RES 99-22 APPROVAL OF LATECOMER'S AGREEMENT FOR DICK BOWEN OF LESLIE LANDING RESOLUTION NO. 99-22
A RESOLUTION of the City of Bainbridge Island, Washington,
sett'mg a public hearing on a Latecomers reimbursement charge
for a portion of Shepard Way.
WHEREAS, Richard G. Bowen, the developer of Leslie Landing, entered into a
City Stan_ct_ard Developer Agreement to pave as portion of Shepard Way, a public Right-
of-way; and
WHEREAS, the Developer requests the approval of the City's standard
Latecomers Agreement (LCA) to partially recover some of his capital costs while
bene~ting the adjacent property owners; and
WHEREAS, a Public Hearing is required to foxrealize such Latecomers Agreement,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASItlNGTON, BOES RESOLVE AS FOLLOWS:
1. Schedule a Public Hearing for such a latecomer's agreement before the
City Council at 7:00 PM, Wednesday, October 13, 1999.
2. Direct the City Clerk to provide notification of said public heating.
PASSED by the City Council this 11th day of August, 1999.
APPROVED by the Mayor this 12m day of August, 1999.
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 99-22
DWIGHT SUTTON, Mayor
August 4, 1999
August 11, 1999
RECEIVED
JUN 19 1998
LATECOMER REIMBURSEMENT AGREEMENT PW/ENG
(DELAYED BENEFIT CHARGE)
TH s AG.EEME.T is t b ve as at the tq day of
and between ~ ("Owne~') and CITY OF BAINBRIDGE ISLAND,
WASHINGTON, a munici~l corporation of the State of Washington ("Ci~').
RECITALS
The Owner and the City have 'entered into a Developer Extension
Agreement ('~xtenslon Agreement") for the construction and installation
of facilities in order to provide service to the Owners property.
In Accordance with the Extension Agreement, the Owner has installed
and constructed the nwater, gsewer, astorrn and surface water and/or
)f, foadway facilities described in Exhibit A, attached hereto and made a
pad hereof ("Facilities").
The Owner has requested the City to Collect a portion of the total cost of
the Facilities from property owners who subsequently connect to or use
the facilities and who did not contribute to the original cost of the
facilities and reimburse that amount to the Owner.
De
The City has reviewed documents submitted by the Owner regarding the
cost of the Facilities for purposes of providing reimbursement to the
Owner. ,
The City has established a reimbursement area for purposes of providing
reimbursement to the Owner.
The parties desire to enter into an agreement to provide reimbursement
to the Owner pursuant to Chapter 35.91 RCW and Sections 13.10.050 and
13.16.020 of the Bainbridge Island Municipal Code.
TERMS AND CONDITIONS
IN CONSIDERATION of the following terms and conditions, the parties agree as
follows:
!. Reimbursement Authorized. Within a ten year period following the
effective date of this Reimbursement Agreement, the City shdll collect from the
owners of real property described in Exhibit B, attached hereto and made a
pod hereof, and reimburse to the Owner, the reimbursement amounts (delayed
benefit charges) described in Section 2.
2. Cost of~r 'ities: mount of Reimbursement. The app.~oved total
subject to reimbursement from the owners of real property descd~"~ i'~'~'hibit B.
The formula fir determining the amount .of reimbursement fo be paid by such
owners is set fodh on Exhibit C, attached hereto and made a pad hereof. The
reimbursement amounts shall not accrue interest.
3. ' Method of Reimbursement. The City shall collect the reimbursement
amounts from the owners of real property described in Exhibit B in accordance
with Exhibit C prior to the connection of the property to the City's system. Before
transmitting the reimbursement amount to the Owner, the City shall deduct an
amount equal to ten percent thereof to cover the administrative costs to the
City of handling such reimbursement. The remaining amount shall be paid to
the Owner within sixty (60) days of receipt at the following address:
OWNER:
1"he City shall pay the reimbursement to the Owner unless the City determines, upon
written proof satisfactory to the City, that another person requesting payment is legally
entitled to receive the reimbursement by contract or operation of law. If payment
cannot be made to the address listed above or to any new address for the Owner
provided to the City in writing, the City shall not be responsible for locating the Owner or
its assigns or successors in interest. If any reimbursement amount remains unclaimed
within three years of receipt by the City, such amount shall become the property of the
City. If any dispute arises pdor to payment as to the proper person to receive payment,
the City may intrepid the funds into the Kitsap County Superior Cud and be relieved of
any further obligation or liability under this Reimbursement Agreement or for making such
payment.
4. Liens; Satisfaction. The reimbursement amounts due and owing to the
Owner from owners of real property described in Exhibit B shall be a lien and
servitude upon that real property. Upon payment, the City shall discharge and
satisfy the lien of record.
5. Entire Agreement: Binding Nature. This Reimbursement Agreement
constitutes the entire agreement between the parties concerning
reimbursement for a pro-rata share of the total cost of the Facilities, and is
binding upon the heirs, executors, administrators, successors and assigns of the
part, es.
STATE OF'WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certity that l know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she
signed this instrument, on oath stated that he/she was authorized to execute the
instrument and acknowledged it as the rluJ
to be the free and voluntary act of such corporation for the uses and purposes
mentioned in the instrument.
Notary Public in and for the State ot Washington,
Residing at Q L] i LC e ,kj ~
My Appointment Expires Z_/_ 5'-(:~ /
(:}:~m~slm~ev E~t A~e~mem.doc
EXHIBIT A TO REIMBURSEMENT AGREEMENT
A,~l[-oved Reimbursable Item
Appmved Reimbursable Cost
Facilities
Aplmrtenances
D~gn
Enlineering
R~toration
$
$ 5'~ oo0, oO
$
$
$
XotalneimbursableCost $ ~'71 ~61, O0
EXHIBIT B TO REIMBURSEMENT AGREEMENT
No.
Tax Lot Number
9:J~5'ok--q-117- ;~oo6
Ownership Name
10.
EXHIBIT C TO REIMBURSEMENT AGREEMENT
Fouaula for determining reimbursement amount due from property
owners who subsequently connect to or use the Facilities, and who did not contribute to the
original cost of the Facilities:
DELAYED BENEFIT CHARGE
(Based on the # of lots contained in each parcel that wffi benefit from the Facility)
Ownornll~p Name
$chneider Homes, Inc.
PNEC Corporation
Richard G. Bowen
(Le~ Landing)
Tax Lot Number
272502-4-117 -2006
272502-4-005-2001
272502-4-153-2001
Number of Iots Apportioned
Accessim~ Via Costs
Shepard Way
12 $26,751
2 $4,459
12 $26,751
26 $57,961
033
034
055
117
240'
ITS OF 1997
SHEPARD WAY
173' -,
STREET IMPROVEMENTS
006
LESL/E
LAND/NC
I EXPIRES: JUNE 7. 1998
SHEPARD WAY
ROAD FRONTAGE EXHIBIT