RES 99-32 LATECOMER'S AGREEMENT FOR DAVID SPELLMAN, DEVELOPER OF ANNIE ROSE LANERESOLUTION NO. 99-32
A RESOLUTION of the City of Bainbridge Island approving a latecomer
agreement for improvements made to the City's transportation and utilities
system.
WHEREAS, David Spellman, the developer of Annie Rose Lane, entered into a
city Standard Developers Agreement for the utilities (water & sewer) extension, drainage
improvements, and paving of Annie Rose Lane, a public fight-of-way, and
WHEREAS, a Public Hearing is required to formalize such latecomer's
agreement.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Schedule a Public Hearing for such a Latecomers Agreement before the City
Council on Wednesday, January 12, 1999.
2. Direct the City Clerk to make the required notifications.
PASSED by the City Council this 23rd day of November, 1999.
APPROVED by the Mayor this 24th day of November, 1999.
SUTTON, Mayor
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
November 17, 1999
November 23, 1999
99-32
LATECOMER REIMBURSEMENT AGREEMENT (DELAYED BENEFIT CHARGE)
THIS AGREEMENT is to be eft~ctive as of the'~q'i~aY of ~e ~. ,tqqq, by and
between ,% ~:\kwmh Co r~vudtxo~x , ("Owner") and CITY OF 'BAgNBRIDGE ISLAND,
WASHIN~gON, a municil~al corporation of the State of Washington ("City").
RECITALS
A. The Owner and the City have entered into a Developer Extension Agreement
("Extension Agreement") for the construction and installation of street improvements.
B. In accordance with the Extension Agreement, the Owner has installed and
constructed the street improvements described in Exhibit A, attached hereto and made a part
hereof ("the Project").
C. Pursuant to Chapter 35.72 RCW, the Owner has requested the City to collect a
portion of the total construction and administration costs of the Project from property owners
who (1) are determined to be within the assessment reimbursement area of the Project; (2) are
determined to have a reimbursement share based upon a benefit to the property owners; (3) did
not contribute to the original cost of the street and reimburse that amount to the Owner; (4)
subsequently develop their property within a 15-year period; and (5) at the time of
development will not be required to install similar street projects because they have been
already provided by the Extension Agreement.
D. The City has reviewed documents submitted by the Owner regarding the cost of
the street improvements and has determined the total reimbursement share for purposes of
providing reimbursement to the Owner.
E. Pursuant to notice and a public hearing, if requested, the City has established a
reimbursement area for purposes of providing reimbursement to the Owner.
F. The parties desire to enter into an agreement to provide reimbursement to the
Owner pursuant to Chapter 35.72 RCW.
TERMS AND CONDITIONS
IN CONSIDERATION of the following terms and conditions, the parties agree as
follows:
1. Reimbursement Authorized. Within a 15-year period following the effective
date of this Reimbursement Agreement, the City shall collect from the owners of real property
DOCS\94700\106\0185054.01 09/27/99 - 21 -
described in Exhibit B, attached hereto and made a part hereof, and reimburse to the Owner,
the reimbursement amounts (delayed benefit charges) described in Section 2.
2. Cost of Street Improvements; Amount of Reimbursement. The approved total
cost of the street improvements is $ b&,, ~t4.'L , of which $ &L,'~ I~'- 2 is subject to
reimbursement from the owners of real property described in Exhibit B. The formula for
determining the amount of reimbursement to be paid by such owners is set forth on Exhibit C,
attached hereto and made a part hereof. The reimbursement amounts shall not accrue interest.
3. Method of Reimbursement. The City shall collect the reimbursement mounts
from the owners of real property described in Exhibit B in accordance with Exhibit C prior to
issuance of any permit and approval for development of that property. Before transmitting the
reimbursement mount to the Owner, the City shall deduct an mount equal to ten percent
thereof to cover the administrative costs to the City of handling such reimbursement. The
remaining mount shall be paid to the Owner within sixty (60) days of receipt at the following
address:
Owner:
The 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
mount shall become the property of the City. If a dispute arises prior to payment as to the
proper person to receive payment, the City may interplead the funds into the Kitsap County
Superior Court 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 street improvements, and is binding upon the heirs, executors, administrators,
successors and assigns of the parties.
6. Recording. This Reimbursement Agreement shall be recorded in the office of
the Kitsap County Auditor at Owner's expense.
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OWNER ACCEPTED BY CITY OF BAINBRIDGE ISLAND
By
Its
By
Its Mayor
STATE OF WASHINGTON
COUNTY OF KITSAP
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Mayor of
the City of Bainbridge Island, Washington, to be the free and voluntary act of such municipal
corporation for the uses and purposes mentioned in the instrument.
Dated
Notary Public in and for the State of Washington,
residing at
My Appointment Expires
STATE OF WASHINGTON
COUNTY OF KITSAP
I certify that I 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
of to be the free and voluntary act of such corporation for the
uses and purposes mentioned in the instrument.
Dated
Notary Public in and for the State of Washington,
residing at
My Appointment Expires
DOCSX94700\106\0185054.01 09/27/99 - 23 -
EXHIBIT A TO REIMBURSEMENT AGREEMENT
Approved Reimbursable Item
Approved Reimbursable Cost
Street Improvements
Other
$
Design
Engineering
Legal
Restoration
$
Total Rehnbursable Cost
DOCS\94700\106\0185054.01 09/27/99 - 24 -
EXHIBIT B TO REII%IBURSEI%IENT AGREEMENT
No.
o
o
,
o
o
o
\
Tax Lot Number G.2/~,~/,
229,,S69,-\-o'-~'7- 2000
9-'7XS09,- k-- o~SSx - :Xoc,3
~qDg,$6,X- t - I q, 5' -2~DO '2
;xn'2,So'x- \ -
Ownership Name
C-~,?e___Xkvvxq.,vk
Cc--,vxS~Ckjc~ <(..),v-x
10.
EXHIBIT C TO REIMBURSEMENT AGREEMENT
Formula for determining reimbursement amount due from property owners who
subsequently connect to or use the street improvements and who did not contribute to the original
cost of the improvements:
DOCS\94700\106\0184489.02 09116/99 - 23 -
LATECOMER REIMBURSEMENT AGREEMENT
(DELAYED BENEFIT CHARGE)
THIS AGREEMENT is to be effective as of the qa, q ~'' day of Se '~,, 19qq ,by and
between ~o~e_k~ Co~xs-b~cl~(ovx, ("Owner") and CITY OF BAINB~CIBGE ISLAND,
WASHINGTON, a municipal corporation of the State of Washington ("City").
RECITALS
The Owner and the City have entered into a Developer Extension
Agreement ("Extension Agreement") for the construction and installation
of facilities in order to provide service to the Owner's property.
In Accordance with the Extension Agreement, the Owner has installed
and constructed the ~ water, [Z'sewer, [ii!(storm and surface water facilities
described in Exhibit A, attached hereto and made a part 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.
The City has reviewed documents submitted by the Owner regarding the
cost of the Facilities and has determined the total cost of the Facilities for purposes
of providing reimbursement to the Owner.
Eo
Pursuant to notice and a public hearing, 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:
1. Reimbursement Authorized. Within a 15 year period following the
effective date of this Reimbursement Agreement, the City shall collect from the
owners of real property described in Exhibit B, attached hereto and made a
part hereof, and reimburse to the Owner, the reimbursement amounts (delayed
benefit charges) described in Section 2.
2. Cost of Water Facilities: Amount of Reimbursement. The approved total
cost ofthe Facilities is $._I q'10'~ .q ,.~'4 , ofwhich $._[Tr_O25q.°° is
subject to reimbursement from the owners of real property described in Exhibit B.
The formula for determining the amount of reimbursement to be paid by such
owners is set forth on Exhibit C, attached hereto and made a part hereof. The
reimbursement amounts shall not accrue interest.
3. Cost of Storm Water Facilities; Amount of Reimbursement. The approved total
cost of the Facilities is $ 5, cl ~ ."~ ~' , of which $ ~, q ~c~ .3'~ is
subject to reimbursement from the owners of real property described in Exhibit B.
The formula for determining the amount of reimbursement to be paid by such
owners is set forth on Exhibit C, attached hereto and made a part hereof. The
reimbursement amounts shall not accrue interest.
4. Cost of Sewer Facilities: Amount of Reimbursement. The approved total
cost ofthe Facilities is $ IF~t~'ko'5~ , ofwhich $ \~.~\ \'~ ,?7 is
subject to reimbursement from the owners of real property described in Exhibit B.
The formula for determining the amount of reimbursement to be paid by such
owners is set forth on Exhibit C, attached hereto and made a part hereof. The
reimbursement amounts shall not accrue interest.
5. 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:
The 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 prior to payment as to the proper person to receive
payment, the City may intrepid the funds into the Kitsap County Superior Curt 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
satisf)' the lien of record.
5. Entire A.~;reement; 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
parties.
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I 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 of
to be the free and voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
Dated:
Notary Public in and for the State of Washington,
Residing at
My Appointment Expires
City of Bainbridge Island
PUB L I C W 0 RKS D E PAR TME N T
.MEM'ORA ND UM
. .... .... .........'. ..
............
TO2
FROM:
DATE:
Ross Hathaway, P.E.
Michael N. Sprouffske, PLS
16 September, 1999
Annie Rose Lane, Spellman Const. Latecomers Agreement
SLIMMARY OF ALLOWABLE COSTS
FOR WATER, SEWER AND STORMWATER
SANITARY SEWER
1.
o
Olympic Excavation--extend line through Hillandale
Oien Construction--installation
Browne Engineering--design
$ 3,283.00
14,226.00
603.33
STORM SEWER
1.
o
Oien Construction--installation
Browne Engineering--design
5,336.00
603.33
WATER SYSTEM
1.
Oien Construction--installation
Browne Engineering--design
16,431.00
603.34
Total Allowable Costs
$ 41,086.00
JH~xyz
EXHIBIT A TO REIMBURSEMENT AGREEMENT
Approved Reimbursable Item
Facilities
Appurtenances
Other
Design
Engineering
Legal
Restoration
Approved Reimbursable Cost
Total Reimbu,'sable Cost
EXHIBIT B TO REIlVlBURSEMENT AGREEMENT
No.
Tax Lot Number
2"7:kso~---I --!q, 5'-2,Do '7
2008.
Ownership Name
C AUCckAfo ~ ~ofv-
(ovxS4l('uC~ (O',-'x
10.
EXHIBIT C TO REIMBURSEMENT AGREEMENT
Formula for determining reimbursement amount due from property owners who
subsequently connect to or use the street improvements and who did not contribute to the original
cost of the improvements:
(2 T/& /7-7'
l
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