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.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
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Section 1. The Mayor and City Clerk of the City of
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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
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out the directires of this legislation.
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DATED and SIGNED this 8th day of September, 1998.
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CITY OF AUBURN
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CHARLES A. BOOTH
23 MAYOR
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Resolution No. 3000
Augu~ 25, 1998
P~e 1
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ATTEST:
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Danielle E. Daskam,
6 City Clerk
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APPROVED AS TO FORM:
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]0 Mich/~aelj' Re~~ol,~
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12 City Attorney
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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
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inst ent andcacknow edged it as the J'Y304~, ~ ~,~dt~ V-~~ of
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u for the uses and purposes mentinned ~n th~s ~nstrument
My appointment expires
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REF. H:\FACXFAC32245\E98-642
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 7 OF 15