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HomeMy WebLinkAbout3864 k ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE N0. 3 8 6 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING BY REFERENCE THE "DEVELOPER'S PUBLIC FACILITY EXTENSION MANUAL FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREETS." THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. There is herewith adopted by reference the "Developer's Public Facility Extension Manual for Sanitary Sewers, Water, Storm Sewers and Streets", a copy of which is attached herewith as attached hereto and denomi- noted Exhibit "A". Section 2. Pursuant to the Provisions of RCW 35.21.180 of the Laws of the State of Washington, said °Developer's Public facility Extension Manual for Sanitary Sewers, Water, Storm Sewers and Streets", far the City of Auburn, Washington, need not be published in a legal newspaper as normally required by law but not less than one copy of said manual and any amendments and addi- tions thereto adopted by reference shall be filed for use and examination by the public in the Office of the Auburn City Clerk prior to adoption thereof. Section 3. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days __..._ from and after its passage, approval and publication, as provided by law. INTRODUCED: APRIL 4, 1983_ ~__~__~ PASSED: APRIL 4, 1983~~ a e ,, APPROVED: PRIL 4_ 19 ___ W___ AT~TES'Tn: ~/~' ""'~~~c.C~~L~erk IAS TO FORM: SHED:__ MgY 22y 1983 ~,___ ----------------------------- Ordinance No. 3864 3/22/83 ~ ti . .. .•~: STATE OF WASHINGTON ) ss. COUNTY OF KING ) ,• I, CORALEE McCONNEHEY, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 3864 of the Ordinances of the City of Auburn, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING BY REFERENCE THE "DEVELOPER'S PUBLIC FACILITY EXTENSION MANUAL FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREETS." I certify that said Ordinance No. 3864 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 4th day of April, 1983 A.D. I further certify that said Ordinance No. 3864 was published as provided by law in the Daily Globe News, a daily newspaper published in the City of Auburn, and general circulation therein, on the 22nd day of May, 1983 A.D. WITNESS my hand and the official seal of the City of Auburn, Washington, this 23rd day of May, 1983 A.D. CITY CLERK OF THE CITY OF AUBI)yTN 1 ~'~ N€~T C W ^ r F:t?V ' , s~~ ~. r ~ Developer's Public Faci I ity Extension ~ Sanitary Sewers; Water, Storm Sewers ~ and Streets 1 1 1 i~ i~ City of Auburn ORDINANCE NO. 3864 AMENDED DECEMBER, 1986 1 II ' INDEX Page ' Information Sheet 1 Applic ation Procedures 2 AGREEMENT - Title g Dimen sions 4 ' I. City 5 II. Owner 5~ III. IV. Plan Additional Fees 7~ q, V. Evidence of Insurance 10, VI. Indemnification 11 ' VZI. Performance Bond 11, VIII. Easements, 12~ IX. Permits 13 X. Bill of Sale 13, XI. Systems Development Charge 14 XII. Payback Agreement Execution and Recording 14, XIII. XIV. Connection to the City's System .Acceptance by City of Developer Extension 15 15 XV. Attorney's Fees, Signatory Page 16 XV. Signatory Page 17 t ' EXHIBITS Exhibit I Estimated Deposit Fees Sanitary Sewer Exhibit II Estimated Deposit Fees Water Exhibit III Estimated Deposit Fees Storm Sewer Exhibit IV Estimated Deposit Fees Streets Exhibit 5 Permit and Approval Summary ' Exhibit Exhibit 6 Performance Bond 7 Assignment Exhibit 8 Easement Exhibit 9 Bill of Sale, Individual, Corporate ' Exhibit 10 Information on the System Development Charge Exhibit 11 Payback Agreement 6, 7 8, 9 10 11 12 13 14 15 1 INFORMATION SHEET DEVELOPER'S PUBLIC FACILITY EXTENSION CITY OF AUBURN KING COUNTY, WASHINGTON 1. Address 6 Telephone Number: Engineering Division City Hall 25 West Main Street Auburn, Washington 98001 (206) 931-3010 Fire Department 1101 "D" Street N. E. Auburn, Washington 98002 (206) 931-3060 Building Division City Hall 25 West Main Street Auburn, Washington 98001 (206) 931-3020 Planning Department City Hall 25 West Main Street Auburn, Washington 98001 (206) 931-3090 2. Office Hours: 8:00 A.M. to 5:00 P.M. Monday through Friday -1- APPLICATION PROCEDURES 1. The applicant shall contact the City of Auburn's Building Division (Building Coordinator) to schedule a meeting with the City for conceptual approval of the proposed extension, 2. Four sets of conceptual plans shall be submitted to the Building Division prior to the meeting by the required cut-off date. 3. Owner meets with City to review proposed facility extension. (More than one meeting may be required.) 4. Conceptual approval received. 5. Owner executes Developer Extension Agreement and submite cash deposit. a. Deposit based on length of proposed facility. 6. Four sets of plans and two sets of storm drainage calca submitted to the Building Division for review. 7. Plans approved by City Engineer. 8. Owner obtains applicable permits. 9. Payback Agreement requested. (If applicable). 10. Pre-construction conference held. a. Owner submits performance bond, if required. b. Owner submits guarantee deposit, if required. ($500 first utility and $250 for each additional) c. Contractor's Proof of Insurance submitted. 11. Construction completed. (Except for service connections). 12. Owner submits to the Engineering Division certified as-builts, Bill of Sale, and required easements. 13. City accepts facility for operation. 14. Owner submits a maintenance bond to the Engineering Division. 15. City authorized service connections. 16. Certificate of Occupancy (C.O.) is issued. 17. Payback Agreement executed. (If applicable). 18. Guarantee deposit and remainder of cash deposit released. 19. One-year inspection. 20. Final acceptance of facility by City. 21. Maintenance bond released. 2 I7 II CITY OF AUBURN 1 II r, L' 1 DEVELDPER PUBLIC FACILITY EXTENSION AGREEMENT 3 i~ i~ DEVELOPER NUMBER AGREEMENT FOR DEVELOPER PUBLIC FACILITY EXTENSION ' THE CITY OF AUBURN, hereinafter referred to as "The City," and ,,hereinafter referred to as "Owner," enter into the following agreement, hereinafter referred to as "Agreement," and make ' the following mutual promises and covenants as consideration for the City pro- viding a facility connection to the proposed developer extension and the Owner constructing the proposed developer extension pursuant to the terms and con- ditions of the Agreement and agreeing to convey and transfer the improvements to ' the City pursuant to the terms and conditions of this Agreement upon completion of the developer extension. The following agreement is valid and binding for ' the facilities designated bel ow as indicated on the approved Civil plane: Approx. Facility Extension Size Length Sanitary Sewer ' Sanitary Sewer Sanitary Sewer Water Water Water ' Storm Sewer Storm Sewer Storm Sewer Streets Streets Streets Other The proposed extension of facilities designated above will be installed in the road, easements and/or other approved rights-of-way inside/outside of the cor- poration limits of the City and shall be for the use and benefit of the property legally described as follows: ' 4 The parties, in consideration of the following expressed mutual covenants and promises, agree, promise and covenant as follows: I City The City promises, covenants and agrees to the following terms and conditions: (a) The City shall provide only part time inspection of the facility extension, while under construction, to assist the Owner in complying with the design standards and construction specifications of the City; and to aid the Owner in conforming with the present rules, regulations and resolutions of the City and the terms of said Agreement. Such inspection shall in no way relieve the Owner of the responsibility for compliance with the plans and specifications and the terms of [he Agreement as well as the rules and regulations as imposed by the County or other agencies. (b) The City agrees to allow the Owner to make the connection to the City's present system upon the completion of the developer extension by the Owner upon its fulfillment of the terms and conditions of the agreement, and when the Owner has delivered to the City a bill of sale, obtained the necessary permits and easements, supplied the City with certified as-built drawings, paid the applicable charges against the property, and the extension has been approved and accepted for operation by the Department of Public Works. The Department of Public Works shall send a letter accepting the system for operation. The City shall release the quarantee deposit and [he remainder of the cash deposit to the owner once the appropriate maintenance bond has been received and the above conditions have been met. The Department of Public 1 Works shall then authorize any applicable service connections. (c) Connection and utilization of the extension shall not relieve the ' Owner of the obligations to correct defects in labor and/or materials as hereto- fore provided and/or the obligations set forth in the applicable paragraphs hereof. The connection of the extension authorized by the City's Department of Public Works shall cause said extension to be subject to the control, use and operation of the City which shall be subject to all regulations and conditions of service. ' II ' Owner (a) The Owner agrees to comply with the City's Construction Specifications and Design Standards which are identified in paragraph III of this Agreement. ' S (b) The Owner agrees to comply with all environmental requirements as set forth either by the City or by appropriate county, state or federal agen- cies. The Owner agrees to prepare an environmental checklist or environmental impact statement at his sole expense, if so directed by applicable lead agencies as set forth in S.E.P.A. and applicable administrative regulations and laws of Washington. For extensions outside of the City limits but within the comprehen- sive plan, the Owner shall obtain the necessary approval from the applicable agencies. (c) If the City is to prepare. [he plan for the developer extension, the Owner will deposit with the City a certified check for the City's admi- nistration, design and inspection fees simultaneously with the execution of this agreement pursuant to the fee schedule as set forth in Curve A for the appli- cable facility extensions identified in the first paragraph of this agreement (see Exhibits I through IV). (d) If the Owner selects his own engineer to prepare the plan, the plan must be signed by a professional engineer registered in the State of Washington. The Owner simultaneously with the execution of this agreement shall deposit fees with the City for administration, and inspection costs for the developer extension and said fee shall be determined as set forth in Curve B for the applicable facility extension identified in the first paragraph of this agreement (see Exhibits I through IV ). (e) If the length of the developer extension is longer than shown on Exhibits I through IV, the fee shall be an accummulation of the allied fee cur- ves. (I.E., for 3,000 feet of extension, the fee shall be the corresponding fee for 2,000 feet plus the corresponding fee for 1,000 feet). If more than one facility extension is proposed, the City will reduce the total sum of deposit by requiring [he Owner to deposit only a percentage of the total aggregate deposits from Exhibits I through IV. The Owner shall deposit 85 percent of the sum of appropriate fees associated with any two proposed facilities, 75 percent of the sum of the appropriate fees associated with any three proposed facilities and 65 percent of the sum of the appropriate fees associated with four proposed facili- ties. If the length of the developer extension is shorter than shown on Exhibits I through IV, the deposit fee shall be based on the 100 ft. length (i.e. sanitary sewer-$900, water-$750, storm sewer-$250 and street-$1,100). (f) Prior to the connection of the facility, actual time charges and expenses shall be determined and fees and costs shall be adjusted to provide for a refund by the City or additional payment by the Owner. If additional payment is required, the Owner shall make such payment to the City prior to the connection of the extension to the City's system. (g) The Owner will make a guarantee deposit, prior to the start of construction, in the form of a certified check to the City in the sum of $500 for the first facility and $250 for each additional facility improvement within the City right-of-way and/or easements. 6 II II II i~ This will be held by the City until final inspection and approval by the City one year after the letter accepting the system for operation upon receipt of required maintenance bond. This deposit shall: (1) Insure strict compliance with the City's standards, specifications and conditions. (2) Insure the City against any damage to its existing system or the proposed extension as a result of the Owner's failure to properly perform under this agreement. (3) To reimburse the City for any and all necessary expenses, repairs or restoration of other properties if the Owner does not do so within the 24 hours after notice from the City. This includes vandalism and/or theft of improve- ments during the one year guarantee period. ' (4) To reimburse the City for the necessary cost of completion and unfinished grades around improvements. ' (5) Emergency conditions which call for the immediate remedy of any problem resulting from any action or lack of action on the part of the Owner. ' (h) The Owner further shall pay, at the time of making permit applica- tion for and prior to utilization of the system of the City, any area charges, system development charges, or any other applicable charges as they may pertain to the subject real property of the developer extension. The Owner is respon- Bible to check with the Department of Public Works regarding these charges. ' (i) The Owner further agrees to abide by all current ordinances and rules of the City which are in effect at the time_ of execution of this ' agreement. ' (j) It is the Owner's responsibility to ensure that [he system is constructed as designed and that grade and alignment are maintained throughout the project. ' III Plan (a) The Owner will submit a plan to the City which contains all necessary information required for the construction of the proposed improvements which comply with [he City's Design Standards and Construction Specifications, and shall be updated and revised as necessary to indicate further development 7 II II showing all utilities, roads and drainage facilities. Complete architectural plans shall be submitted if requested. The Owner further agrees to furnish copies of final plat, surveys and/or as-built drawings stamped and certified by a registered professional civil engineer. ' (b) The plan shall be submitted on mylar in reproducible form, the scale of which shall be at least one inch equals forty feet except for street exten- t sions in which case the scale will be one inch equals twenty feet. Street extensions shall also consist of cross-sections plotted every 50 feet with a scale of one inch equals five feet (horizontal) and one inch equals two feet (vertical). All plans shall be on twenty-four inch by thirty-six inch reprodu- ' cible mylar. (c) The plan shall be submitted [o the Department of Public Works within ' sixty (60) days following the execution of the Agreement. If the plans are not submitted within 60 days, then the Owner should contact the Department of Public Works who will review and reconsider the fee schedule and make any necessary ' adjustments. (d) Following the acceptance of the plan by the Department o.f Public Works and the receipt of a certificate of insurance complying with the insurance ' requirements as set forth herein and the execution and submittal of a perfor- mance bond, the Owner may begin construction and the cut sheets shall be released to the Owner by the Department of Public Works' staff. No cut ' sheets shall be approved or given to the Owner or to the Owner's contractor until the Owner has complied with these requirements. The Owner shall not begin construction until he has furnished to the Department of Public Works the name of its contractor, and the emergency call list. In addition, construction shall ' not commence until after a pre-construction conference has been held. ' (e) All sanitary sewer facilities shall be designed in accordance with the State of Washington Department of Ecology's Criteria for Sewage Works Design and as directed by the Department or Public Works. (f) All water facilities shall be designed in accordance with the City standards and as directed by the Department of Public Works. ' (g) Stocm sewer.design shall be in accordance with the City standards and as directed by the Department of Public Works. ' (h) Street layout and design shall conform to the City standards as required by the Department of Public Works. (i) All construction performed by the Owner will be in compliance with APWA Standard Specification, 1981, or latest adopted revision, and any or all amendments thereto, hereafter referred to as Standard Specifications," and shall control in all construction except as amended in the "Special Provisions." ' The Owner shall have the responsibility to supply himself with these Standard Specifications. 8 (j) The Owner agrees that there shall be no usage of any of the facilities constructed by the Owner prior to the connection and the approval and acceptance for operation of the extension by the Department of Public Works. Furthermore, the water meter will not be installed until the sewer lines are approved and certified as-built drawings are submitted. (k) The Owner shall create all roads to the design subgrade elevation prior to the start of construction and shall advise the Department of Public Works in writing of any changes which may be contemplated during construction. If the Owners change the subgrade elevation of the road after completion of the extension, or any part thereof, the Owner shall be responsible for all costs incurred as a result of such change in subgrade elevation. This obligation shall remain in full force until the City, King County or such other appropriate municipality releases the right-of-way or road construction bond or bond of other descriptions in connection with the Owner's obligation for completion of the road within the area. (1) If gravity sanitary or storm sewer service is not available the owner may need to install a pump facility. All requirements for this pump faci- lity shall be subject to the terms and conditions of this agreement. (m) Owner agrees to comply with all state and county regulations applicable to the Owner while construction is in progress in King County right- of-way. (n) The Owner agrees to give 24 hours notice to the Department of Public Works prior to beginning any construction. All pavement cuts made in rela- tionship with this agreement will be the Developer's ultimate responsibility to have restored to City standards prior to final acceptance by the City. The new pavement patch is to be completed within thirty (30) days of the original exca- vation unless otherwise agreed to by the City. If the patch is not completed within thirty (30) days, this agreement authorizes the City to Hire an indepen- dent contractor to complete the necessary work and bill the signer of this agreement. IV Additional Fees An additional fee shall be paid to the City by the Owner for the following additional work, if performed: (a) Revisions of the plane and specifications and work occasioned by an act of the Owner relating thereto. (b) Obstruction, delay or prevention of construction staking, replacement of stakes and additional staking. (c) Additional inspections (including return television inspection). ' (e) Any permit or franchise acquired by City. ' (f) to spend Acts by the Owner which extraordinary time on t necessitate the City's staff or consultants he developer extension, the costa shall be billed accordingly to the Owner. 9 II The City's additional fees shall be based on the actual labor costs plus ' fringe benefits expended by the City and be paid by the Owner upon receipt of a statement from the Ci[y. Payment shall be a prerequisite for obtaining connec- tion to and utilization of the City`s system. 1 V ' Evidence of Insurance t The Owner and his contractor shall assume responsibility for securing and maintaining, during the life of this Agreement, public liability insurance for bodily injury and property damage liability, including, without limitation, ' coverage for explosion, blasting, collapse, and destruction of underground uti- lities (X. C. 0.) and contingent liability, including products and contemplated operations and blanket contractual liability, and shall protect the Owner, and ' the City. The Owner or contractor shall have the City specifically added as additional named insured in said policies, all at no cost to the City. The above insurance shall cover the City, Owner and subcontractors for claims or damages of any nature whatever, including but not limited to bodily injury, ' including wrongful death, as well as other claims for property damage which may arise from operations under this Agreement whether such operations be by them- selves or by any subcontractor or anyone directly or indirectly employed by ' either of them and the Owner agrees, in addition, to indemnify and save harmless the City from all suits, claims, demands, judgments, and attorney's fees, expen- ses of losses occasioned by the performance of this Agreement by himself, any ' subcontractor, or persons working directly or indirectly for him, or on account of or in consequence of any neglect in safeguarding the work or failure to con- form with the safety standards for construction work adopted by the Safety Division of the Department of Labor and Industries of the State of Washington. The amount of such insurance shall be as follows: Bodily injury liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death, to any one person and subject to the same limit for each person, in an amount not less than $1,000,000 on account of and one occurrence, $1,000,000 aggregate, and property damage liability insurance in an amount not less than ' $1,000,000 for each occurrence or equivalent single limit. The Owner or contractor shall not cause any policy to be cancelled or permit it to lapse, and all policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance or any other material ' change until notice has been mailed to the City stating when, not less than 10 thirty (30) days [hereafter, such cancellation or reduction or change shall be effective. All certificates of insurance, authenticated by the proper officers of the insurer, shall state in particular those insured. VI Indemnification The Owner will indemnify and save the City or the City's agents harmless from all claims and costs of defense thereof, including (by illustration but not limitation) attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel whose time is reasonably devoted to [he pre- paration and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands of contractor, other property owners, or subcontractors, laborers, workmen, mechanics, materialmen, suppliers, incurred in the performance oz completion of the deve- loper extension. The Owner shall, at the City's request, furnish satisfactory evidence that all obligations of the nature designated herein have been paid, discharged or waived. VII Performance Bond It is contemplated that [he Owner may construct a portion of the developer extension on rights-of-way within the City's franchise limits or within King County right-of-way. It will. be necessary for [he Owner to abide by all City and King County standards and regulations. Therefore, it is necessary for the Owner to furnish to the City a perf- ormance bond (Exhibit 6) between the Owner/contractor and the City in a minimum amount of 100 percent of the City's estimated replacement costs of the improve- ments to be constructed within the existing rights-of-way and easements. Said performance bond in a penal sum equal to a minimum of the amount described above shall be conditioned upon the performance by the Owner of all undertakings, con- venant terms, conditions and agreements of the developer extension, and upon the prompt payment by the Owner to all persons supplying labor and materials and the prosecution of the work provided by said developer extension and agreement. Such bond shall be executed by the Owner and a corporate bonding company licensed to transact such businesses in the State of Washington and named on a current list of "Surety Companies Acceptable on Federal Bonds" as published in 11 the Treasury Department's Circular No. 570. The performance bond shall be adjusted after the construction is completed and the Department of Public Works accepts the system for operation to the greater of $2,000 for each facility extension or 10% of the City's estimated replacement costs of the improvements which are to be dedicated to the City. (Maintenance Bond). The performance bond shall insure against defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one year after acceptance for operation. At the end of the one year guarantee period, the adjusted bond shall be released. The expense of these bonds shall be borne by the Owner. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business in the State of Washington, or is removed from the list of "Surety Companies Acceptable on Federal Bonds," the Ownec shall substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bonds shall be paid by the Owner. No further payment shall be deemed due nor shall be made until the new surety or sureties shall furnish an acceptable bond to the City. The Owner may, in lieu of a performance bond, assign funds over to the 'City of Auburn (Exhibit 7). VIII EASemen t~ 1 All required easements shall be obtained by Owner at his sole cost and ' expense, and shall be delivered to the City after construction and prior to the acceptance by the Department of Public Works of the developer extension. The Owner shall provide all necessary easements at his sole cost regardless of changes in the plans. Easements shall be drafted in conformity with the form ' set forth in Exhibit 8 and shall contain the provisions set forth in said form. The City may require that a certified legal description shall be prepared by a licensed land surveyor or civil engineer. All easements shall be at least fif- ' teen feet in width for sanitary sewers, water and storm sewers, centered on the pipeline. Streets shall be deeded over to the City with the rights-of-way meeting City requirements. Unless approved otherwise by the City no buildings ' or appurtenances or other structure shall encroach upon this area and super- vision during construction shall be the responsibility of the Owner. Violations shall be removed at no cost to the City. Easements will be restored to as 12 1 ' good as or better than the original condition of the easement by the violator. Large trees which may interfere with future maintenance or repair of lines should not be planted directly over the pipe. Where manholes are located within ' the easements, suitable access surfacing shall be provided for the City vehicles such as bank run gravel and crushed rock or as approved by the City. 1 IX Permits All the necessary permits from any governmental agency obtained by the City shall be at .Owner 's expense. The Owner shall be provided with a copy of all such permits before construction commences. The Owner shall provide the City with necessary documents required to obtain the permits. For any permits obtained by the Owner, copies of the same shall be furnished to the City. X 1 1 Bill of Sale Owner agrees to execute a Bill of Sale (Exhibit 9) prepared by the City prior to the connection of the developer extension to the City's system. Said Bill of Sale will provide for transfer of title of the constructed extension from the Owner to the City and will further include the following items: (a) Owner is the lawful owner of said property and that it is free from all encumbrances. (b) All bills for labor and material have been paid. (c) The Owner shall have the right to transfer the same and that it will warrant and defend the same against lawful claims and demands of all persons for one (1) year of the date of acceptance of the Bill of Sale by the City. (d) It will be recited that Owner grants the extension to the City for the consideration of incorporating the system in the overall system of the City. 13 (e) Owner further warrants that for a period of one (1) year from the date of the connection and/or utilization that the system will remain in working order and condition acceptable to the City and that Owner will repair or replace at his own expense any work or material that may prove to be defective during said one (1) year period of warranty. XI Systems Development Charge The Owner agrees to pay his share of the System Development Charge. This ' charge is intended to collect fees from new developments for their fair share of future capital improvements. This charge is further described in Exhibit 10. 1 1 XII Payback Agreement Execution and Recording Following receipt of the Bill of Sale as herein described, [he City agrees to execute and record a Payback Agreement (Exhibit 11) for the sanitary sewers and/or storm sewer and/or the water developer extensions pursuant to the terms of RCW 35.91, et seg., if and when appropriate. Said Payback Agreement will provide as follows: (a) The parties agree to be bound pursuant to the terms of the "Municipal Water and Sewer Facilities Act." RCW 35.91.010, et seq. (b) That Owner has. constructed and installed the sewer, water and/or storm lines in the geneial vicinity described in the Payback Agreement and portrayed by a map attached and made a part of the Payback Agreement. (c) That said Bill of Sale has been attached to the Payback Agreement. (d) That the Payback Agreement will continue for a period of ten (10) years from the date of the agreement wherein the City will agree to reimburse the Owner and/or his assigns in accordance with this agreement for the pro rata share of its cost of construction for said lines and improvements. After the expiration of ten (10) years, the City shall be under no further duty to the Owner to collect monies or to remit said monies for connection charges to the Owner. (e) The Owner of real estate who subsequently applies for service from the facilities constructed pursuant to this Agreement will be charged a fair pro rata share of the cost of the construction of this developer extension. 14 L 1 (f) No person, firm or corporation shall use the facilities or extensions ' thereof during the period of time prescribed in such Agreement wi thout first paying to the City the fu ll amount required by the provisions of the Payback ' Agreement. All amounts s the terms of that Payback o received by the City shall be paid out Agreement within sixty (60) days after by it under the receipt thereof.. 1 1 I 1 XIII Connection to and Utilization of the City's System The Owner shall notify the City in writing of its intent to connect its extension to and utilize the City's system. Said connection shall be supervised by Department of Public Works personnel. The Department of Public Works shall be given one week's notice of the Owner's intent to connect and utilize the developer extension with the City's system and said connection and utilization shall be authorized and approved by a letter sent from the Public Works Department authorizing the connection and accepting the system for operation. The Department of Public Works prior to the connection and utilization authori- zation, shall have received from the Owner the necessary permits, easements, bill of sale, certified as-built drawings, maintenance bond, and payment of applicable fees No connection or utilization shall be made without the expressed written consent by the Department of Public Works. XIV 1 1 1 Acceptance by City of Developer Extension For the one-year period following the acceptance for operation and the authorization of the developer extension's connection to and utilization of the City's system, the Owner shall warrant the workmanship and materials and equip- ment furnished by the Owner, and shall be guaranteed by the Owner to remain in normal working order and condition, except where abused or neglected by the' City, and the Owner shall repair or replace at its own expense any work or material that may prove to be defective during this guarantee period. The Department of Public Works one year from the date of acceptance for ' operation and authorizing the connection and utilization of the developer exten- sion to the City's system, shall reinspect the system to determine if the exten- sion has complied to the warranty of [he Owner and conforms to the City's ' standards and specifications. If said developer meets with the Department of Public Works' approval, then the City shall release the maintenance bond. 15 II il~ II XVI Attorney's Feea 1 In the event this Agreement is referred to or placed in the hands of the City's attorney for enforcement of any portion of this Agreement, or if a lawsuit is instituted with respect to this Agreement, and in the event the City ' is the prevailing party, the Owner agrees to pay the City's reasonable attor- ney's fees and costs and other allied expenses incurred by the City regarding said Legal problem or lawsuit. DATED this day of 19 ' Owner '~ STATE OF WASHINGTON ) as. COUNTY OF KING ) ' On this day personally appeared before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, known to me to be the individual (Owner) who acknowledged to me that he/she signed the foregoing as his/her free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of 19 Notary Public in and for the State 1 of Washington, residing at ' 16 DATED this day of , 19_ City STATE OF WASHINGTON ) sa. COUNTY OF KING ) On this day personally appeared before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, known to me to be the individual (City Engineer representing the City of Auburn's Department of Public Works) who acknowledged to me that he/she signed the foregoing as his/her free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of 19 Notary Public in and for the State of Washington, residing at 17 EXHIBIT I a-~-~sa2 ~o s a e ~ 6 7 ~ 4 0 ~ 3 2 1 10 SANITARY SEWER LINE LENGTH IN L.F. r 0 0 r r a a y X O O O 0~ WATER LINE LEN6TN IN L.F. ' EXHIBIT II a-t-1992 ~ ~ ~ ~ ~ ~ ~ ~ a! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ EXHIBIT III 3-i-isa2 ~o e e e 0 O B r r a a y 4 x 0 0 9 0 2 1 I V V O V V "' ~~ --- STORM SEWER LANE LENOTH IN L.F. EXHIBIT IV ~o- e- e- ~- a- 100 600 1000 STREET LENGTH IN L.F. ' )~ 3-1-1982 I ADMINISTRATION ESTIMATED ALLIED FEES CURVE A DESIGN STREET S INSPECTION ADMINISTRATION CURVE 8 INSPECTION I P ~ ~ J P G , II 1 ! ~ I T I ~ ~ ,~ t~.~ ~ . II ~,~ , ii i !i T ! I ! I I !! ~ ! ~ ~ j~ ' ! l~ ! I~ • jII I ~ jll f j i I v E ~ .. * ~ ! I~~ ~7tr Irif C + U ~ NOTE: ESTIMATED COSTS ARE TO I ~ SERVEASADEPOSIT. ACTUAL ~ COSTS MAY CALL FOR AN ADDITIONAL DEPOSIT BY THE OWNER, OR A REFUND. L 1111fII1LII111111111111111111111111111111IIIIIIIIIi , , 7800 2000 EXHIBIT S PERMIT AND APPROVAL SUMMARY CITY OBTAINED PERMITS AND APPROVALS: Sanitary Sewer Water Storm SPdPY SYYPPhP Department of Ecology X Department of Social and g Health Services Metro g King County R/W Permit X X King County Boundary Review Board X X ucvaLVrctt unLAinnu rnttnir5 A/VU AYYRUVALS Issued by the City of Auburn Sidewalk Permit g Side Sewer Permit ** X Fill and Grading Permit X X X X Water Meter Permit ** g Building Sprinkler Connec- tion Permit X Hydrant Use Permit X X X X Hydrant Installation Permit g Storm Drainage Permi[ g Road Closure Notification X X X X Right-of-Way Use Permit X X X X Shoreline Management Act X X X X irate Environmental Policy \ct (SEPA) (if applicable)* X X X X irate Flood Control Zone g ?ermit Permits not Issued b the Cit of Auburn State Hydraulics Permit X X X * In most cases, the City will be responsible for the environmental review under SEPA. **SDC required with these permits. (See Exhibit 10) II II II II E~lIBIT 5 PERMIT AND APPROVAL DESCRIPTION: CITY OBTAINED PERMITS Department of Ecolog Once approvable sanitary sewer plane and spe- cifications are received by the Department of Public Works, two seta will be forwarded to the Department of Ecology (DOE), Redmond, Washington for their review and approval. DOE requires the submittal of the SE PA documents before their final approval is issued. DOE approval is required for all sanitary sewer system developer extensions which will be deeded to the City for public utiliza- tion. Department of Social and Health Services: Plane and specifications for potable water systems will be forwarded to the Department of Social and Health Services by the Department of Public Works. SEPA requirements are to accompany this submittal. Municipality of Metropolitan Seattle (Metro): Metro's review and approval is required for all public sanitary sewer extensions which are tribu- tary to the Metro System. King County Right-of-Way Permit: Sewer and water projects which extend beyond the corporate limits of Auburn must acquire a King County R/W permit for those projects which will be located within the County's right-of-way. King County Boundary Review Board: Pursuant to RCW 36.93.090 extensions ' or permanent water and sewer service outside of the existing City limits requires review and approval of the King County Boundary Review Board. OWNER OBTAINED PERMITS AND APPROVALS - FROM CITY OF AUBURN Sidewalk' and Paving Permit: Auburn's Building Division iaeues this permit and is required if 1) street with curb and gutter is existing adjacent to site, 2) a driveway is installed and, 3) a parking lot is paved. Side Sewer Permit: Auburn's Building Division issues this permit and it is required for all building connections to the sanitary sewer system. ' Fill and Gradin Permit: Auburn's Building Division issues this permit and it is required if substantial grading (more than 50 cubic yards) or earth- work is anticipated. If drainage characteristics are affected or noticeably ' altered, then erosion control measures may be required. 1 II I1 Water Meter Permit: Auburn's Building Division issues this permit and it is required for all addition of water meters. Building Sprinkler Connection Permit: Auburn's Building Division ' issues this permit and it is required when connecting a building sprinkling system to the water main. Hydrant Use Permit: Issued by Auburn's Building Division and it is required for the utilization of any fire hydrant. Hydrant Installation Permit: Issued by Auburn's Building Division and is required for any newly inatallated fire hydrant. Storm Drainage Permit: Areas being developed, i. e., new buildings, ' parking lots or fill property require provisions for natural drainage courses and surface water drainage. Plane containing professional engineer's stamp shall be submitted to the Building Division for approval ' and issuance of the permit. Road Closure Notification: Issued by Auburn's Engineering Division. This notification is required if any road or street is to be closed. This ' notification will require a detour route, signing plan, identification of streets to be closed, length of closure and hours of closure per day. Right-of-Way Use Permit: Issued by Auburn's Engineering Division. ' This permit is required for and work done in, on, under and above the public right-of-way within Gity limits. This permit will require ' appropriate insurance, bonding and hold harmless agreements. A $10.00 fee is charged for closures lasting up to 30 days and $50.00 for closures longer than 30 days. Shoreline Management Act: This permit is issued and administered through the City of Auburn, Department of Planning. Generally this permit is required if substantial development is contemplated 1) within 200 feet ' of the ordinary high water mark of the Green or Stuck River and their associated wetlands; 2) within the 100 year floodplain; or 3) within wetlands which are either sensitive or associated with applicable water ~. bodies. There are certain exceptions which may affect your project, so it ' State Environmental Policy Act (SEPA): The owner will be respon- sible for either a) providing a copy of a previously issued Final Declaration of Non-Significance or Final EIS related to the project or ' b) submitting a completed Environmental checklist to the City. If the checklist is submitted, the City will be responsible (in most cases) for issuing the final declaration or supervision of an EIS. Certain improve- ments associated with sanitary sewers, water, storm sewers and streets are considered to be categorically exempt from SEPA requirements. Auburn'e Planning Department can help you determine if these exemptions apply to. the proposed facilities extension. is recommended that the Planning Department be contacted. II 11 OWNER OBTAINED PERMITS - NOT ISSUED BY THE CITY OF AUBURN ' State Hydraulics Permit: This permit is issued by two separate state agencies; the Department of Game and the Department of Fisheries. It is necessary to obtain these permits when development is required ~ in or around a river, stream or creek. -. State Flood Control Zone Permit: Any modification in the quan- tity or quality, or rerouting of storm water runoff within the ' designated flood control zone of Auburn will require the obtaining of a State Flood Control Zone Permit. The permits are issued by the State, however; the City of Auburn has been delegated the review ' and processing authority. 1 1 1 f1 I1 EXHIBIT 6 P E R F O R M A N C E B O N D ' BOND TO CITY OF AUBURN, WASHINGTON ' KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, ' as principal, and a corporation, organized and existing under the laws of the State of ' as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, ae surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of dollars for the payment of which sum on demand we bind ourselves and our successors, ' heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, [his day of ,19 , ' executed a developer extension agreement with the Owner Contractor mentioned above as bounden principal. The said agreement being identified ' as and providing for which agreement is referred to herein and is made a part hereof as though attached hereto, and WHEREAS, the said principal has accepted, or is about to accept, the said ' agreement and undertake to perform the work therein provided for in the manner and within the time set forth: ' NOW, THEREFORE, if the above bounden principal shall faithfully perform all of the provisions of said agreement in the manner set forth under this agree- ment, and shall pay all laborers, mechanics, sub-contractors and material men and all persons who shall supply principal or sub-contractors with provisions ' and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said prin- cipal or any sub-contractor in the performance of said work, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance as specified in said agreement, and The Surety, for value received; herein stipulates and agrees that no change, extension of time, alteration of addition [o the terms of the agreement or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specification. PROVIDED, however, that after the acceptance for operation of this work, and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either lOX of the value of the improve- ments to be dedicated to the City or $2,000 dollars whichever is greater, to insure against defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one year after acceptance for operation; not withstanding the reduction of this bond, the prin- cipal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one year after acceptance for operation, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this day of , 19 Principal Surety By Attorney in Fact Countersigned: Resident Agent Resident Agent's Address Approved By: EXHIBIT 7 ASSIGNMENT In lieu of a performance bond the underaigned do hereby assign, transfer, and set over unto the City of Auburn all rights, title and interest to dollars ($ ) of saving account number in the standing in the name with the City of Auburn having full power and authority to demand and collect and receipt said deposit and to give receipt and acquitance therefore, for the construction of It is understood and agreed that holds the passbook covering said account Ln its possession and agrees to hold $ until a release of this assignment from the City of Auburn Department of Public Works is received. SIGNED and DATED at Washington, this day of 19 Address of Depositors Signature of Depositors ACCEPTANCE The undersigned hereby accepts the foregoing assignment of savings account number in the amount of $ this day of 19 ' Name of Bank or Savings b Loan BY I~~ 1 Signature of Title of Officer RELEASE The above assignment is hereby released, our interest being satisfied. DATE: 19 City of Auburn Department of Public Works DIRECTOR EXHIBIT "8" E A S E M E N T THIS AGREEMENT made this day of 198_ by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and and his wife hereinafter termed "Grantor". WITNESSETH: That the said Grantor for valuable consideration does by these presents grant unto the Grantee a perpetual right-of-way or easement for with the necessary appurtenances through, over and across the following described property situated in King County, Washington. That said Grantee shall have the right without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said property for the purpose of constructing, repairing, altering, or reconstructing said facility, or making any connections therewith, without incurring any legal obligation or liability therefore; provided that ouch constructing, repairing, altering or reconstructing of said facility shall be accomplished in such a manner that the private improvements, existing in this right-of-way shall not be disturbed or destroyed, or in the event that they are disturbed or destroyed, they will be replaced in ae good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall 'retain the right to use the surface of said ease- ment, so long as said use does not interfere with the installation and main- tenance of the facility and so long as no permanent buildings or structures are erected on said easement. Large trees which may interfere with future main- tenance or repair of the line shall not be planted within the easement. This easement shall be a covenant running with the land and shall be binding on the successors, he ire, and assigns of both parties hereto. ' STATE OF WASHINGTON) SS ' COUNTY OF KING ) I, the undersigned, a notary public in and for the State of ' Washington, hereby certify that on this day of , 19 personally appeared before me and to me ' known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. ' Notary Public in and for the State of Washington, residing at 1 II i~ 1 t I EXHIBIT 9 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of One Dollar ($1.00) and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor (s) do by these presents hereby convey, setover, assign, transfer and warran[ to the City of Auburn, King Coun[y, Wash., a MUNICIPAL CORPORATION, the following public improvements Situated within the following described real property: end the said Grantor (s) hereby warrant that they are the sole owners of all the property above conveyed; that they have full power to convey the same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto. ' IN WITNESS WHEREOF the Grantor (s) have executed these presents this day of , 19 1 ' STATE OF WASHINGTON) ss. COUNTY OF KING ) ' I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, hereby certify tha[ on this day personally appeared 'before me > ' to me known to be Che individual(s) described in and who executed the foregoing instrument and acknowledged that- signed and sealed the same as free t and voluntary act and deed for the uses and purposes therein mentioned. ' GIVEN under my hand and seal this day of , 19 NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT ' EXHIBIT 9 ' BILL OF SALE KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of ' One Dollar ($1.00) and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor (s) da by these presents hereby convey, setover, assign, transfer and warrant to the City of Auburn, King County, Wash., a MUNICIPAL CORPORATION, the following public improvements ' Situated within the following described real property: and the said Grantor (s) hereby warrant that they are the sole owners of all the t property above conveyed; that they have full power to convey the same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto. IN WITNESS WHEREOF the Grantor (s) have executed these presents this day of 19 By President Secretary STATE OF WASHINGTON) ss. COUNTY OF KING ) On this day of , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the President and Secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the cor- porate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT II ' EXHIBIT 10 INFORMATION ON THE SYSTEM DEVELOPMENT CHARGE t PURPOSE ' The Auburn City Council adopted Ordinance No. 3510 in May of 1980 and was amended by Ordinance No. 3610 in March of 1981. The City of Auburn is growing very rapidly and requires additional improvements to the utility system. It was ' not reasonable [o raise water and sewer rates sufficiently to fund all the need improvements. After considerable discussions and public meetings, it was deter- mined that additional revenue was desperately needed in order to fund needed' and ' anticipated water and sanitary sewer capital improvements. The System Development Charge ordinance provides for a special fee which will be specifi- cally utilized for needed improvements. The monies collected will not be totally sufficient to fund all the future capital improvements so the water and t sewer rates will be raised accordingly to be used in the funding. In this manner, new development will be paying its fair share for future improvements required due to growth. The System Development Charge will not be used for nor- ' mal maintenance and operation expenditures. In this way, water and sanitary . sewer rates can remain reasonable for both existing and future customers. ' EXEMPTIONS An exemption may be granted by the City of Auburn Utility Committee and confirmed by the City Council, if off site and/or community facilities are ' constructed and paid for by a developer and/or landowner. Utility improvements within the subdi vision or development or immediately adjacent to it are not con- sidered off site improvements. Unusual improvements that relate to a particular development that might be considered for an exemption could be a water well, ' reservoir, lift station or sanitary sewer force main. A late comer agreement could cancel out any or all of the exemption related [o a System Development Charge. The fol lowing are typical examples of exemptions which might be given ' for various impr ovements funded by a developer. Example fkl ' A developer has installed a large sanitary sewer force main and lift station to serve a development and several other thousand acres. No late comer ' agreement. Force Main $ 700,000 ' Lift Station 560,000 ' Total Cost of Off $1,260,000 Site (Area Facilities) An exemption will be given for $1,260,000 towards the System Development Charge based on sewer service requiring 3/4" meters. There would be an exemp- tion of 6000 connections. $1,260,000: $210 per connection = 6000 connections. There could be any mixture of various size sewer connections which totals $1,260,000. Example 4f2 The developer has installed a water well and reservoir to serve a development. Water Well $100,000 Reservoir $425,000 Total Cost of Community $525,000 (Area Facilities) An exemption will be given for $525,000 towards the System Development Charge, based on water service requiring 3/4" meters. There would be an exemp- tion of 1,250 connections. $525,000 @ $420 per connection = 1,250 connections. Exemptions will nor be given for oversize water and/or sanitary sewer lines within or adjacent to a development. These facilities or improvements would normally be required prior to the adoption of the System Development ordinance. FEE SCHEDULE: Water Cost Sewer Cost Meter Size Per Meter Per Meter 3/4" $ 420 $ 210 1" $ 1,052 $ 526 1 1/2" $ 1,894 $ 947 2" $ 2,946 $1,473 4" $ 9,046 $4,523 ' 6" $16,622 $8,311 The preceding fee schedule was amended in March 1981 and will be reviewed ' annually by the City Council and the rates of charges will be revised to reflect changes in cost of construction occurring since the preceding review. I I II i~ COLLECTION ' The Utility System Development Charge is immediately due and payable upon and concurrently with the issuance of a permit for connection to the sanitary sewer or water system of the City. USE OF SYSTEM DEVELOPMENT CHARGE REVENUE ' All System Development funds derived are to be segregated by appropriate approved accounting practices from all other funds the City. That portion of the Utility System Development charge calculated and collected on account of ' sanitary sewers shall be used for no other purpose than installing, constructing, and extending extra capacity sewer facilities; and that portion of the Utility System Development charge calculated and collected on account of water shall be used for no other purposes than installing, constructing and ' extending extra capacity water facilities. l_ t 1 II i~ EXHIBIT 11 PAYBACK AGREEMENT ' THIS AGREEMENT made and entered into this day of 19 by and between the CITY OF AUBURN, a municipal corporation, hereinafter called the "CITY," and WITNESSETH: That 1 WHEREAS, the City has.by Resolution No. adopted by the City Council of the City of Auburn, Washington on the day of ' 19 approved the Execution or a Payback Agreement far sanitary sewer/storm/water facilities constructed by ' as described on Exhibit, "1 ," attached hereto; and, WHEREAS, said have offered and the City of Auburn has agreed to accept said facility as part of the municipal sani- ' tary sewer/storm/water system of the City of Auburn; and, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: ' 1. have constructed at their own cost and expense sanitary sewer/water facility as ' above described. 2. For a period of ten (10) years from the date of recording of [his Agreement with the King County Auditor's Office, any person, firm or tor- t potation owning real estate and not contributing to the original cost of such facility, who subsequently taps onto or uses the same, shall pay said for the sanitary sewer/storm/water the sum of ' $ per foot of their property bordering as described above and abutting the sanitary sewer/storm/water constructed by said ' 3. The provisions of the Agreement shall not be effective as to any owner of real estate not a party hereto unless a copy of this Agreement shall have been recorded in the office of the Auditor of King County, Washington, prior to the time such owner taps into or connections with such ' facility. ' 4. The construction of the utility extension accepted for operation by the Department of Public having been Works, the completed and facility has become a part of the municipal system of the City of Auburn. Maintenance and operation costs of said lines and facilities shall be borne by the City. II I~ 5. No person, firm or corporation to tap into these facilities, or extensions thereof, during the period of time described in Paragraph Two (2) of this Agreement without first paying to said , in addition to any and all other coats and charges made and assessed for the use of these facilities by the City, the amount, as set forth in Paragraph Two (2). Said shall notify the Department of Public Works that this requirement has been met and then the City may issue a permit to those wishing to tap into these facilities. 6. Whenever any tap or connection is made into the facility described in accordance with Paragraph Two (2), the City may remove or cause to be removed such unauthorized taps or connections and all connecting lines or pipes located in the facilities right-of-way and dispose of such material removed without any liability whatsoever. 7. It is further understood and agreed that said are (is) not an agent(s) or employee(s) of the City. IN WITNESS WHEREOF, the parties hereto have set their names and seals the day and year first hereinabove written. ' ATTEST: CITY CLERK CITY OF AUBURN By MAYOR OWNER: ay 1 II STATE OF WASHINGTON ) )ss COUNTY OF KING ) t On this day of 19 , before me, the undersigned a Notary Public in and for the State of Washingt on, duly commissioned and sworn, personally appeared to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his (their) free and voluntary act and deed for the uses and purposes therein ' mentioned. .WITNESS my hand-and official seal hereto affixed the day and year ' first above written. OWNER: ' NOTARY PUBLIC, in and for the State - of Washington, residing at t STATE OF WASHINGTON ) ss ' COUNTY OF KING ) On this day of 19 before me the under- ' signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the Mayor and City Clerk, respectively, of the City of Auburn, a municipal corporation, and the cor- ' poration that executed the foregoing instrument; and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on authorized to execute the said instrument and th oath stated that they are at the seal affixed is the cor- porate seal of said corporation. ff d h d i d WITNESS my hand and official seal hereto a ay an year e xe t first above written. NOTARY PUBLIC, in and for the State of Washington, residing at ' CORPORATION IN WITNESS WHEREOF, said corporation has caused this instrument to be ' executed by its proper officers and its corporate seal to be hereunto affixed this day of , 19 By President ' BY Secretary ' STATE OF WASHINGTON) ss. ' COUNTY OF KING ) On this day of , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, ' personally appeared and to me known to be the President and Secretary, respectively, of ' the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary ac[ and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the cor- ' porate seal of said c orporation. Witness my hand and official seal hereto affixed the day and year first ' above written. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT STATE OF WASHINGTON) ss. COUNTY OF KING ) On this day of before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the President and Secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the cor- porate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT