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HomeMy WebLinkAbout3000 ] RESOLUTION NO. 3 0 0 0 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY AND 4 PARK 277 ASSOCIATES, INC. 5 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 6 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: 7 Section 1. The Mayor and City Clerk of the City of 8 9 Auburn are herewith authorized to execute a Payback Agreement ]0 Developer's Extension between the City and[ PARK 277 11 ASSOCIATES, INC. A copy of said Agreement is attached hereto 12 and denominated as Exhibit "1" and incorporated by reference ]3 in this Resolution. 14 Section 2. The Mayor is hereby authorized to implement 15 such administrative procedures as may be necessary to carry ]6 out the directires of this legislation. ]7 DATED and SIGNED this 8th day of September, 1998. ]8 19 CITY OF AUBURN 20 21 CHARLES A. BOOTH 23 MAYOR 24 25 26 Resolution No. 3000 Augu~ 25, 1998 P~e 1 1 2 ATTEST: 3 4 Danielle E. Daskam, 6 City Clerk 7 8 APPROVED AS TO FORM: 9 ]0 Mich/~aelj' Re~~ol,~ 11 12 City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resoim~on No. 3000 August 2~, ]998 Page 2 :ITy OF CITy OL .RIf )pU AIO . Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. ,. ~RES 3000) Executes payback agreement developer's extension. ,-I Reference Number(s) of Documents assigned or released: ~.( EDAdditional reference #'s on pageof document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of 3. 4. Grantee: (Last name first) 1. Park 277 Associates Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 36, township 22 North, Range 4 East [] Additional legal is on page _10-14_ of document, Assessor's Property Tax Parcel/Account Number: 936000-0045; 936000-0055; 936000-0065; 936000-0070; 936000-0075; I"1 Assessor Tax # not yet assigned Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT DEVELOPER'S EXTENSION Reference # (if applicable): Additional on page: Grantor/Borrower: 1) Park 277 Associates, Inc. 2 Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: (NE 36-22-04/SE 36-22-04) Additional on page: Assessor's Tax Parcel ID#: N/A This Agreement made and entered into this q ~ day of ,..~ta~,t~ ~ , 19fg , by and between the City of Auburn, a mtmicipal corporation of King County, Washington, hereafter called the CITY and Park 277 Associates, whose address is 8009 South 180 St., El04, Kent, WA 98032, hereafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No. 300 o adopted by the City Council of the CITY on the ~ 2~ day of PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE I OF 15 ,5 e~/t'as,/~ r' ,19 f4", approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to accept one bill of sale found as Exhibit A, water facilities, attached hereto, as part of the utility System of the CITY; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The above-described DEVELOPER is the record OWNER of real property legally described as shown on Exhibit B submitted by the DEVELOPER and attached hereto. The real property described is also known as the Park 277 Associates, Inc., King County, Washington. Map showing said property is attached hereto as Exhibit C. II. FACILITIES The facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibit A, incorporated herein by this references, and processed as Developer Public Facility Extension, Extension herein referenced as FAC0032-92, originals on file at the office of the City Engineer. The facilities have been constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type, and have been approved by the City Engineer. III. AREA OF FACII .ITY SF. RVICF. BF. NEFIT The properties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits C and D, which are by this reference incorporated herein as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibits C and D, shall pay as a condition for connecting to the facilities, an amount as identified in Section V. All property within the benefit boundary shall be subject to the connection fee as provided in this agreement as a condition of issuance of the connection permit by the CITY. PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE 2 OF 15 IV. TERM For a period of 15 years from date of recording of this Agreement in the office of the County Auditor of the County in which the real estate is located, any owner (latecomer) of real estate legally described in Section III, and which owner has not fully contributed their pro rata share to the original cost of the above-described facility, shall pay to the CITY the amounts shown in Exhibit D attached hereto. The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by properties owned by latecomer parcels shown in Exhibits C and D. Payment of the latecomers pro rata share is a condition of issuance of the connection permit by the CITY. The CITY shall reimburse the DEVELOPER at six (6) month intervals any such amounts collected. Upon the expiration of the 15-year term of this Agreement, any moneys collected by the CITY will not be reimbursed to the DEVELOPER, and further credits against system development charges shall not be granted. V. AMOUNT OF REIMBURSEMENT Water facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Section III of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities described in Section II of this Agreement. The amounts per parcel are separately itemized as shown in Exhibit D attached hereto, and totaling to not more than $66,123.07 in full amount. Sanitary Sewer: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Section III of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities described in Section II of this Agreement. The amounts per parcel are separately itemized as shown in Exhibit D attached hereto, and totaling to not more than $54,788.97 in full amount. Prior to recordation by the DEVELOPER as described in Section X, the CITY, at the written request of the DEVELOPER, shall mail to the property owners, as reflected in the records of the King County Assessors Office, as specified in Section III, notification of the allocation of costs to be levied against the properties which are payable prior to connection to the systems. The property owner shall have the right to a review of the costs with the City Engineer within 21 days from the date of said notice for the purpose of requesting an adjustment in the allocation of the charge to the property. PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE 3 OF 15 If the City Engineer, upon requested review by a notified property owner(s), does find cause for adjustment in the allocation of the charge to the benefited property(s), such adjustment will be made and the DEVELOPER will be notified of the adjusted amount(s) prior to recordation. The resulting adjusted Exhibits C and D shall govern reimbursement amounts to be received by the DEVELOPER. VI. EFFECT OF AGREEMENT The provisions of this Agreement shall not be effective as to any owner of real estate not a party hereto unless this Agreement has been recorded in the office of the County Auditor of the County in which the real estate is located prior to the time such owner receives a permit to tap into or connect to said facilities. If for any reason, the CITY fails to secure a latecomer payment for Owner's fair pro rata share of the cost of the facilities, before connection to the extension, the CITY is not liable for payment to the DEVELOPER. The entire responsibility for notices, recordation and completion of this Agreement is upon the DEVELOPER, who agrees to do all and to hold the CITY harmless. VII. OWNERSHIP OF FACILITY The DEVELOPER has constructed the facilities described in Section II of this Agreement, which facilities have been accepted by the CITY as satisfactory. The facilities have become a part of the municipal system of the CITY. All maintenance and operation costs of said facility shall be borne by the CITY, except as noted otherwise in FAC0032-92. VIII. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities described in Exhibit A under this Agreement which is not authorized by the CITY, the CITY shall have the absolute authority to remove or cause to be removed such unauthorized connections and all connecting lines or pipes located in the facility's fight-of-way. The CITY shall incur no liability for any damage to any person or property resulting from removal of the unauthorized connection. PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE 4 OF 15 IX. CURRENT ADDRESS & TEl ,F. PHONE NUMBER The DEVELOPER shall keep a current record of his/her address and telephone number on file with the City Engineer of the CITY, and shall within 30 days of any change of said address and/or telephone number, notify the City Engineer of the CITY in writing. If the DEVELOPER fails to do so, the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the non-collection and/or non-reimbursement of charges to the DEVELOPER under this Agreement. X. COVENANT RUNNING WITH THE LAND This Agreement shall be binding on the DEVELOPER, its successors, heirs and assigns and shall so be binding on the legal owners of all properties described within the benefit boundary of the area as shown in the attached Exhibits C and D, their successors, heirs and assigns. The DEVELOPER agrees to pay all fees for recording this Agreement with the County Auditor. The DEVELOPER shall make the actual recording and provide the CITY with confirmation thereof, but such recordation shall only be made after expiration of review period specified in Section V. HOLD HARMLESS The DEVELOPER will indemnify and save the CITY and the CITY'S officials and agents harmless from all claims and costs of defense, arising out of this agreement, as a result of DEVELOPER actions, misconduct or breach of contract, including but not 'limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE 5 OF 15 XI. CONSTITUTIONALITY OR INVALIDITY If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement, as it being hereby expressly declared that this Agreement and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. CITY OF AUBURN MAYOR ATTEST: ~ 1 C 'ty C erk V A TO FORM: C'ty~At~ DEVELOPER: B A ' BY: TITLE: /M ~ c--. ,~.. TITLE: PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE 6 OF 15 STATE OF WASHINGTON ) County of King ) I certify that I know or have satisfactory evidence that Charles A. Booth and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. ,. )(-,7 -- ~._"Z."" o/,,rotary Public in and for the State of Washington .~.{..,C;~:~r. ....7~\~ !....-"My appointment expires /~ '- ~]- q 9t STATE OF WASHINGTON) County of King ) I certify that I know or have satisfactory evidence that 7duetd~?~e~at' ' inst ent andcacknow edged it as the J'Y304~, ~ ~,~dt~ V-~~ of %1 ~fi: .... u for the uses and purposes mentinned ~n th~s ~nstrument My appointment expires DH/bd REF. H:\FACXFAC32245\E98-642 PAYBACK AGREEMENT DEVELOPER'S EXTENSION PAGE 7 OF 15