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Home My WebLink About20100414001387 TRAFFIC IMPACT FEE CREDIT AGREEMENT 040910Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. TRAFFIC IMPACT FEE CREDIT AGREEMENT (Project No. FAC07-0015) record b~ Reference # (f applicable): N/A expmv, r Grantor/Borrower: Gates, Gates and Gates P&to its 01-lint Upon title. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Lots 1 to 4 of Auburn SP-16-79 Revised Recording No. 8207130444, Parcel A of Auburn BLA07-0008 Recording No. 20070904900010 Assessor's Tax ParcelID#: 1321049057,1321049093,1321049094,1321049095 hIi.,r.7 This Traffic Impact Fee Credit Agreement ("Agreement") is made and entered into on this - Aay of 2010, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Gates, Gates and Gates, a Washington Partnership, hereinafter referred to as "Gates." The City and Gates are hereinafter referred to as the "Parties." WITNESSETH: WHEREAS, Gates is the owner of certain real properties legally described as Lots 1 through 4 of Auburn Short Plat SP-16-79 Revised Recording No. 8207130444 (Lots 1 to 4) and Parcel A of Auburn BLA-07-0008 Recording No. 20070904900010 (parcel A) as depicted in Exhibit A of this agreement ("Gates Properties"); and, WHEREAS, the City has included in its Six Year Transportation Improvement Program (2007-2012) two Road Capacity Projects identified as follows: TIP #2 "A" Street NW, Phase 1 (3rd Street NW to 14th Street NW) and TIP #9 "A" Street NW, Phase 2 (West Main to 3rd Street NW). These two projects establish a future public roadway hereinafter referred to as "A Street NW." That portion of "A" Street NW between approximately 5th Street NW and 8th Street NW is proposed to be located along and within the Gates Properties as depicted in Exhibit B of this Agreement; and, Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 1 of 10 WHEREAS, pursuant to City of Auburn Resolution No. 4196, the Parties entered into an Agreement for City/Developer Participation for Compensation of A Street Northwest and Settlement of Disputed Claim ("A" Street Agreement); and, WHEREAS, Section 2.2 of the "A" Street Agreement states that: "to document the additional cost to the Developer for the change from asphalt concrete to cement concrete, the Developer shall provide to the City verifiable construction bids for both surfacing options. The cost difference shall be agreed upon by both Parties and identified as the "Cement Concrete Roadway Adjustment;" and, WHEREAS, Gates provided a cost difference from the same contractor between paving with asphalt concrete and cement concrete for the roadway portion from 5m Street NW to 7m Street NW as depicted in Exhibit C of this Agreement; and, WHEREAS, the City has determined that the cost of paving with cement concrete was evaluated to be $50,350 more than the cost of paving the same roadway with asphalt concrete; and, WHEREAS, rather than compensate Gates for the Roadway Development measures beyond those required by City codes and standards entirely by monetary payment, the City is willing to compensate Gates for the Roadway Development of the "A" Street NW right-of-way by granting to Gates Transportation Impact Fee Credits ("TIF Credits") that can be applied pursuant to Auburn City Code (ACC) 19.04.060; and, NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is hereby acknowledged, the Parties agree and bind themselves and their respective legal representatives, successor, and assigns, as follows: Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 2 of 10 AGREEMENT 1. Roadway Development Gates has provided Roadway Development within the A Street NW right-of-way (the "A Street NW ROW") as required and specified in the "A" Street Agreement. 2. Consideration Provided to Gates for Roadway Development The City agrees to compensate Gates for the Roadway Development of "A" Street NW by granting to Gates Transportation Impact Fee (TIF) Credits in an amount calculated as follows. The value of the implemented Roadway Development measures less the value of the measures required by City codes and standards. This is represented by the following formula: TIF Credits = (Estimate Conc paving) - (Estimate Asphalt paving) _ ($119,290 + $3,295) - ($72,235) _ $50,350 The TIF Credits may be used by Gates pursuant to Auburn City Code (ACC) 19.04.060 to offset Transportation Impact Fees that may be required for any development upon the Gates Properties. The Transportation Impact Fee Rate Schedule utilized for determining Transportation Impact Fees shall be the Rate Schedule in force at the time this Agreement is executed. 3. General Terms 3.1. Each of the Parties shall protect, defend, indemnify and save harmless the other party from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorney's fees, arising out of or related to the terms, covenants or conditions of this Agreement and such parties' performance or failure to perform any aspect of this Agreement; provided, however, that if the claims or suits are caused by or result from the concurrent negligence of (a) the City, its agents or employees, and (b) Gates, its agents or employees, including those actions covered by RCW 4.24.115, the obligations shall be valid and enforceable only to the extent of the indemnifying parties' negligence, and provided further, that nothing herein shall require either party to hold harmless or defend the other party from any claim arising from the sole negligence of the other party. 3.2. In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the action or proceeding shall be brought in the Superior Court for King County, Washington. The prevailing party shall be entitled to an award of its costs and reasonable attorneys' fees. Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 3 of 10 3.3. Each person signing below represents and warrants that execution of this Agreement has been duly authorized and that no further action on the part of the any party is necessary to make this Agreement binding in accordance with its terms. 3.4. This Agreement shall inure to the benefit of and be binding upon the successors and assigns to the parties hereto. 3.5. Any demand, request or notice which either party hereto desires or may be required to make or deliver to the other shall be in writing and shall be deemed given when delivered by facsimile, personally delivered, delivered by private courier service (such as Federal Express), or three days after being deposited in the United States Mail in registered or certified form, return receipt requested, addressed as follows: To Gates: William Gates Mohawk Northern Plastics, Inc. 701 A Street NE Auburn, WA 98002 To City of Auburn: Dennis Dowdy, PE Public Works Director City of Auburn 25 West Main Street Auburn, WA 98001-4998 Facsimile No (253) 931-3053 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above set forth. Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 4 of 10 CITY OF AUBURN a Was ' nicipal corporation J By Peter B. Lewis, Mayor ATTEST: Daz~ ' Ile E. Daskam, City Clerk By GATES, GATES AND GATES Authorized Agent /'v; <4r' Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 5 of 10 STATE OF WASHINGTON COUNTY OF KING ) ss I certify that I know or have satisfactory evidence that Peter B. Lewis 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. GIVEN under my hand and official seal this Q° day of 2010. /t -A7- r~ iG(hi Residing at _ My appointment ~I Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 6 of 10 STATE OF WASHINGTON COUNTY OF KING j ss I certify that I know or have satisfactory evidence that W j I) i a1n k- is the person who appeared before me, and s/he acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the 62.na rc I @j n-¢ v of Ga Ars.16"s`g,r d G"s , a Washington Partnership, to be the free and voluntary act of such Partnership for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this C~ day of Q 2010. W~ich.e.ll.c~ G , ~Y~1d, na v Residing at 1-Ln,-m-t H Ave C a I WA My appointment expires 'T 7Lt Exhibits: Exhibit A Gates Properties Location Exhibit B Roadway Development Location Exhibit C Poe Construction Cost Comparison for A Street Extension Options HSftlb File: #1168, #1292 Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 7 of 10 EXHIBIT A Gates Properties Location . '12'11049027 BTH•5T NE~-° sas3a9oes2s I 1321049057 80534000 132104900b I ( O T j 63d006tB I40 LOT ~ a 8053400510 i I 1 I II rr 4 1% 1321049093 X34. (COT 3) 1 L,Or Z f rr 1321049004 PARCEL, A 1321049037 m 83400405 z o o n z LIU STHSTNW- I SIMSTNE Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 8 of 10 EXHIBIT B Roadway Development Location 1321049096 S 1321040004 1321049037 i Y d N a i I Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 9 of 10 12210490M B06M0406 1321010061 1321049093 S m 1221MM7 0 M° 1 6X STH~ST N W-----... 0063400625 8053700620 0053100515 0063400610 6053400495 /t I tss ' eas3eooaas 4+)b para. 003 91N EXHIBIT C POE CONSTRUCTION -kid 2 if PROJECT : A STREET EXTENSION LOCATION: AUBURN CITY CAF: AUBURN ARCH: RUPERT PUBLIC FOY'onKS• D EPT GATE: BN/2008 V ITEM SUB/ ESTIMATE ESTIMATE COMMENTS SUPPLIER CONC ASPHALT GENERAL CONDITIONS EST 6,390 6,390 SUPERVISION EST 11,750 11,750 SITE WORK: SURVEYING DUNCANSON 4,850 4,850 AS-BUILT SURVEY DUNCANSON 2,000 2,000 DEMOUI ION EST 1,500 1,600 CLUN Ur novIH END O~UIU11NOftMD EARTHWORK: ARCHER 112,340 112,340 EROSION CONTROL W/ARCHER 0 0 ROUGH GRADING W/ARCHER 0 0 DISP. OF UNSUITABLE ARCHER 25,025 25,025 FINISH GRADING EST 2,500 2,500 LANDSCAPE FILL UTILITIES: UTILITY CO TRENCHIBACKFILL STORM DRAINAGE W/ARCHER 0 0 SANITARY SEWERS NONE 0 0 WATER MAINS & HYDR WIARCHER 0 0 SELECT TRENCH BACKFILL EST 5,000 5,000 ASPHALT PAVING LAKERIDGE 3,295 172.235- TRANSITIONS ONLY CONCRETE DRIVEWAY APPROACH CALIBER 4,998 -4,998 CONCRETE PAVING CALIBER '1719,280 , 0 DOWELS WICALISER - - 0 0 RESTECL W/CALIBER 0 0 STRIPING POURED CURB & GUI 1 ER CALIBER 8,883 8,883 SIDEWALKS CALIBER 18,500 18.500 TRAFFIC BARACADE FENCING ALL PRO 7,450 7,450 LANDSCAPINGIIRRIGATION PLUG 20,000 20,000 METAL TREE GRATES 4,000 4,000 INSTALL GRATES EST 1,123 1,123 STREET LIGHTS PLUG 40,000 40,000 DUCT BANK SUB TOTAL 496,894 348,544 A & E FEES BY OWNER 0 0 BLDG PERMIT FEES BY OWNER 0 0 CITY INSPECTION FEES NIC 0 0 LANDSCAPE BOND NIC 0 0 UTILITY BONDS & PERMITS BY OWNER 0 0 WATER & SEWER DEVELOPMENT FEES NIC 0 0 POWER CO CHARGES BY OWNER 0 0 PHONE CO CHARGES BY OWNER 0 0 GAS CO CHARGES BY OWNER 0 0 SOILS TESTING BY OWNER 0 0 TESTING LAB & INSPECTION FEES ALLOW 5,000 5,000 SLOBS RISK INS. 0.40% 1,596 1,394 GEN INS. - 0.5 1.994 1 743 SUB TOTAL 407,464 358,881 B & O TAX - 0.5% 2,037 1,783 OVERHEAD&'PROFIT 7.50% 30601 26751 TOTAL 440083 385,215 +WSST Traffic Impact Fee Credit Agreement FAC07-0015 Gates, Gates and Gates Page 10 of 10