HomeMy WebLinkAboutHarbor Custom Developement - ContractLATECOMERS AGREEMENT BETWEEN MASON COUNTY
AND HARBOR CUSTOM DEVELOPMENT,
FOR INSTALLATION OF A PUBLIC SANITARY SEWER LINE ALONG NE
RIDGETOP BLVD
THIS LATECOMERS AGREEMENT is made and entered into this day by and
between MASON COUNTY, a municipal subdivision of the State of Washington, herein
known as "County", and HARBOR CUSTOM DEVELOPMENT, INC., a Washington
Corporation, herein known as "Applicant".
WITNESSETH
WHEREAS, County operates a sanitary sewer utility that maintains and operates a
public sanitary sewer system that collects, conveys, treats and disposes of wastewater and
services portions of both incorporated and unincorporated Mason County; and
WHEREAS, Applicant owns, or legally represents, certain real property in Mason
County, Washington, that was not served by the County's sewer system and is described in
Exhibits "A" and "C" attached hereto and incorporated herein by this reference (herein
known as the "Property"); and
WHEREAS, Applicant requested that the Property be served by the County's sanitary
sewer system and submitted plans to the County to connect to public sanitary sewer facilities
adjacent to or near the Property; and
WHEREAS, County has approved and has on file, the plans, specifications and
estimated costs for construction of the public sanitary sewer facilities (herein known as the
"Improvements") connecting the Property to the County sewer system; and
WHEREAS, County determined that, in addition to the Property, there are other
properties located in the vicinity of the Improvements which could be provided sewer service
at some time in the future due to the installation of the Improvements and which shall be
subject to a latecomer's fee in order to obtain sewer service via the Improvements; and
WHEREAS, Applicant will construct the Improvements in accordance with the
approved plans and specifications; and
WHEREAS, in exchange for the construction and dedication of the Improvements to
the County, the County is willing to reimburse the Applicant for certain costs associated with
construction of the Improvements; and
WHEREAS, County has the authority pursuant to Mason County Code Chapter 13.32
to enter into this Agreement to reimburse the Applicant for a portion of the cost of
constructing the Improvements; and
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS
AND COVENANTS DESCRIBED HEREIN, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. Purpose. The purpose of this Latecomers Agreement is to provide the legal
framework and establish the procedures for reimbursing the Applicant the cost of
constructing the Improvements to serve the Property and other properties in the vicinity,
which shall pay a latecomer's fee at the time of connection to the Improvements.
2. Construction of Improvements By Applicant. Applicant will construct at its own
expense, all the Improvements as shown on the sanitary sewer plans submitted by Applicant
and approved by the Utilities and Waste Management on July 30, 2021. All construction will
be in accordance with the approved sanitary sewer plans and all other applicable County,
State, and Federal ordinances, statutes, or regulations. Applicant will construct the
Improvements and upon final acceptance of the Improvements by the County, transfer the
Improvements to the County free and clear of all liens and debts, for inclusion into the sewer
system as a public facility, including any right, title and interest in any property upon which
the Improvements are located.
3. Applicant's Connection Charges and Other Fees. In consideration of County's
permission to allow Applicant to connect to existing County sewer facilities, Applicant
agrees to pay in full all applicable connection charges due the County prior to the issuance of
sewer service permits and approval of the building permit for each lot. The connection
charge shall be calculated in accordance with the Mason County Administrative Code
Chapter 13.04.
In addition to the connection charge, Applicant shall pay all other fees required by
law, including but not limited to plan review fees, inspection fees, contract administration
fees, treatment plant capacity charges, and other administrative fees.
4. Eligible Construction Costs. The County and Applicant agree that the estimated
Total Eligible Construction Cost for the Improvements to be constructed is $1,113,248.82.
The Applicant's proportionate share is approximately 7.12% based on total projected flow
for the Improvements. Within 120 days of completion of construction of the
Improvements and acceptance by the County, Applicant shall provide the complete and
itemized copies of all invoices for costs related to construction of the Improvements.
The cost information provided by Applicant shall be reviewed by the County to
determine the actual Total Eligible Construction Cost. Certification of the costs and
authentication of the copies shall be made by the party providing the construction service and
by the Applicant. Costs not sufficiently documented by an invoice shall not be included in the
Total Eligible Construction Cost. Even if documented, any costs not previously identified in
the approved cost estimate submitted with the sewer plans and specifications shall not be
included in the Total Eligible Construction Cost without written County authorization. Even
if documented, construction costs which exceed the approved Engineer's Construction Cost.
Estimate shall not be included in the Total Eligible Construction Cost without written
County authorization.
5. Term of Agreement. This Agreement and all obligations contained herein, shall
terminate upon final payment of the Total Reimbursable Construction Cost to the Applicant
pursuant to this Agreement, or at the end of twenty (20) years from the effective date of this
Agreement, whichever occurs first. However, if the Applicant has not received the Total
Reimbursable Construction Cost within twenty (20) years, then the term of this Agreement
shall automatically be extended for the lesser of: (i) ten years or (ii) the Applicant's receipt
of the fmal payment of the Total Reimbursable Construction Cost, but in no event shall such
extended term exceed the duration of any moratorium, phasing ordinance, concurrency
designation, or other governmental action that prevents making applications for, or the
approval of, any new development within the benefit area for a period of six months or
more. The effective date of this agreement shall be the date the agreement is fully executed
by the Applicant and Mason County as evidenced on the signature page of the agreement.
6. Termination of Agreement Due to Expired Sanitary Sewer Plans or Permit. Upon
execution of this Agreement, the Applicant must proceed with construction of the
Improvements prior to the expiration of Applicant's approved sanitary sewer plans or
Applicant's Sewer Line Extension Permit, whichever expires sooner. Unless extended by
mutual agreement between the County and the Applicant, should the Applicant's approved
sanitary sewer plans or Sewer Line Extension Permit expire prior to the initiation of
construction of the Improvements, this agreement shall be null and void.
7. Applicant's Warranty of Improvements. Applicant agrees and expressly warrants
to the County that the Improvements will be installed pursuant to the approved design plans
at the Applicant's expense, will function in a satisfactory manner and be in compliance with
recognized engineering and construction standards. Applicant agrees to indemnify the
County against any losses caused by faulty materials and/or poor workmanship incorporated
in or relating to the improvements. Such warranty and indemnification shall be in effect for
eighteen (18) months commencing on the date of the County's acceptance of the
Improvements as constructed. The County may require that some portions of the
Improvements, such as protective coatings, be warranted for terms longer than the standard
eighteen (18) months. Any maintenance bond requirements shall be accordance with the
current County ordinances and regulations. Applicant will assign to County all rights
Applicant possesses, as against the contractor, subcontractors or any other person, firm, or
corporation, contractual or otherwise, whether based on an express or implied warranty to
recover damages relating to the Improvements.
8. Limitation of Assignment. This Agreement shall not be assignable by Applicant
without the prior written approval of Mason County, which consent shall not be
unreasonably withheld, conditioned, or delayed.
9. Notice and Payment Procedures. Any notice or communication to either party
required by or related to this Agreement shall be made to the address identified for the receiving
party below, by physical delivery or via U.S. Mail. Mailed items must be properly addressed
with pre -paid postage. Notice is accomplished upon the sooner of actual delivery or 3 business
days after a mailed notice is deposited into the U.S. Mail system
MASON COUNTY
Mason County Public Works Department — Utilities and Waste Management
100 W. Public Works Drive
Shelton, Washington 98584
Harbor Custom Development
1201 Pacific Ave.
Suite 1200
Tacoma, WA 98402
Reimbursement payments made from the eligible portion of the connection charges
collected from the properties that connect to the Applicant's sewer line shall be made to the
applicant within sixty days following collection of the connection charges by the county or
within sixty days following the execution of the amended latecomer agreement, whichever
is later.
Mason County will mail any payments due to Applicant under this Agreement to the
most current address for Applicant on file with the Mason County Public Works Department.
Initially, that address will be the one listed in this section. Applicant is solely responsible for
providing Mason County with its current address at all times during the term of this Agreement.
Should Applicant fail to do so, Mason County is not responsible for any misdelivered
payments.
To change its address for notice and receipt of payments, Applicant must send notice
to Mason County by means of Certified Mail, return receipt request. Mason County may
change its notice address by giving Applicant notice as specified in this section.
10. No Waiver of Permits. Nothing in this Agreement shall be construed to waive
any permitting or approval process otherwise required by any Federal, State or County
agency in conjunction with development on the Property.
11. Indemnification. Applicant agrees to defend, indemnify and hold harmless the
County, its appointed and elected officers and employees, from and against all loss or
expense, including but not limited to judgments, settlements, attorney's fees and costs by
reason of any and all claims and demands upon the County, its elected or appointed officials
or employees for damages because of damage to wastewater facilities, economic loss,
environmental remediation, personal or bodily injury, including death at any time resulting
therefrom, sustained by any person or persons, solely related to the construction of the
Improvements, except only such injury or damage as shall have been occasioned by the sole
negligence of the County, its appointed or elected officials or employees.
The preceding paragraph is valid and enforceable only to the extent of Applicant's
negligence where the damages arise out of services or work in connection with or collateral
to, a contract or agreement relative to construction, alteration, repair, addition to, subtraction
from, improvement to, or maintenance of, any building, highway, road, railroad, excavation,
or other structure, project, development, or improvement attached to the Improvements,
including moving and demolition in connection therewith, a contract or agreement for
architectural, landscape architectural, engineering, or land surveying services, or a motor
carrier transportation contract and where the damages are caused by or result from the
concurrent negligence of (i) the County or its agents or employees, and (ii) Applicant or
Applicant's agents or employees.
With respect to the performance of this Agreement and as to claims against the County, its
officers, agents and employees, Applicant expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees
and agrees that the obligations to indemnify, defend and hold harmless provided in this
Agreement extend to any claim brought by or on behalf of any employee of Applicant. This
waiver is mutually negotiated by the parties to this Agreement.
12. Entire Agreement. This Agreement constitutes the entire agreement between the
Applicant and the County with respect to the subject matter hereof and supersedes any and
all prior agreements and understandings, oral or written, with respect to such subject matter.
Any alteration or amendment or modification of this agreement shall be valid only if set forth
in writing and signed by both parties hereto.
13. Governing Law. In the event that any litigation should arise concerning the
construction or interpretation of any of the terms of this Agreement, the venue of such action
shall be in the courts of the State of Washington in and for the County of Mason. This
Agreement shall be governed by laws of the State of Washington and the ordinances and
codes of the County of Mason.
14. Severability. In the event any portion of this Agreement is determined to be void
or unenforceable, such provision shall be severable and will not affect the validity of the
remaining portion of this Agreement.
Executed this 2.0 day of
MASON COUNTY
Approved as to legal form only:
Deputy Prosecuting Attorney
Recommended:
Approved:
, 2023.
APPLICANT(S)
HARBOR CUSTO D]VELOPMENT, INC.
i 2..17.123 Date L112.6124
Date ' 4ev ; tJ CN i W c- E
By: I
Applicant's Address:
1201 PACIFIC AVE.,
SUITE 1200, TACOMA,
WA 98402
Applicant's Phone Number:
(253) 649-0636
By
2 /4 / Applicant's Tax Identification Number OR
��i.�/`11�,�� PP
Department'rector Date Social Security Number:
46-4827436
1-
STATE OF WASHINGTON
ss.
COUNTY OF PIERCE
I certify that I know or have satisfactory evidence that Sterling Griffin is the person who
appeared before me, and said person acknowledged that said person signed this instrument, on
oath stated that said person was authorized to execute the instrument and acknowledged it as the
Chief Executive Officer of Harbor Custom Development, Inc., a Washington corporation, to be
the free and voluntary act of such entity for the uses and purposes mentioned in the instrument.
Dated this
201." .
CASSIE LEE KENDALL
Notary Public
State of Washington
Commission # 22015529
My Comm. Expires May 11, 2026
day of 1K pY l , 2023.
Ct c#44LQ
(Signature of Notary)
CA,ss'le. `Ce ndall
(Legibly Print or Stamp Name of Notary)
Notary public in and for the state of W residing
at tt ex ce., Co o rhi
My appointment expires 51 11 Z (e
APPENDIX A:
Proposed Design Plan / Service Plan
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APPENDIX B:
Construction Cost Estimate
Belfair Sewer Extension
Phase 1 SSMH @ St Rout 3 to SSMH 1-7
Description Quantity Amount
Mobilization
1
Traffic Control
5
Existing Sewer Tie-in
1
Ravens Coating
6
$27,000.00
Sweet Street MH Odor Filter
6
$10,200.00
Pipe 10"
900
$105,300.00
S5MH
6
Road Subgrade SF
4400
Road Base Installation SF
4400
Road Top Course Installation 5F
4400
Paving SF
4400
Subtotal
$142,500.00
Sales Tax 8.5%
$12,112.50
Construction Staking
$2,160.00
Management and Admin Costs
$57,929.07
Subtotal
$214,701.57
Phase 2 SSMH 1-7 to SSMH 1-10
Description Quantity Amount
Pipe 10"
250
$22,500.00
Pipe 12"
700
$66,500.00
SSMH
3
$21,075.00
Ravens Coating
2
$3,400.00
Sweet Street MH Odor Filter
2
$3,400.00
Subtotal
$116,875.00
Sales Tax 8.5%
$9,934.38
Construction Staking
$2,160.00
Management and Admin Costs
$57,929.07
Subtotal
$186,898.45
Phase 3 SSMH 1-10 to SSMH 1-14
Description Quantity Amount
Onsite Fill Excavation and hauling
24,138 YDS
$120,690.00
Site Fill
24,138 YDS
$103,797.00
Tucci
$92,525.00
Pipe 12"
969
$29,990.55
SSMH
4
$12,000.00
Road Subgrade SF
18000
$8,442.00
Road Base Installation SF
18000
$27,000.00
Paving SF
18000
$52,740.00
Subtotal
$447,184.55
Sales Tax 8.5%
$38,010.69
Construction Staking
$2,160.00
Management and Admin Costs
$57,929.07
Subtotal
$545,284.31
Total Construction Cost
Phase 1, 2, & 3 Engineering and Surveying
HCDI Onsite GPS Survey
Coordination with Mason County and Outside
Agencies
Permit Coordination, etc.
Comminications with Potential Users
Construction Estimate Cost Preparation
Subtotal (Max. 10 percent of const. cost)
Legal Fees
Const Testing/Maint
As -built prep
Grand Total:
$946,884.32
$ 44,260.00
$ 7,500.00
$ 12,000.00
$ 16,000.00
$ 10,000.00
$ 14,000.00
$ 103,760.00
$ 13,000.00
$ 44,464.50
$ 5,140.00
$1,113,248.82
110" 12" SSMH Depth
279 1-2 10.14
114 1-3 14.06
PH1 91 1-4 14.04
171 1-5 14.04
110
74
240 1-6 14.04
397 1-7 14.04
PH2 2941-8 13.71
1-9 17.78
1-10 28.15
88 1-11 15.95
281 1-12 12.91
PH3 3001-13 18.45
300 1-14 18.73
178
Appendix B - Page 1 of 1
APPENDIX C:
Proposed Service Area
A..endix C
E
Belfair UGA Zoning
Business Industrial
B-1
Festival Retail FR
General
Commercial GC
General
Commercial &
Business Industrial
GC-BI
Long Term
Agricultural LTA
Mixed Use MU
Single Family
Residential R-4
Medium Density
Residential R-5
Multi Family
NE STATE ROUTE 300
Lynch
Cove
Gravity Sewer
�_... i Section A
R{ (.:...Flaw;= 1,3509pm..,
R-a Olympic Sunset View Apartments
and Olympic Ridge Service Area
Peak Hourly flow = 350 gpm
Sewer Force Main
rn
Legend
P:1Mapping1Maps_G
MU L
0
E
R
R
E
R-6
Belfair UGA
Boundary
Counties
Water Bodies
Rivers/Streams
Railroad
APPENDIX D:
Flow Calculations
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Worksheet for 1350gpm_Gravity_0.8%minS_12"
Project Description
Friction Method
Solve For
Manning
Formula
Normal Depth
Input Data
Roughness Coefficient 0.013
Channel Slope 0.008 ft/ft
Diameter 12.0 in
Discharge 1,350.00 gal/min
Note: 350gpm generated from the Olympic Sunset View
Apartments and Olympic Ridge service area are included in the
design flow rate provided herein.
Results
Normal Depth 9.3 in
Flow Area 0.7 ft2
Wetted Perimeter 2.1 ft
Hydraulic Radius 3.6 in
Top Width 0.84 ft
Critical Depth 8.9 in
Percent Full 77.3 %
Critical Slope 0.009 ft/ft
Velocity 4.61 ft/s
Velocity Head 0.33 ft
Specific Energy 1.10 ft
Froude Number 0.922
Maximum Discharge 1,538.47 gal/min
Discharge Full 1,430.20 gal/min
Slope Full 0.007 ft/ft
Flow Type Subcritical
GVF Input Data
Downstream Depth 0.0 in
Length 0.0 ft
Number Of Steps 0
GVF Output Data
Upstream Depth
Profile Description
Profile Headloss
Average End Depth Over Rise
Normal Depth Over Rise
Downstream Velocity
Upstream Velocity
Normal Depth
Critical Depth
Channel Slope
Critical Slope
0.0 in
0.00 ft
0.0 °Ao
70.5 %
Infinity ft/s
Infinity ft/s
9.3 in
8.9 in
0.008 ft/ft
0.009 ft/ft
Messages
G ravityP ipingS izing_ToApex.fm 8
6/14/2021
Bentley Systems, Inc. Haestad Methods Solution FlowMaster
Center [10.02.00.01]
27 Siemon Company Drive Suite 200 W Page 1 of 2
Watertown, CT 06795 USA +1-203-755-1666
Worksheet for 1350gpm_Gravity_0.8%minS_12"
Messages
Notes
min velocity
= 2 fps
design % full
= 80%
min pipe size
= 8in per
orange book
manning's n
= 0.13 per
orange book
Criteria for
Sewage
Works Design
Water Quality
Program
August 2008
Gravity Pi pingSizing_ToApex.fm 8
6/14/2021
Bentley Systems, Inc. liaestad Methods Solution FlowMaster
Center [10.02.00.01]
27 Siemon Company Drive Suite 200 W Page 2 of 2
Watertown, CT 06795 USA +1-203-755-1666
Worksheet for 1350gpm_Gravity_2%rninS_10"
Project Description
Friction Method
Solve For
Manning
Formula
Normal Depth
Input Data
Roughness Coefficient 0.013
Channel Slope 0.020 ft/ft
Diameter 10.0 in
Discharge 1,350.00 gal/min
Results
Normal Depth 7.9 in
Flow Area 0.5 ft2
Wetted Perimeter 1.8 ft
Hydraulic Radius 3.0 in
Top Width 0.67 ft
Critical Depth 9.0 in
Percent Full 79.5 0/0
Critical Slope 0.017 ft/ft
Velocity 6.47 ft/s
Velocity Head 0.65 ft
Specific Energy 1.31 ft
Froude Number 1.373
Maximum Discharge 1,495.93 gal/min
Discharge Full 1,390.65 gal/min
Slope Full 0.019 ft/ft
Flow Type Supercritical
GVF Input Data
Downstream Depth 0.0 in
Length 0.0 ft
Number Of Steps 0
GVF Output Data
Upstream Depth
Profile Description
Profile Headloss
Average End Depth Over Rise
Normal Depth Over Rise
Downstream Velocity
Upstream Velocity
Normal Depth
Critical Depth
Channel Slope
Critical Slope
0.0 in
0.00 ft
0.0
79.5
Infinity ft/s
Infinity ft/s
7.9 in
9.0 in
0.020 ft/ft
0.017 ft/ft
Messages
GravityPipingSizing ToApex.fm8
6/15/2021
Bentley Systems, Inc. Haestad Methods Solution FlowMaster
Center [10.02.00.01]
27 Siemon Company Drive Suite 200 W Page 1 of 2
Watertown, CT 06795 USA +1-203-755-1666
Worksheet for 1350gpm_Gravity_2%minS_10"
Messages
Notes
min velocity
= 2 fps
design % full
= 80%
min pipe size
= 8in per
orange book
manning's n
= 0.13 per
orange book
Criteria for
Sewage
Works Design
Water Quality
Program
August 2008
Grav ityPipi n g S izing_ToAp ex.fm8
6/15/2021
Bentley Systems, Inc. Haestad Methods Solution FlowMaster
Center [10.02.00.01]
27 Siemon Company Drive Suite 200 W Page 2 of 2
Watertown, CT 06795 USA +1-203-755-1666