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DEVELOPERS REIMBURSEMENT AGREEMENT & APPLICATION for the Southridge Sub Area Plan (adopted May 3, 2005) ---PAGE BREAK--- DEVELOPERS LATECOMERS REIMBURSEMENT AGREEMENT APPLICATION by Resolution No. 05-16 KMC 5.60* *Use separate form for sanitary sewer construction serving existing residential lots developed before 1995. See KAC 12-88 and KMC 5.64 Project Location/Name Date Application Received Improvement Type (water, sanitary sewer, storm sewer, or street when the street is located within Southridge Sub Area Plan) Applicant Name Address Phone No. Fax No. E-mail address Letter requesting that the City consider forming a Latecomers Reimbursement Agreement, with explanation and justification of why one should be considered. (See note*) Minimum Application fee – $500 for each separate utility (water, sewer, storm); $1,000 for street system improvement, plus $200 for each separate parcel in the benefit area. Fees adjusted annually for inflation from date of KMC 5.60 Legal description of property to be served Project Plans Site plan Map, or diagram of the proposed project location and proposed assessment reimbursement area, prepared by a licensed engineer Ownership reports on properties within the proposed benefit area describing the number, size, and owners of the properties Engineer prepared cost estimate for the total project, based upon the plans prepared by a civil engineer. Cost estimate for the portion of the project estimated to benefit other properties and exceeding the requirements for the development of the developer’s property in conformance with AASHTO design standards, City standards, and ordinances. * Note: At a minimum, the project must include improvements, which utilize private funds to install public water, sanitary sewer, or storm sewer improvements and appurtenances, with the estimated future benefit to other properties costing more than seven thousand dollars ($7,000) or 5% of the developer’s similar utility cost, whichever is greater. Said $7,000 limit to be adjusted annually from the date of the ordinance creating KMC 5.60, or the latest amendment thereto, in accordance with the ENR (Engineering News Record) Seattle Construction Cost Index. Or, collector or arterial street system improvements, when the street is located within the Southridge Sub Area Plan, as adopted May 3, 2005 by Resolution No. 05-16, with the estimated future benefit to other properties costing more than One Hundred Thousand Dollars ($100,000.00). ---PAGE BREAK--- DEVELOPER PRELIMINARY LATECOMERS REIMBURSEMENT AGREEMENT - KMC 5.60 Facility Contract Water or storm sewer or sanitary sewer or collector or arterial street when street is in the adopted Southridge Sub Area Plan, as adopted May 3, 2005 by Resolution No. 05-16. THIS AGREEMENT entered into this date by and between the City of Kennewick, Washington hereinafter called “City,” and hereinafter called “Owner;” WITNESSETH: WHEREAS, the City has, by resolution adopted by the City Council, on the day of 20 approved the construction of facilities by the Owner(s) to a certain tract of land and established a preliminary or land assessment reimbursement area and preliminary pro rata share of costs, NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. Owner(s) of land herein described and set forth in Exhibit A shall construct at his (their) expense, the facility as per construction plans signed and approved by the City Engineer and as described in Exhibit A. Said facility shall be constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the City Engineer or his agent. Exhibit A: includes legal description of owner property together with a written description of the improvements proposed to be constructed, that will benefit the properties in the reimbursement area, together with a legal description of the property(s) that have contributed to the cost of the improvements. 2. It is the intent of the Developer Preliminary Latecomers Agreement, that for a period of ten (10) years from date of the City Council’s adoption of the Final Latecomers Reimbursement Agreement, that any person, firm, or corporation owning real estate and not contributing to the original cost of such facility, who subsequently connects into or uses the same, shall pay a fair pro rata share of the cost of construction of said facility in accordance with the schedule and reimbursement area map set forth in Exhibit B, which is attached hereto and incorporated herein by reference as though fully set forth. Exhibit B: includes a description of each tract of land within the reimbursement area, with the preliminary assessment amount contemplated to be assessed against each property. (Preliminary reimbursement area assessment roll). 3. Upon completion of construction of the extension and its acceptance by the City Engineer, the facility shall become a part of the municipal system of the City. Maintenance and operation costs of said facilities after acceptance shall be borne by the City, except for work and corrections covered by the contractor’s one-year warranty bond. 4. It is the intent of the Developer Preliminary Latecomers Reimbursement Agreement that following completion of construction and passage of a Developer Final Latecomers Reimbursement Agreement, by the City Council, that no person, firm, or corporation shall be granted a permit or be authorized by the City to connect into or use any such facility, or extensions thereof, during the period of time prescribed in Paragraph of this contract without first paying to the City, in addition to any and all other costs and charges made and assessed for such connection or use, the amount required by the provisions of the contract under which the facility so connected onto or used or constructed, as set forth in Exhibit B. All amounts so received by the municipality, less a handling, processing and administration fee ---PAGE BREAK--- equal to ten percent (10%) of the reimbursement collected, shall be remitted to the Owner(s) or assignee within sixty (60) days after the receipt thereof. After expiration of this time prescribed in Paragraph 2 of the contract, City standard fees in effect at the time will apply. 5. It is the intent of the Developer Preliminary Latecomers Reimbursement Agreement, that following passage of a Developer Final Latecomers Reimbursement Agreement by the City Council, that whenever any connection is made onto the facility described in Paragraph under this contract without such payment having first been made in accordance with Exhibit B, the City may remove or cause to be removed, such unauthorized connection and all connecting lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. Owner(s) hereunder is/are an independent contractor and not an agent or employee of the City. 7. Owner(s) agree to pay to the City a handling, processing, and administrative fee of ten percent (10%) of all reimbursements collected by the City on behalf of the owner. 8. Owner(s) release and waive any claims for any liability of the City, its officials, agents, and employees in the establishment and enforcement of the Developer Preliminary and Final Latecomers Reimbursement Agreement. 9. It is the intent of the Developer Preliminary Latecomers Reimbursement Agreement that following completion of construction and passage of a Developer Final Latecomers Reimbursement Agreement, by the City Council, that the City shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through a Developer Final Latecomers Reimbursement Agreement. Any funds collected under the Developer Final Latecomers Reimbursement Agreement that are unclaimed by Owner(s) after ninety (90) days from the payment of each latecomers assessment, shall be returned to the parties making payment to the City, if they may be reasonably found, minus a ten percent (10%) city handling, processing and administration fee. After one hundred and twenty (120) days from the payment of each latecomers assessment, any remaining undeliverable funds shall inure to the benefit of the appropriate utility and/or fund approved by City Council. 10. It is the intent of the Developer Preliminary Latecomers Reimbursement Agreement that following completion of construction and passage of a Developer Final Latecomers Reimbursement Agreement, by the City Council, that the City in no way guarantees payment of assessments by latecomers, or enforceability of assessments, or enforceability of the Developer Final Latecomers Reimbursement Agreement, or the amount(s) thereof against such persons or property. Nor will the offices or finances of the City be used for enforcement or collection of latecomers obligations beyond those duties specifically undertaken by the City herein. It shall be the obligations of the Owner(s) to take whatever authorized means are available to enforce payment of latecomers assessments within the term of the Developer Final Latecomers Reimbursement Agreement; and Owner(s) is hereby authorized to take such actions. DATED at City of Kennewick, Washington, this day of 20 Developer/Owner(s) Developer/Owner(s) City Manager ---PAGE BREAK--- DEVELOPER FINAL LATECOMERS REIMBURSEMENT AGREEMENT - KMC 5.60 Facility Contract Water or storm sewer or sanitary sewer or collector or arterial street when the street is in the adopted Southridge Sub Area Plan, as adopted May 3, 2006 by Resolution No. 05-16. THIS AGREEMENT entered into this date by and between the City of Kennewick, Washington hereinafter called “City”, and hereinafter called “Owner;” WITNESSETH: WHEREAS, the City has by resolution adopted by the City Council on the day of 20 approved the construction of facilities by the Owner(s) to a certain tract of land and established an assessment reimbursement area and pro rata share of costs; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. Owner(s) of land herein described and set forth in Exhibit A have constructed at his (their) expense the facility as per construction plans signed and approved by the City Engineer and as described in Exhibit A. Said facility has been constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the City Engineer or his agent. Exhibit A: includes legal description of owner’s property together with a written description of the improvements constructed, that will benefit the properties in the reimbursement area, together with a legal description of the property(s) that have contributed to the cost of the improvements. 2. It is the intent of the Developer Final Latecomers Reimbursement Agreement, that for a period of ten (10) years from the date of the City Council’s adoption of this Developer Final Latecomers Reimbursement Agreement, that any person, firm, or corporation owning real estate and not contributing to the original cost of such facility, who subsequently connects into or uses the same, shall pay a fair pro rata share of the cost of construction of said facility in accordance with the schedule and reimbursement area map set forth in Exhibit B, which is attached hereto and incorporated herein by reference as though fully set forth. Exhibit B: includes a description of each tract of land within the reimbursement area, with the final assessment amount contemplated to be assessed against each non-participating property. (Final reimbursement area assessment roll). 3. With completion of construction of the facility and its acceptance by the City Engineer, the facility will become a part of the municipal system of the City. Maintenance and operation costs of said facilities will be borne by the City, except for work and corrections covered by the contractor’s one-year warranty bond. 4. Upon adoption of this Developer Final Latecomers Reimbursement Agreement by the City Council, no person, firm, or corporation shall be granted a permit or be authorized by the City to connect into or use any such facility, or extensions thereof, during the period of time prescribed in Paragraph of this agreement without first paying to the City, in addition to any and all other costs and charges made and assessed for such connection or use, the amount required by the provisions of the contract under which the facility so connected onto or used or constructed, as set forth in Exhibit B. All amounts so received by the municipality, less a handling, processing and administration fee equal to ten percent (10%) of the reimbursement ---PAGE BREAK--- collected, shall typically be remitted to the Owner(s) or assignee, within sixty (60) days after the receipt thereof, and per the provisions of KMC Chapter 5.60. After expiration of the time prescribed in Paragraph 2 of the contract, City standard fees in effect at the time will apply. 5. Whenever any connection is made onto the facility described in Paragraph under this contract without such payment having first been made in accordance with Exhibit B, the City may remove or cause to be removed, such unauthorized connection and all connecting lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. Owner(s) hereunder is an independent contractor and not an agent or employee of the City. 7. Owner(s) agrees to pay to the City a handling, processing and administrative fee equal to ten percent (10%) of all reimbursements collected by the City on behalf of the owner. 8. Owner(s) releases and waives any claims for any liability of the City, its officials, agents, and employees in the establishment and enforcement of this Developer Final Latecomers Reimbursement Agreement. 9. The City shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through this Developer Final Latecomers Reimbursement Agreement. Any funds collected under this Developer Final Latecomers Reimbursement Agreement that are unclaimed by Owner(s) after ninety (90) days from the payment of each latecomers assessment, shall be returned to the parties making payment to the City, if they may be reasonably found, minus a ten percent (10%) city handling, processing and administration fee. After one hundred and twenty (120) days from the payment of each latecomers assessment, any remaining undeliverable funds shall inure to the benefit of the appropriate utility and/or fund approved by City Council. 10. The City in no way guarantees payment of assessments by latecomers, or enforceability of assessments, or enforceability of this Developer Final Latecomers Reimbursement Agreement, or the amount(s) thereof against such persons or property. Nor will the offices or finances of the City be used for enforcement or collection of latecomers obligations beyond those duties specifically undertaken by the City herein. It shall be the obligations of the Owner(s) to take whatever authorized means are available to enforce payment of latecomers assessments within the term of this Developer Final Latecomers Reimbursement Agreement; and Owner(s) is hereby authorized to take such actions. DATED at City of Kennewick, Washington, this day of 20 Developer/Owner(s) Developer/Owner(s) Attest: City Clerk Mayor Approved as to Form: City Attorney