HomeMy WebLinkAboutca5AFTER. RECORDING RETURN TO:
City Attorney
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
Abbreviated legal description(s): Lots 1 and 2, Kozelisky Long Plat; Tax Parcels 36 and 37,
Section 8, T30 R1 W, SE '/ Section; Lot 2, Norcutt Short Plat, Jefferson County, Washington.
Affects Assessor's Tax Parcel No(s): 965-600-002, 965-600-001, 001-084-013, 001-084-015,
001-084-012
LATECOMER AGREEMENT: WATER LINE IMPROVEMENTS
This Agreement is made this day of 2010, by and between
Jefferson County, referred to as "Contractor" for convenience, and the City of Port Townsend, a
Washington municipal corporation, referred to as "City" for convenience.
As required by the City, Contractor has constructed or caused to be constructed an 8-.inch
water line improvement ("the utility line") connected to the City's water distribution system in
order to extend service to the area in which Contractor's real property is located.
The construction of the utility line by Contractor will provide a benefit to certain other
real property not owned by Contractor in the area of the utility line that is adjacent to or likely to
require a connection to the utility line in order to be developed.
Contractor and the City desire to enter into an Agreement, pursuant to RCW 35.91, as
amended, and PTMC Chapter 13.04, to partially reimburse Contractor for the costs of
constructing the utility line. PTMC Chapter 13.04 is incorporated herein by this reference.
Now, therefore, Contractor and the City agree as follows:
1. UTILITY LINE DESCRIBED. The utility line constructed by Contractor is
approximately 1,660 feet in length beginning at its connection to the City's existing water
distribution system in the intersection of Jacob Miller and Landfill Road and generally extending
in the right-of--way for Landfill Road within the water service area of the City of Port Townsend.
2. REIMBURSEMENT OBLIGATION. Until the expiration of this Agreement,
Contractor and the authorized assigns of Contractor shall be reimbursed by the owner of real
property within the benefit reimbursement area described herein that is subsequently connected
to or uses the utility line; a parcel that is not included in the benefit reimbursement area may not
connect to the utility line.
3. TERM: MODIFICATION. This Agreement shall be in effect for 15 years from
the date the improvements were substantially complete or until such time as Contractor has
received all reimbursements to which Contractor is entitled by this Agreement, whichever shall
first occur. If the City Public Works Director determines that all or any portion of the utility line
is rendered useless by reason of redesign or reconstruction, then the City's obligation to collect
reimbursements pursuant to this Agreement shall terminate to the extent of such determination.
4. LIMITATIONS. Extensions of the utility line are not subject to the
reimbursement provisions of this Agreement. The reimbursement provisions of this Agreement
do not apply to any real property along the utility line purchased from Contractor after
construction of the utility line. If two or more adjoining parcels within the benefit
reimbursement area are under the same ownership, and a connection or use of the utility line
benefits improvements legally situated entirely within the boundaries of less than all such
adjoining parcels, the reimbursement amount shall be calculated based on the parcel(s) within
which the improvements are situated.
5. BENEFIT REIMBURSEMENT AREA: AMOUNTS. In accordance with PTMC
13.04.060, a benefit reimbursement area has been determined to include the following parcels of
real property, each of which is subject to the indicated latecomer reimbursement amount:
A. Parcel #965-600-002, Lot 2, Kozelisky Long Plat, as per plat recorded in Volume
6 of Plats, Page 94 of Jefferson County, Washington.
B. Parcel #965-600-001, Lot 1, Kozelisky Long Plat, as per plat recorded in Volume
6 of Plats, Page 94 of Jefferson County, Washington.
C. Parcel #001-084-013, Tax Parcel 37, Section 8, T30 R1 W, SE % Section
Jefferson County, Washington.
D. Parcel #001-084-015, Lot 2, Norcutt Short Plat, Volume 3 of Plats, Page 128 of
Jefferson County, Washington.
E. Parcel #001-084=0~2, Tax Parcel 36, Section 8, T30 R1 W, SE % Section
Jefferson County, Washington.
The cost of the improvements has been apportioned among the benefited properties as
shown on the attached Estimated Reimbursement Calculation.
Owner Name Parcel # $ /Frontage
Foot # of Frontage
Feet Total $
McCann 965-600-002 $44.37 312 $13,843.44
Nolan 965-600-001 $44.37 428 $18,990.36
Ankerbrand 001-084-013 $44.37 337 $14,952.69
Norcutt 001-084-015 $44.37 330 $14,642.10
Norcutt 001-084-012 $44.37 317 $14,065.29
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The amount set faith above are subject to an administrative surcharge, payable to the City
by the connecting property owner pursuant to PTMC 13.04.120B. Unless otherwise specified in
this Agreement, the amount of such surcharge is 10% of the reimbursement amount, or $20.00,
whichever is greater.
6. CERTIFICATE OF PAYMENT. Upon request, the City shall provide a
certificate of payment to an owner of a parcel of real property for which the payment due
pursuant to this Agreement has been received by the City; the certificate maybe recorded at the
owner's expense.
7. EFFECTIVENESS. The provisions of this Agreement shall not be effective with
respect to any owner of real property other than Contractor unless this Agreement has been
recorded in the office of the Jefferson County Auditor prior to the time there is a connect to or
use of the utility line by an owner of real property other than Contractor.
8. ACCEPTANCE: CONTRACTOR'S WARRANTY. Upon completion of the
utility line by Contractor, the City may approve the construction in writing and thereby accept
the utility line as a facility of the City. To be accepted, the utility line must conform to all
applicable specifications, standards, regulations, laws and ordinances. As a condition of
acceptance, Contractor shall warrant that the utility line is fit for use as part of the City's water
distribution system. For the period of 1 year measured from the date of acceptance, Contractor
shall remain responsible for all work found to be defective. Subject to the foregoing, the City
shall bear all maintenance and operation costs of the utility line from and after the date of
acceptance. In consideration of the benefits to be derived from City utility service, and in further
consideration of the terms and conditions of this Agreement, Contractor agrees to execute and
deliver to the City such documents as maybe necessary to transfer ownership of the utility line
to the City upon acceptance.
9. UTILITY CHARGES. From and after the date the utility line is put into service,
the City shall charge for its use such rates and charges as the City may by law be authorized to
establish. Billing for utility charges attributable to the utility line may not be deemed or
construed to constitute acceptance of the utility line by the City.
10. INDEMNIFICATION: HOLD HARMLESS. If any lien against the utility line is
asserted after its acceptance by the City and the basis for such lien arose on or prior to the date of
acceptance, Contractor shall indemnify and save harmless the City from any loss on account
thereof. During construction of the utility line and for the duration of the 1 year warranty period
described above, Contractor shall indemnify, defend and hold harmless the City from any and all
liability, claims-and costs, including but not limited to reasonable fees for legal services, arising
directly or indirectly out of the construction or use of the utility line. If the City incurs any
expense in defense against any such lien or claim, or in taking any other action that is required of
Contractor under this Agreement, the City shall have a lien in the full amount thereof against any
funds then or thereafter collected by the City pursuant to this Agreement.
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11. ENFORCEMENT. No person or legal entity may be granted a permit or
otherwise be authorized to connect to the utility line during the term of this Agreement without
first paying to the City, in addition to any and all other costs and charges made or assessed for
such connection or for any other utility line or facility constructed in connection therewith, the
amount set forth in this Agreement. If any connection is made to the utility line without such
payment having first been made to the City, the City may remove or cause to be removed such
unauthorized connection and all connected the or pipe located in the public right-of--way, and
dispose of such materials so removed without any liability whatsoever.
12. PAYMENT TRANSMITTAL. Payments received by the City pursuant to this
Agreement shall be transmitted to Contractor by Certified Mail at the address furnished by
Contractor within 60 days of receipt, subject to the administrative surcharge authorized by
PTMC 13.04.120B and 12.26.130B. It is the responsibility of Contractor to advise the City of
any change in Contractor's .mailing address at all times during the term of this Agreement, and
further: Every two years from the date the agreement is executed the Contractor shall provide
the City with information regarding the current agreement name, address, and telephone number
of the person, company, or partnership that originally entered into the agreement. If the
Contractor fails to comply with the notification requirements of this subsection within sixty days
of the specified time, then the City may collect any reimbursement funds owed to the Contractor
under the Agreement. Such funds must be deposited in the capital fund of the City. If there is a
valid assignment or transfer of Contractor's rights, whether voluntary or involuntary, the City
shall thereafter pay any benefits accruing, after notice, to the successor of Contractor, subject to
the terms of this Agreement.
13. BINDING EFFECT: This Agreement shall be binding upon Contractor,
Contractor's heirs, personal representatives, successors in interest and assigns, and the successors
in interest and assigns of the City.
14. CREATION OF LIEN. The terms and conditions contained in this Agreement
constitute covenants running with the land. The amount of any payment due pursuant to this
Agreement until fully paid shall be a lien against the real property connected to the utility line
and such lien shall have priority over all other liens and encumbrances except liens for taxes or
special assessments imposed by governmental authority.
15. GENERAL PROVISIONS. This Agreement shall be governed by the laws of the
State of Washington. Venue for any legal action regarding this Agreement shall be Jefferson
County. If any term or provision of this Agreement is in whole or in part held to be invalid or
unenforceable by any Court of competent jurisdiction, the remainder of this Agreement shall not
be affected thereby, and shall continue in full force and effect. The failure of the City to take
action to enforce any term or condition of this Agreement in any particular instance shall not be
deemed or construed to be a waiver of the right of the City to take such action in the future.
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IN WITNESS WHEREOF, Contractor and the City have signed this Agreement as of the
date first appearing above.
CONTRACTOR
JEFFERSON COUNTY
CITY OF PORT TOWNSEND
David G. Timmons, City Manager
David Sullivan, Chair
Phil Johnson
Approved as to form:
John P. Watts, City Attorney
Attest:
John Austin
Approve as to form:
~ ~ ~~ ~~
STATE OF WASHINGTON )
County of
ss.
Pamela Kolacy, City Clerk
On this day of , 2010 before me personally appeared David
Sullivan, Phil Johnson and John Austin each one known to me to be one of the duly elected, qualified and
acting County Commissioners of County, Washington, who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said County,
for the uses and purposes therein mentioned, and each on oath stated that was/were authorized to execute
said instrument by resolution of the Board of County Commissioners of said County.
DATED this day of
2010.
Signature
Print name
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
5
STATE OF WASHINGTON )
ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that David G. Timmons, City Manager, is the person
who appeared before me, and said person acknowledged that he executed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned.
DATED this day of 2010.
Signature
Print name
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
STATE OF WASHINGTON )
ss.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that Pamela Kolacy is the person who appeared before
me, and said person acknowledged that she executed this instrument and acknowledged it to be her free
and voluntary act for the uses and purposes therein mentioned.
DATED this day of 2010.
Signature
Print name
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
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