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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. DOCg94700\106\0185054.01 09/27/99 - 22 - 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 DOCS\94700\106\0184489.02 09116/99 - 23 -