreed that the fair pro rata 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 $1452.59 per equivalent residential unit
(ERU). An equivalent residential unit is defined as follows:
Residential property. One ERU equals one dwelling unit, such as a house, apartment, or
mobile home,
Non-residential property. One ERU equals 180 gallons per day of water consumption,
directed to the sanitary sewer system. The ERU consumption is based upon metered
water consumption or comparison to similar accounts when metered water consumption
data is not available.
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 parcel subject to this
Agreement. Developer shall pay this fee, in the amount of $2175.00 ($25.00 x 87) prior to the
Mayor's signing of this Agreement.
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7. Right to Reimbursement. The City shall collect, prior to allowing any Benefited
Non-Contributing Property described in Exhibit D 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 to the Developer or its designated successor within 60 days following
receipt thereof 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 31st
day of December, 2017, upon the Developer having been paid for 87 ERUs, 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. Lien. Assessments against the Benefited Non-Contributing Properties under
this Agreement shall constitute a lien against those properties. The City Attorney shall record
this Agreement with the Kitsap County Auditor's Office 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:
address:
Charles Childress
510 Cedar Canyon Place
Port Orchard, WA 98366
B. All notices to be sent to the City shall be sent to the City at the following
City Treasurer
City of Port Orchard
216 Prospect Street
Port Orchard, WA 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 Treasurer, 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.
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
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t·tfiRGUERITE CHILDRESS AGt·IT $47. Q~ K1 ts.;p Co, IJH
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.
Cl~~
By: ___________ _
LESLIE J. WEATHERILL, Mayor
~,,,/~-MAR ERITE CHILDRESS
PATRICIA PARKS, City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Leslie J. Weatherill is the person
who appeared before me, and said person acknowledged that they signed this instrument, on
oath, stated that 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: __;_:/d=---/;_7:_-()..::..:::c)._:___
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t1ARGUER!TE CHILDRESS AGm :147.88 Kitsap Co. IIR
State of Washington )
) ss.
County of Kitsap )
I certify that I know or have satisfactory evidence that CHARLES CHILDRESS 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.
dated: J/J-/3-Dk-,
State of Washington )
) ss.
County of Kitsap )
~of
Washingt~n ~esidin~ at l?f!Ji3'ff},2ur 1
My comm1ss1on exp1res J · ()<""0
I certify that I know or have satisfactory evidence that MARGUERITE CHILDRESS is the
person who appeared before me, and said person acknowledged that she signed this
instrument and acknowledged it to be her free and voluntary act for the uses and purposes
mentioned in the instrument.
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FLOWER MEADoWS
DEVELOPER EXTENSION AGREEMENT
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The sewer pump station and force main are located in Tract A of Flower Meadows
Subdivision.
The assembly consists of the pump station structure, dual sewage pumps, pump controls
and the force main that extends from the pump station to the City's sewer manhole at the
intersection ofFireweed Road and Sidney Avenue. The sewer manhole at the intersection
ofFireweed road and Sidney Avenue is not included in this improvement.
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FLOWER MEADOWS
DEVELOPER EXTENSION AGREEMENT
Total cost: $217,88.00
Project costs:
I. Site Stabilization
2. Site Preparation
3. Sanitary Sewer
4. Paving and Surfacing
5&6 Pump Station
Total Cost
Sales ta'C
Final Total
EXHIBITB
PROJECI' COSTS
s 8,1 15.00
s 5,625.00
$ 48,954.00
s 13,301.00
s 124,823.50
$200,8 I 8.50
$ 17,069.50
$217,888.00
FLOWER MEADOWS
DEVELOPER EXTENSION AGREEMENT
EXHIBITC
BENEFITED CONTRIBUTING PROPERTIES
Lots I through 63 and associated tracts of Flower Meadows subdivision, as approved by
City of Port Orchard Ordinance 1792, passed April lOrn, 2000.
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FLOWER MEADOWS
DEVELOPER EXTENSION AGREEMENT
EXIDBITD
MAP OF BENEFITED NON-CONTRIBUTING PROPERTIES
Section 2, ToW11Ship 23 North, Range 1 East, Situated in Kitsap County
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LEGEND
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'(' ''ZS Delayed Benefit Area Boundry 73.5 acres
111
• Area oC Property Paying the
Cost of the Work 18.76 acres .J..
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""L.. /ELOPER EXTENSION AGREEIVIENT
EXHIBIT D (
ASSESSOR NUMBERS OF BENEFITED NON-CONTRIBUTING PROPERTIES
022301-2-010-2000 022301-2-101-2000
4026-000-001-0001
4026-000-002-0000 022301-2-011-2009 022301-2-1 02-2009
4026-000-003-0009 022301-2-012-2008 022301-2-106-2005
4026-000-004-0008 022301-2-013-2007 022301-2-111-2008
4026-000-005-0007 022301-2-015-2005 022301-2-112-2007
4026-000-006-0006 022301-2-016-2004 022301-2-113-2006
4026-000-007-0005 022301-2-018-2002 022301-2-114-2005
4026-000-008-0004 022301-2-019-2001 022301-2-135-2000
4026-000-009-0003 022301-2-020-2008 022301-2-136-2009
022301-2-021-2007 022301-2-137-2008
4036-000-001-0009 I 022301-2-143-2000
4036-000-002-0008 022301-2-023-2005 022301-2-144-2009
4036-000-003-0007 022301-2-024-2004 022301-2-166-2002
4036-000-004-0006 022301-2-027-2001 022301-2-167-2001
4036-000-005-0005 022301-2-028-2000 022301-2-168-2000
4036-000-006-0004 022301-2-029-2009 022301-2-169-2009
4036-000-006-0103 022301-2-030-2006 022301-2-172-2004
4036-000-008-0002 022301-2-031-2005 ---. ----
4036-000-009-0001 022301-2-032-2004
4036-000-010-0008 022301-2-033-2003 022301-3-019-2009 r \ ·.
4036-000-012-0006 022301-2-034-2002 022301-3-020-2006
4036-000-013-0005 022301-2-035-2001 022301-3-021-2005
4036-000-014-0004 022301-2-036-2000 022301-3-022-2004
4036-000-015-0003 022301-2-037-2009 02230 1-3-040-2002
4036-000-016-0002 022301-2-038-2008 022301-3-041-2001
4036-000-017-0001 022301-2-039-2007 022301-3-042-2000
4036-000-018-0000 022301-2-040-2004 022301-3-086-2007
022301-2-041-2003 022301-3-087-2006
022301-2-043-2001 022301-3-088-2005
4041-000-001-0002 022301-2-044-2000 022301-3-089-2004
4041-000-002-0001 022301-2-070-2007 022301-3-090-2001
4041-000-003-0000 022301-2-076-2001 022301-3-091-2000
4041-000-004-0009 022301-2-077-2000 022301-3-092-2009
4041-000-005-0008 022301-2-078-2009 022301-3-093-2008
4041-000-006-0007 022301-2-080-2005
4041-000-007-0006 022301-2-081-2004 022301-4-082-2009
4041-000-008-0005 022301-2-082-2003
022301-2-083-2002
022301-2-001-2001 022301-2-087-2008
022301-2-005-2007 022301-2-088-2007
. ---· . "' '
022301-2-089-2006
022301-2-008-2004 022301-2-090-2003
022301-2-009-2002 022301-2-091-2002
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