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ORDINANCE NO.5 3 7 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE
CITY OF AUBURN TO EXECUTE THE PETITION FOR ANNEXATION,
ANNEXATION AGREEMENT AND DECLARATION OF COVENANT
BETWEEN THE CITY AND THE TERRACE VIEW PROPERTIES, L.L.C.
WHEREAS, the Terrace View property is located in Pierce County,
Washington, outside the corporate limits of the City of Auburn; and
WHEREAS, Terrace View Properties, L.L.C. is seeking various
development approvals from Pierce County for the Terrace View property; and
WHEREAS, the Terrace View property is within the Urban Growth Area
of the City of Auburn; and
Whereas, Terrace View desires to be annexed to the City of Auburn; and
WHEREAS, Terrace View has requested that the City of Auburn provide
sanitary sewer and water utility service prior to annexation; and
WHEREAS, The City of Auburn desires that Terrace View meet Auburn
standards in order to best integrate this area with the City of Auburn, and
WHEREAS, Terrace View desires to comply with Auburn standards and
other agreements herein to successfully market their properties, and
WHEREAS, this Agreement is in conformity to the Comprehensive Plan;
and
Ordinance No. 5373
April 17, 2000
Page 1
WHEREAS, a public hearing has been held to take public testimony on
this Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute the Petition for Annexation,
Annexation Agreement and Declaration of Covenant between the City and THE
TERRACE VIEW PROPERTIES, L.L.C.. A copy of the Petition for Annexation,
Annexation Agreement and Declaration of Covenant is attached hereto as and
incorporated herein by reference.
Section 2. Public Comment on the Ordinance. On March 13 and
April 10, 2000, a public hearing was held on the Petition for Annexation,
Annexation Agreement and Declaration of Covenant and public comment,
including comment by Terrace View, was heard in open session at the meeting
regarding the passage of this ordinance.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 4. Severabilitv. The provisions of this ordinance and the
Petition for Annexation, Annexation Agreement and Declaration of Covenant
Ordinance No. 5373
April 17, 2000
Page 2
are declared to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this ordinance and/or
the Petition for Annexation, Annexation Agreement and Declaration of
Covenant or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this ordinance
and/or the Petition for Annexation, Annexation Agreement and Declaration of
Covenant or the validity of its application to other persons or circumstances.
Section 5. Effective Date. 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 17, 2000
PASSED: April 17, 2000
APPROVED: April 17, 2000
~ ~,l~oe~
CHARLES A. BOOTH
MAYOR
Ordinance No. 5373
April 17, 2000
Page 3
ATTEST:
~D . E 0- li1dJ~_
ani . as am,
City Clerk
APPROVED AS TO FORM:
~
Michael J. Reynold,
City Attorney
~. 1/021/t/!;
Ordinance No. 5373
April 17, 2000
Page 4
PIERCE COUNTY, WA
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4-28-2000 08:45 I~
Fee Amt: $88.00
WHEN RECORDED RETURN TO:
City of Auburn
25 West Main
Auburn, WA 98001
DOCUMENT TITLE(s)
1. Petition for Annexation, Annexation Agreement and Declaration of Covenant
2.
3.
4.
REFERENCE NUMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED:
o Additional numbers on page of document
GRANTOR(s)[Last name first, then first name and initials]:
1. City of Auburn
2.
3.
Dadditional names on page
of document
GRANTEE(s) [Last name first, then first name and initials]:
1. Terrace View Properties, L.L.C.
2.
3.
Dadditional names on page
of document
LEGAL DESCRIPTION[Abbreviated: i.e.,lot,block,plat; or section,township,range]:
Lot-Unit: Block: Volume: Page:
Plat Name:
Section: 6 Township: 20N Range: 5 East of the W.M.
Dcomplete legal description is on Page 25 (Exhibit B) of document
ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s):
05-20-06-2-034; 05-20-06-2-702; 05-20-06-2-024
The Recorder will rely on the information provided on the form. The staff will not read tJ1e document to
verify the accuracy or completeness of the indexing information provided herein.
200004280030
~~;
m I
Following Recording,
Return to:
City of Auburn
25 West Main Street
Auburn, WA 98001
PETITION FOR ANNEXATION,
ANNEXATION AGREEMENT
AND DECLARATION OF COVENANT
This Agreement executed between the City of Auburn, Washington, a
municipal corporation (herein the "City") and Terrace View Properties, L.L.C., a
Limited Liability Company and its assigns and/or successors in interest of
certain Property legally described below (hereinafter "Terrace View") is for and
in consideration of the furnishing of water and sanitary sewer utility service by
the City prior to annexation of certain Terrace View Property (hereinafter the
"Property").
I. RECITALS
A. The Terrace View Property is located within the Urban Growth
Area and Water and Sanitary Sewer Utilities Service Areas of the City.
B. The City is willing to provide water and sanitary sewer service
prior to annexation of the Terrace View Property into the City under the terms
and conditions set forth herein and Terrace View is willing to fulfill those terms
and conditions in consideration of the receipt of water and sanitary sewer
service from the City under the terms and conditions of this Agreement to allow
development of its Property.
II. AGREEMENT
In consideration of this Agreement and Covenant and mutual benefits
herein, the City and Terrace View agree to the provisions of this Agreement set
forth below.
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ORDNANCE 5373
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1. ACKNOWLEDGMENTS AND REPRESENTATIONS BY
TERRACE VIEW.
Terrace View does hereby petition for annexation of the Property
to the City, does hereby agree to the conditions of annexation herein, and does
hereby make the following covenant.
1 .1 Terrace V!ew is the owner of certain real property located
in unincorporated Pierce County and in the Urban Growth Area and Potential
Annexation Area of the City. The Terrace View Property is illustratively shown
on Exhibit A attached hereto and legally described on Exhibit B attached hereto
and both are incorporated herein by these references as if fully set forth.
1.2 Terrace View warrants it has the authority to bind the
Property with covenants set forth under this Agreement without the consent of
other parties.
1.3 Terrace View is seeking Building Permit approvals from
Pierce County for a 625-unit mixed use multi-family residential development
and 71,600 square feet of commercial buildings (hereinafter the 'Terrace View
Development" or "Development").
1.4 Terrace View has requested the City to furnish water and
sanitary sewer services to the Property.
1.5 This Agreement to extend water and sanitary sewer
services outside the corporate limits of the City is authorized by RCW'
35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary
agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW
82.02.020 shall not be applied hereto.
1.6 The City's Comprehensive Plan requires annexation or a
commitment to future annexation and compliance with certain other conditions
as a prerequisite for the extension of water and sanitary sewer utility service
outside the corporate limits of the City.
1.7 The City's requirement of an annexation agreement or a
commitment to future annexation as a condition of extending water and sanitary
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sewer utility services outside the corporate limits of the City is recognized by
Washington law.
1.8 The Property is located within the City's Potential
Annexation Area and Urban Service Area for annexation purposes as adopted
by the City in its Comprehensive Plan pursuant to the King County and Pierce
County Countywide Planning Policies and as recognized in the Pierce County
Comprehensive Plan. .
1.9 It is in the interest of the citizens of the City to insure that
all public improvements which are or could be constructed within the corporate
limits of the City or will be ultimately annexed into the City are to be constructed
in accordance with this agreement, and, if not specially set forth within the
agreement, then are to be constructed in accordance with City plans, policies,
regulations and construction standards.
1.10 Terrace View's request for the extension of water and
sanitary sewer utility services was duly considered by the City, and it was
determined that the furnishing of water and sanitary sewer services to the
Property would be proper upon the terms of this Agreement.
1.11 Terrace View does hereby acknowledge that in the event of
violation or breach of the terms of this Petition, Agreement and Covenant by
Terrace View, or upon the invalidation of this Petition, Agreement and
Covenant by judicial action, operation of law or otherwise, the City reserves the
right at its sole discretion to immediately terminate the provision of water and
sanitary sewer utility services to those areas of the T eITace View Development
not already being served by metered water connections at the time of violation,
breach or invalidation and in such case Terrace View agrees to indemnify and
hold the City harmless from any and all claims of any subsequent purchaser.
1.12 Terrace View acknowledges that is the option of the City to
ultimately annex the entire Terrace View Property into the City as expeditiously
as possible and that this Agreement is intended to initiate the process for
completion of this option.
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2. PROPERTY DESCRIPTION.
2.1 The Terrace View Property is hereby described as follows:
See Exhibit B attached hereto and incorporated herein by
this reference as if fully set forth herein.
2.2 Terrace View warrants that Exhibit B is correct as fully
describing the Property.
3. PETITION AND COVENANT FOR ANNEXATION AND NO
PROTEST LID COVENANT.
Terrace View, in consideration of the City's agreement to provide
water and sanitary sewer utility services to the Property, does hereby petition,
agree and covenant as follows:
3.1 Terrace View does hereby petition for annexation of the
Property to the City and thereby agrees, promises and covenants that if at any
time the Property or any portion of the Property is included within any area
which is being considered for annexation to the City, Terrace View for itself and
on behalf of its assigns and/or successors in' interest does join in said
annexation and by this Petition does provide this Notice of Intent to Annex and
that the Petition referred to herein is irrevocable.
3.2 Terrace View agrees for itself and its assigns and
successors in interest to execute all necessary documents such as letters,
notices, petitions or other instruments initiating, furthering or accomplishing the
annexation of part or the whole of the Property to the City, whether or not the
annexation involves the assumption by the area to be annexed of existing City
indebtedness, the application, to the area to be annexed, of the City
Comprehensive Plan and land use controls, and such other conditions as the
City may lawfully impose. Terrace View, for itself and for its successors and
assigns, agrees and covenants with the City, and to the present and future
owners of the Property to which this Covenant relates, that such Agreement is
to constitute a covenant running with the land, shall be binding and inure to the
benefit of the parties hereto, their successors and assigns, that Terrace View
and/or its successors and assigns shall, whenever so requested, execute such
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letters, notices, petitions or other instruments. Terrace View agrees to record
this document in Pierce County and specifically advise future successors and
assigns in interest in the Property.
3.3 Terrace View recognizes that the laws of the State of
Washington relating to the annexation of property by a City provides that
property may be annexed to a City if property owners, equal to sixty percent of
the assessed value of property within the area proposed to be annexed, sign a
petition for such an annexation. Terrace View recognizes and agrees that by
signing this Agreement, the Property of Terrace View, in whole or in part, will
automatically be included as a property to be annexed in the event such
Property is within a proposed annexation area.
3.3.1 Terrace View further recognizes that other methods
of annexation are allowed under the laws of the State of Washington, including
the election method..
3.4 Terrace View understands and agrees that upon
annexation of any portion or all of the Property by the City, the Property, or any
portion thereof, annexed shall be assessed and taxed at the same rate and on
the same basis as property within the City is assessed and taxed to pay for any
then outstanding indebtedness of the City which was contracted prior to, or
existing at, the date of annexation.
3.5 The undersigned Owner of the Property, on behalf of itself
and its successors and assigns, hereby designates the City as Terrace View's
true and lawful attorney-in-fact for the purpose of signing any notice and any
petition or other necessary documents leading to the annexation of said
Property to the City, with full power to do and perform any proper act which
Terrace View may do with respect to the annexation of said real Property. The
City may exercise this power through its City Clerk or otherwise as the City
Council may direct. This Special Power of Attorney is given for the valuable
consideration of the furnishing of water and sanitary sewer utility services by
the City, and this Special Power of Attorney' is further given as security for
performance of the annexation covenant obligation set forth herein. This
Special Power of Attorney is not revocable and shall not be affected by the
disability of the principal. The City shall notify Terrace View in writing of the
exercise of this Special Power of Attorney. However, the City's failure to notify
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Terrace View in writing of the exercise of the Special Power of Attorney shall in
no way affect the powers granted in this paragraph or in this Agreement.
3.6 Terrace view shall not protest the future formation of any
local improvement district for any for the following: domestic water, sewers,
streets, street lighting, and storm water facilities, including regional detention
and water quality facilities, for any district which includes properties within the
Terrace View Property, provided, that this section is not inconsistent with
Terrace View's rights and obligations elsewhere in this Agreement.
4. OBLIGATIONS OF TERRACE VIEW AND CITY.
In consideration of the City's agreement and commitment to
provide water and sanitary sewer utility services to Terrace View prior to
annexation as set forth hereinbelow, Terrace View and the City do hereby
agree and covenant as follows:
4.1 ZoninQ Standards. Zoning for the subject property shall
be determined under separate procedures with the intent the subject property
be zoned at the same time as the approval of this Agreement.
A separate chapter that incorporates these parameters shall be
adopted specifically for the subject property and be included in Title 18. The
adoption process for the zoning code amendment and the establishment of the
zoning upon the property shall be as required by chapter 18.68 and shall occur
prior to or concurrent with the annexation of subject property.
4.2 DesiQn Standards.
4.2.1 Terrace View shall develop its Property consistent
with the Design Standards attached hereto as Exhibit C and incorporated
herein by this reference, which may be amended from time to time, and
consistent with any other standards as established in and by this Agreement.
Water and sanitary sewer systems set forth under this Agreement shall be
designed and constructed in accordance with the requirements of Auburn City
Code and the most current City of Auburn Design and Construction Standards.
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4.2.2 Terrace View may request revisions of the Design
Standards, attached as Exhibit C, through the administrative review process
under the Auburn Zoning Code. An administrative decision may be appealed
pursuant to the provisions under the Auburn Zoning Code.
4.3 SEPA.
4.3.1 The City acknowledges that an environmental
review process has been completed in Pierce County by Terrace View under its
Draft and Final Environmental Impact Statements. (The Draft, October 1995,
and Final EIS, May 1997, shall hereinafter be referred to collectively as the
"EIS".) The City further recognizes and acknowledges that the Terrace View
EIS has been amended by Pierce County to provide for alternative mitigation
for transportation and stormwater.
4.3.2 Terrace View acknowledges that it shall be required
by Pierce County and the City to comply with the SEPA mitigation requirements
set forth under Exhibit D attached hereto and incorporated herein by this
reference.
4.3.3 Terrace View shall not be required to undertake or
complete any further environmental review process by the City for the Terrace
View Department; provided, however:
4.3.3(a) In the event the environmental review
process described above under Paragraphs 4.3.1 - 4.3.2 is not adequate to
address the specific impacts or required mitigation thereto arising from the
construction by Terrace View of the water and sanitary sewer systems set forth
under this Agreement, Terrace View then shall be subject to further
environmental review by the City; and/or
4.3.3(b) In the event Federal or State statutes and
regulations promulgated after the execution of this Agreement supersede or
otherwise address the environmental review process completed by Terrace
View, Terrace View may be subject to further environmental review pursuant to
law.
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4.4 On-Site Road System Includina Adiacent East Valley
Hiahway.
4.4.1 The City recognizes and acknowledges that the
proposed road traversing the Property in an easterly to southerly direction as
depicted on the Site Plan attached hereto as Exhibit E and incorporated herein
by this reference will be constructed as a public right-of-way known as the
North Access Ramp. The City further recognizes and consents to the
construction of the North Access Ramp in accordance with Pierce County
Public Roads Standards inasmuch as the North Access Ramp is an integral
part of the Lake Tapps Parkway transportation corridor which is under the
jurisdiction of Pierce County. Terrace View acknowledges that Terrace View
and Pierce County are mutually committed to the construction of the North
Access Ramp as evidenced by the Right-of-Way Permit for Construction of
North Access Ramp attached hereto as Exhibit F and incorporated herein by
this reference.
4.4.2 All other roads and road approaches on the Property
shall meet or exceed the private road standards as set forth in the City of
Auburn Design and Construction Standards in effect on the date of execution of
this Agreement except for the allowance of a sidewalk on one side only,
conceptually as shown in Exhibit E.
4.4.3 Terrace View shall own, operate, and maintain all
roads and road approaches on the Property referenced in paragraph 4.4.2
above.
4.4.4 Terrace View shall be obligated to complete half
street improvements on the East Valley Highway in accordance with City of
Auburn ordinances and policies if not completed by Pierce County within three
years from the date of this agreement. A bond shall be posted by Terrace View
to ensure such completion, such bond to be posted within 30 days from the
execution of this Agreement in the amount 'of 125 percent of the estimated cost
of the improvements as determined by Terrace View's engineer, and approved
by the City engineer. This paragraph does not obligate Terrace View to
construct or bond that portion of the half street improvements that are being
undertaken by Pierce County.
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4.4.5 Terrace View shall pay to the City $6,200 for its
share of costs of traffic signal at East Valley Highway at Lakeland Hills Way
within 60 days of the execution of this agreement.
4.5 Fire Standards. All buildings shall be developed on the
Property consistent with the standards of Auburn City Code Title 13.08, 13.16,
15.36 and 15.38. Terrace View can develop to maximum road grade of 12%.
4.6 Parks.
4.6.1 Terrace View shall provide mitigation for parks to the
City by one of the following alternatives:
4.6.1 (a) The payment of the lesser of a park
fee adopted by Ordinance by the City or the sum of $720 per multi-family unit;
or
4.6.1 (b) The donation of land to the City in an
amount equivalent to the city's standards in an area of the City acceptable to
the City.
4.6.2 Provided, however, any park mitigation due the City
by virtue of this Agreement shall be reduced by any sums paid for park
mitigation by Terrace View to Pierce County.
4.6.3 Any mitigation for parks must be tendered by Terrace
View to the City prior to metered water service connection by the City to the
Terrace View Development.
4.7 Stormwater Indemnification/Hold Harmless.
4.7.1 The City recognizes that storm water runoff from
Terrace View Property will be detained and treated in a regional stormwater
system designed to Pierce County Standards in effect at execution of this
Agreement and constructed, owned, operated and maintained by Pierce
County (hereinafter the "Pierce County Regional Trillium Stormwater System").
Terrace View acknowledges that Terrace View and Pierce County are mutually
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committed to the Pierce County Regional Trillium Stormwater System and
bound by the Voluntary Agreement between Pierce County and Terrace View
Properties LLC for the Use of Trillium Stormwater Facility attached hereto as
Exhibit G and incorporated herein by this reference. For purposes of
stormwater control related to its development, Terrace View shall be required to
comply with the requirements imposed by Pierce County pursuant to Voluntary
Agreement between Pierce County and Terrace View Properties LLC for the
Use of the Trillium Stormwater Facility attached hereto as Exhibit G. Terrace
View shall be required to design, own, operate and maintain its on-site
stormwater conveyance system.
4.7.2 Prior to the time the Pierce County Regional Trillium
Stormwater System is accepted by Pierce County, Terrace View or any
successor or assign or any subsequent purchaser of the Terrace View Property
or any portion thereof, shall have no cause of action, claim or demand against
the City for liability or damages to Terrace View or any subsequent purchaser of
the Terrace View Property or any portion thereof, arising from any claim,
demand, action, liability or judgment relating in any manner to the design,
construction and maintenance of the Pierce County Regional Trillium
Stormwater System prior to the time the Pierce County Regional Trillium
Stormwater System is accepted by Pierce County. Terrace View shall
indemnify and hold the City harmless from any claim by any subsequent
purchaser of the Terrace View Property or any portion thereof, arising from any
liability or damages to any subsequent purchaser relating to the design,
construction, and maintenance of the Regional Trillium StormwaterSystem
prior to the time Pierce County accepts the Regional Trillium Stormwater
System. This paragraph and the indemnification provisions under this
Paragraph is limited to indemnifying the City for any claim, demand, action or
judgment relating solely to any damages or liability incurred by Terrace View or
its successors or assigns or any subsequent purchaser prior to the time the
Pierce County Regional Trillium Stormwater System is accepted by Pierce
County. Upon acceptance of the Pierce County Regional Trillium Stormwater
System by Pierce County, Paragraph 4.7.2 shall have no force and effect and
shall be void.
4.7.3 Terrace View acknowledges that the City makes no
representation and assumes no liability for the adequacy of storm water
planning or coordination between Terrace View and Pierce County, or the
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design or construction of the Regional Trillium Stormwater System, or the
maintenance of the System as long as the Trillium Stormwater System is
operated by Pierce County.
4.7.4 Terrace View shall be solely responsible for the
design, construction and maintenance, repair and operation of its on-site
stormwater conveyance system. Terrace View shall not be obligated to pay
City System Development Charges for stormwater given that the on-site system
will be designed. constructed and maintained by Terrace View and the Pierce
County Regional Trillium Stormwater System will be designed, constructed,
operated and maintained by Pierce County.
4.7.5 Terrace View acknowledges that upon annexation of
the Terrace View Property a monthly storm drainage charge shall be paid to the
City in accordance with the City's Storm Drainage utility rate structure in effect
at the time of annexation and as amended thereafter.
4.8 Water.
_ 4.8.1 Concurrent with execution of this Agreement, the
City shall make available water utility service to Terrace View in accordance
with the terms and conditions of this Agreement.
4.8.2 Terrace View acknowledges and agrees that said
water utility service provided in accordance with the terms of this Agreement
shall be constrained as follows:
4.8.2(a) For all of the Terrace View Property and
Development, by fire flow available to a maximum of 2,500 gallons per minute
(gpm) for a 3 hour duration; and
,-
4.8.2(b) For all of the Terrace View Property and
Development, by a maximum number of connections equivalent to 419
equivalent residential units (ERU), where 1 ERU is defined as a maximum day
demand of 717.12 gallons per day. Future service to the Terrace View
Property and Development within the Valley Service Area Pressure Zone is
anticipated via a 16" waterline along the East Valley Highway, all as described
and consistent with the City of Auburn Comprehensive Water Plan, as
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amended. At such time as service to the Terrace View Property and
Development within the Valley Service Area Pressure Zone is provided via the
16" waterline along the East Valley Highway, then only that portion of the
Terrace View Property and Development above the Valley Service Area
Pressure Zone shall be constrained by a maximum number of connections
equivalent to 419 ERU. Terrace View may elect to design and construct the
entirety of this 16" waterline concurrent and consistent with the design and
construction of the waterlines described in paragraphs 4.8.3 and 4.8.4 below,
said design and construction solely at Terrace View's expense but subject to
the City of Auburn's standard Payback Agreement.
4.8.3 Terrace View shall design and construct, in
accordance with the requirements of the City's standard Facilities Extension
Agreement, attached hereto as Exhibit H and incorporated herein by this
reference, a 16" waterline along the East Valley Highway from the north
property corner of the Terrace View Property south along the full extent of the
Terrace View property and to a point approximately 150' to 200' south of the
proposed bridge alignment of the Lake Tapps Parkway over the East Valley
Highway.
4.8.4 Until such time as water service to the Terrace View
Property and Development within the Valley Service Area Pressure Zone is
available via the 16" waterline along the East Valley Highway, water service to
the Terrace View Development is anticipated via a pressure reducing valve, at
the northeastern corner of the Terrace View Property, thence via a 12" waterline
extending easterly approximately 380 feet to a point of connection in Elizabeth
Avenue Southeast, thence via a 12" waterline extending southeasterly along
Elizabeth Avenue Southeast, and thence via a 12" waterline extending
northeasterly along Evergreen Way SE to the terminus of the existing waterline
in the Lakeland Hills Development near the intersection of Evergreen Way SE
and Lakeland Hills Way. It shall be Terrace View's responsibility to secure any
necessary agreement with a third party to accomplish the provision of this
service.
4.8.4(a) In the event that a 12" waterline and
appurtenances, or any portion thereof, have not been constructed prior to the
time Terrace view requires a water connection to its Development, Terrace
View shall design and construct, in accordance with the requirements of the
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City's standard Facilities Extension Agreement, attached hereto as Exhibit H,
the 12" waterline and appurtenances, or any required portion thereof. In
accordance with Auburn City Code, Terrace View may request the execution of
the City's standard Payback Agreement, attached hereto as Exhibit I, for fair
pro rata share reimbursement of the design and construction costs incurred by
Terrace View for this work.
4.8.4(b) In the event that the 12" waterline and
appurtenances, or any portion thereof, are constructed by other parties, then
Terrace View shall be subject to any applicable connection charge as required,
defined, and described by Auburn City Code, Chapter 13.40, UTILITY
EXTENSIONS.
4.8.5 Terrace View shall be responsible for all costs and
expenses associated with the design, permitting, and construction of waterlines
constructed by Terrace View as described in and conditioned by Paragraphs
4.8.3 and 4.8.4 above.
4.8.6 Terrace View shall be responsible for all costs and
expenses associated with the design, permitting and construction of all on-site
waterline and appurtenances thereto in accordance with City standards.
Terrace View shall be allowed to submit to the City the construction plans for
that portion of its on-site waterlines lying within the North Access Ramp in a
package separate from the set of construction plans for the remainder of the
required on-site and off-site water system described under this Agreement.
4.8.7 The City acknowledges that it has water and
sanitary. sewer franchises from Pierce County. Terrace View acknowledges
that it shall be responsible for obtaining any authorizations from Pierce County,
the City of Pacific or such other appropriate jurisdictions or other private
entities, that may be required for construction by Terrace View of the above
described water lines in accordance with ~he terms of this Agreement.
4.8.8 Terrace View shall pay all System Development
Charges for water utility service required by the City in accordance with City
standards. Water utility connection will be provided to the Terrace View
Development only upon payment by Terrace View of both the water and
sanitary sewer System Development Charges to the City. The City shall not be
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obligated to provide metered water connections for the Terrace View
Development until such time as the Pierce County Regional Trillium Stormwater
System is completed and accepted by Pierce County. Upon written notice to
the City by Terrace View, transmitting a copy of Pierce County's written
notification to Terrace View that Pierce County has accepted the Regional
Trillium Stormwater System, the City shall immediately provide metered water
connections to the Terrace View Development provided that all other conditions
and terms of this Agreement pertaining thereto have been met.
.4.8.9 Attached hereto as Exhibit J is Terrace View's Water
Service Plan, depicting for illustrative purposes only the location and
connection of the waterlines described hereinabove.
4.8.10 Terrace View acknowledges that the monthly rate
for metered water service shall be in accordance with the City's Water Utility
rate structure in effect as of the date of this Agreement and as amended
thereafter. Terrace View acknowledges that this rate structure currently
provides for a surcharge outside of the City's corporate limits.
4.8.11 Upon return to the City of an executed and
recorded original of this Agreement from Pierce County as provided in Section
3.2 of this Agreement, the City shall provide Terrace View with a letter
evidencing water utility availability from the City to Terrace View, as conditioned
by the terms and conditions of this Agreement, within ten (10) days following
the City's receipt of the executed and recorded Agreement
4.9 Sewer.
4.9.1 Concurrent with execution of this Agreement, the
City shall make available sanitary sewer utility service to Terrace View in
accordance with. the terms and conditions of this Agreement.
4.9.2 Terrace View shall design and construct, in
accordance with the requirements of the City's standard Facilities Extension
Agreement, attached hereto as Exhibit H, an 8" gravity sanitary sewer line to
accommodate flows from the Terrace View Development, along East Valley
Highway from approximately the proposed North Access Ramp Road to be
located on the Terrace View Property northerly to a sewage pump station to be
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 14 of 23
200004280030
designed and constructed by Terrace View near the northwest corner of the
Terrace View Property as shown on Exhibit K attached hereto and incorporated
herein by this reference.
4.9.3 Terrace View shall design and construct a sewage
pump station, in accordance with the requirements of the City's standard
Facilities Extension Agreement, attached hereto as Exhibit H, which shall be
adequate to serve the Terrace View Development and the area tributary to
Terrace View as shown on Exhibit K attached hereto.
4.9.4 Terrace View shall design and construct, in
accordance with the requirements of the City's standard Facilities Extension
Agreement, attached hereto as Exhibit H, an 8" sanitary sewer force main from
the proposed sewage pump station at approximately the northwest corner of
. the Terrace View Property extending north to Oravetz Place Southeast thence
easterly approximately 600 feet to a point of connection at the existing City
gravity sanitary sewer line.
4.9.5 Terrace View shall pay all System Development
Charges for sanitary sewer utility service required by the City in accordance
with City standards.
4.9.6 The City acknowledges that it has water and
sanitary sewer franchises from Pierce County. Terrace View acknowledges
that it shall be responsible for obtaining any authorizations from Pierce County,
(the City of Pacific) or such other appropriate jurisdictions or other private
entities, that may be required for construction by Terrace View of the above
described sewer lines in accordance with the terms of this Agreement.
4.9.7 The City agrees to execute with Terrace View the
City's standard Payback Agreement, attached hereto as Exhibit I, for fair pro
rata share reimbursement of the design and construction costs incurred by
Terrace View for the sanitary sewer force main along East Valley Highway and
the sewage pump station, described above, by any benefited properties within
the area tributary to Terrace View as shown on Exhibit K attached hereto. .
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 15 of 23
200004280030
4.9.8 Attached hereto as Exhibit K is Terrace View's
Sewer Service Plan depicting for illustrative purposes only the location and
connection of the sewerlines and the tributary area described above.
4.9.9 Terrace View acknowledges that the monthly rate
for sanitary sewer service shall be in accordance with the City's Sewer Utility
rate structure in effect as of the date of this Agreement and as amended
thereafter. Terrace View acknowledges that his rate structure currently
provides for a surcharge outside of the City's corporate limits.
4.9.10 Upon return to the City of an executed and
recorded original of this Agreement from Pierce County. as provided in Section
3.2 of this Agreement, the City shall provide Terrace View with a letter
evidencing sanitary sewer utility availability from the City to Terrace View, as
conditioned by the terms and conditions of this Agreement, within ten (10) days
following the City's receipt of the executed and recorded Agreement.
4.10 Permittina and Inspection for the Terrace View
Development.
4.10.1 The City recognizes and agrees that until the
Property is annexed by Ordinance by the City, all development and building
permits for the Terrace View Development will be issued by Pierce County
except for those permits relating to construction of the sanitary sewer and water
utility systems and except as conditioned by the provisions of this Agreement.
4.10.2 In the event that Pierce County is the issuing
jurisdiction for purposes of a development or building permit to Terrace View
prior to annexation by the City, Terrace View shall be required to comply with
the standards of the City as otherwise provided in this Agreement.
4.10.3 In the event that the City is the issuing jurisdiction
for a development or building permit to Terrace view after annexation by the
City, Terrace View shall be required to comply with the standards of the City
except as otherwise provided in this Agreement.
4.10.4 Prior to annexation by the City, Terrace View shall
submit all development and building plans prepared by Terrace View to the City
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 16 of 23
200004280030
to allow the City to confirm compliance with the City standards set forth under
this Agreement. In the event of differences between Pierce County standards
and City standards under this Agreement, Terrace View agrees to coordinate
the necessary revisions to satisfy both Pierce County standards and those City
standards set forth under this Agreement. The City Engineer will be the City's
deciding official for civil site standards for street, water and sanitary sewer
systems in accordance with the terms of this Agreement. The City Fire
Marshall will be the City's deciding official for City Fire and Fire Protection
requirements in accordance with the terms of this Agreement. The City's Parks
Director will be the deciding official for the City's Parks and Recreation
Department requirements in accordance with the terms of this Agreement.
The City's Planning Director will be the deciding official for the City's Planning
Department requirements in accordance with this agreement, including but not
limited to, zoning, land use, site design and SEPA requirements. Terrace view
shall comply with the City's Development Review and Inspection Process
attached as Exhibit L and incorporated herein by this reference relating to those
City standards set forth under this Agreement.
4.10.5 Any development or building permit issued by
Pierce county shall be subject to inspection by Pierce County even if the
Property is annexed by the City after permit approval. Terrace View will obtain
certificates of occupancy from Pierce County for "all buildings constructed by
Terrace View under permits issued by Pierce County.
5. GENERAL PROVISIONS.
5.1 Nothing in this Agreement shall be construed to create any
financial obligation on the part of the City with regard to annexation,
construction of utility facilities and appurtenances, or any other matter except
as provided in this Agreement. Terrace View and the City hereby acknowledge
that it is Terrace View's responsibility to finance the design and construction of
those utility facilities required to be constructed by Terrace View under the
terms of this Agreement.
5.2 This Agreement constitutes the entire agreement between
the parties and no modification, amendment, addition to or changes to this
Agreement shall be valid or enforceable unless in writing and signed by all
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 17 of 23
200004280030
parties. The parties agree to execute such other documents identified in this
Agreement to fulfill the terms and conditions of this Agreement.
5.3 The parties agree that any controversy, dispute, claim or
breach of or relating to the Agreement on the part of either party (lithe Disputen)
shall be resolved in accordance with the following procedures:
5.3.1 The parties shall first attempt to negotiate a mutually
satisfactory resolution to the Dispute as follows:
5.3.1 (a) The complaining party shall prepare a
written description ("Letter") of the alleged Dispute and notify the other party as
provided for in this Agreement. The Letter shall explain the nature of the
Dispute and refer to the relevant section of the Agreement upon which the
Dispute is based. The complaining party shall also set forth a proposed
solution to the Dispute, including a specific timeframe within which the parties
must act.
5.3.1 (b) The party receiving the Letter must prepare
a written response within twenty (20) days of receipt with an explanation,
including references to the relevant parts of the Agreement and a response to
the proposed solution.
5.3.1(c) Within twenty (20) days of receipt of this
response, the parties must meet and discuss options for resolving the Dispute.
The complaining party must initiate the scheduling of this meeting at a time
mutually convenient to both parties.
5.4 If for any reason of any default or breach on the part
of either Terrace View or the City in the performance of any of the provisions of
this Agreement and a legal action is instituted, the party not prevailing agrees to
pay to the substantially prevailing party all reasonable costs and attorney fees
and costs in connection therewith, including on appeal. It is hereby agreed that
the venue of any legal action brought under the terms of this Agreement shall
be King County, Washington. This Agreement shall be governed by the
applicable laws of the State of Washington.
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 18 of 23
200004280030
5.5 This Agreement shall not be construed more.
favorably to one party over another, notwithstanding the fact one party, or its
attorney, may have been more responsible for the preparation of the document.
5.6 Nothing under this Agreement shall require Terrace
View to indemnify or hold the City harmless from any breach of the City or
wrongful conduct by the City under this Agreement.
5.7 The terms and provisions of this Petition, Agreement
and Covenant shall inure to the benefit and become binding upon the assigns
or successors in interest of the parties hereto.
5.8 Any notice or demand required or permitted to be
given under this Agreement shall be sufficient if given in writing and sent by
registered or certified mail, return receipt requested, to the address of the
parties set forth below or such other address as the parties may stipulate in
writing from time to time. Any notice shall be deemed to have been given on
the date it is deposited in the U.S. Postal Service mail with postage prepaid.
Terrace View:
John D. Cheetham
Gregory S. O'Farrell
Managing Members
Terrace View Properties LLC
P.O. Box 5430
Kent, W A 98064-5430
City:
Director of Planning
and Community Development
City of Auburn
25 West Main
Auburn, WA 98001
5.8.1 Terrace View warrants that it will undertake,
and be responsible for, all notifications, including recording, to all parties of
interest and future parties of interest to the extent Terrace View is an owner of
record of the Property. In the event that Terrace View is not longer an owner of
record of the Property, the successors or assigns of Terrace View shall be
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 19 of 23
200004280030
obligated and responsible for any and all notifications required under this
Agreement.
5.9 In the event that any term, provIsion, condition,
clause or other portion of this Agreement be held to be inoperative, invalid,
void, or in conflict with any other applicable term provision, condition, clause or
other portion of this Agreement, the remainder of this Agreement shall be
effective as if such term, provision, condition or other portion had not been
contained herein, and to this end, the terms of this Agreement are declared by
the parties to be severable.
5.10 No failure on the part of either party to exercise, and
no delay in exercising, any rights hereunder shall operate as a waiver thereof;
nor shall any waiver or acceptance of a partial, single or delayed performance
of any term or condition of this Agreement operate as a continuing waiver or a
waiver of any subsequent breach thereof.
5.11 Upon mutual execution, this Agreement shall be
recorded with the Pierce County Auditor's office. Terrace View shall be
responsible for recordings and shall provide an original of such recordings to
the City.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date and year set forth above. .
CITY OF AUBURN
By: ~A.QJ(J
CHARLES A. BOOTH,
Its: Mayor
Date: (j LI - J r ,...aO
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 20 of 23
200004280030
By: ~
GREGORY S. O'FARRELL
Its: Managing Member
Approved as to form
~
Michael J. Reynolds,
City Attorney
Date: -~f/ I~ 0 [)
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 21 of 23
Date:
'1- 21 -' 2tJtJ e
Date: '-1- 2- Lf - C 0
200004280030
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Charles A. Booth to me
known to be the Mayor of the City of Auburn, the municipal corporation
described in and that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument on behalf of said
municipal corporation.
!J-~
GIVEN under my hand and official seal this. ./ f day of .
2000. .
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foq;:' :~~ TARY~'" ~~ nA ~ 5 asa ~
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~ \0 PUBUC .: J NOTARY PUBLIC in and for!be State'
'I. ~"J 0 .o~""cS f of Washington, residing at b-vtL.t~d~
I., ~~,,:,~'?,":B..f' My Commission Expires: /()-ZS (}3
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04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 22 of 23
200004280030
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Jon D. Cheetham and
Gregory S. O'Farrell, to me known to be the Managing Members of Terrace
View Properties L.L.C., the limited liability company described in and who
executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said Managing
Members on behalf of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that each Managing Member is
authorized to execute said instrument on behalf of said limited liability
company.
GIVEN under my hand and official seal this 2q!l--day of ~
2000.
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;' V ..' ~ON .....""'1'
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:. ~ : g ~~ (J): I. (printed name of notary)
~ ~.o PIJ6\..\C J }JOTARY PUBLIC in and forJDe State_ J
'I, ...., c:)~::p Jof Washington, residing at(S, IA..J1ACf~
"1 ~'..9.~.~.~.:~./ My Commission Expires: /fl.--z.C""('J 3
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04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Page 23 of 23
2000 0~2 80030
EXHIBIT LIST TO AGREEMENT
BETWEEN CITY OF AUBURN AND
TERRACE VIEW PROPERTIES
EXHIBIT A - Map Depicting Location of Terrace View Property
EXHIBIT B - Legal Description of Terrace View Property
EXHIBIT C - Design Standards for Terrace View Development
EXHIBIT D - EIS Mitigation Measures for Terrace View Development
EXHIBIT E - Site Plan for Terrace View Development, depicting location of
North Access Ramp and Terrace View Boulevard and road
approaches, and the location of multi-family and commercial
areas.
EXHIBIT F - Pierce County Right-of-Way Pe"rmit for Construction of North
Access Ramp
EXHIBIT G - Voluntary Agreement between Pierce County and Terrace View
Properties LLC for the Use of Trillium Stormwater Facility.
EXHIBIT H - City Standard Agreement for Developer Public Facility Extension
EXHIBIT I - City Standard Payback Agreement
EXHIBIT J - Terrace View's Water Service Plan for Terrace View Development
EXHIBIT K - Terrace View's Sewer Service Plan for Terrace View
Development
EXHIBIT L - City's Development Review and Inspection Process
04/14/00
TERRACE VIEW
PRE-ANNEXATION AGREEMENT
Exhibit List
Page 23 A
200004280030
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errace VielV
Exhibi t A
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2000042t;0030
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EXHIBIT B
LEGAL DESCRIPTION
TERRACE VIEW PROPERTIES. L.L.C.
PARCEL A:
Commencing at the Northwest corner of Section 6, Township 20 North, Range 5 East of the
W.M., in Pierce County, Washington; thence East 679.8 feet to the true point of beginning;
thence South to the South line of Government Lot 4; thence West along said South line to the
East line of State Highway No.5; thence South along said East line to the North line of the
South 170 feet of Government Lot 5 in said Section 6; thence East along said North line 1,030
feet, more or less, to a point 100 feet West of the East line of said Lot 5; thence Northeasterly
to a point on the East line of Lot 5, being 480 feet North of the Southeast comer of said Lot 5;
thence North along the East line of Lot 5 and Lot 4 to the Northeast comer of said Lot 4;
thence West along said North line to the point of beginning.
PARCEL B:
Commencing at the Southeast corner of Government Lot 5 in Section 6, Township 20 North,
Range 5 East of the W.M., in Pierce County, Washington; thence North along the East line of
said Government Lot 5, 480 feet to the true point of beginning; thence continuing Northerly
840 feet, more or less, to the South line of the North half of the Northwest quarter of said
Section 6; thence Easterly along said South line of the North half, 50 feet; thence Southerly
parallel to said quarter Section line 530 feet; thence Southwesterly to the true point of
beginning.
PARCELC:
An easement for ingress and egress over and across the South 170 feet of Government Lot 5
in Section 6, Township 20 North, Range 5 East of the W.M., in Pierce County, Washington,
appurtenant to a portion of the above described Parcel A as granted by Puget Sound Power &
Light Company in Deed dated November 27, 1967 and recorded under Auditor's No.
2220347.
EXCEPT that certain real property deeded to Pierce County by Statutory Warranty Deed
recorded under Pierce County Auditor's File No. 9908050698 for the North Access Ramp
Right-of-Way.
AND SUBJECT TO any and all easements, covenants, encumbrances, and restrictions of
record.
EXHIBIT B
Exhibit B
200004280030
EXHIBIT C
DESIGN STANDARDS FOR TERRACE VIEW DEVELOPMENT
A. Building Design Continuity:
The buildings shall be of similar height, scale, materials and colors to be in
general harmony with the other proposed development sections of the Terrace
View Master Plan Community. All accessory structures (Le. clubhouse,
carports, garages, etc.,) shall be composed of similar and complementary
construction attributes as incorporated by the primary structures outlined
above. .
B. Building Fa~ade Modulation
1. Building facades, especially those facing streets, shall be
articulated with architectural elements such as windows, entries, porches,
balconies, bays, visible trim, changes in color and/or materials, landscaping,
and similar elements which break up long blank walls and add visual interest
and enhance the character of the development.
2. Any other technique approved by the Planning Director that
archives the intent of this section shall be allowed.
C. Roofline Modulation:
All attached housing development shall provide roofline modulation along all
primary rooflines exceeding sixty (60') feet in length. The following roofline
modulation methods, including but not limited to, shall be allowed: such as
ridgeline offsets, ridgeline steps, dormers, cupolas, intersecting gables or
hipped roofs, chimneys or other architectural features and provide a modulation
of the primary roofline.
D. Landscape Materials and Site Treatment:
Landscaping and plant materials shall enhance the architectural character and
enhance the livability of the Master Plan Community by the following standards:
TERRACE VIEW
EXHIBIT "C"
PAGE 1
200004280030
1. Shall provide screening and privacy between the public and
private areas of the site.
2. Shall provide enhancement of the views to and from the
development.
3. Shall provide shade and compliment the visual building mass.
4. Shall create an overall landscape design for the Master Plan
Community of the entire development to including a balance of both deciduous
and coniferous/evergreen plant materials.
5. Shall provide walkways and pedestrian circulation convenient to
the residents and guests to promote safety and linkages to all site amenities.
6. Shall provide exterior lighting standards and fixtures to promote
safety, to compliment the community and architecture and be consistent in
design and size with the other master plan areas of the development.
TERRACE VIEW
EXHIBIT MC"
PAGE 2
200004280030
-
EXHmIT D
(Complete Copy of Document
in Planning Department File
: at City of Auburn) .
Terr~ce View Park
Preliminary Plat! .
Plannc"d Development Districf
"Draft EnVironmental Impact Statement
0-
>~
'-
Pierce ComitY, Washington 2000 0428 0030
EXHIBIT D
,. (Complete Copy of Document
in Planning Dept File at
City or Auburn)
October 1995
Exhibi tD
Page 1
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EXHIBIT D
(Complete Copy of Document
in Planning Department File
at City of Auburn)
Terrace View Park
Preliminary Plat!
Planned Development District
Final Environmental Impact Statement
Pierce County, Washington
May 1997
200004280030
EXHIBIT D
(Complete Copy of Document
in Planning Dept. File
at City of Auburn)
Exl1.imi t D
Page 2
'"'
11 X H I K 1.'1 .u
(Complete Copy of Document
in Planning Department File
at City of Auburn)
in File)
Terrace View Park
Environmental Impact Statement
Addendum
Exhiliit 0
Page 3
Pierce COlmly, w;~n 0 0 42 8 0 0 30
EXHIBIT D
(Complete Copy of Document
in Planning Department File
at City of Auburn)
September 1999
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EXHIBIT F
'. PIERCE COUNTY PUBLIC WORKS AND UTILITIES DEPARTMENT
\, TRANSPORTATION SERVICES
:. 2401 South 35th Street. Tacoma, Washington 98409
. r Telephone: (206) 591-7250
"
Date Aeceived: ~. 2. '"I .99
L PERMrr FOR:
i:' [ ) Culverts in Right-of-Way [ J Test Holes in RIght-of-Way
t: [ ) TreeNegetallon Removal from Right-of-Way ( ] Stormwaler Disposal Project
r ['Xl. Other Right-of-Way Request o{{'::>,'\e... \ i"\?t~l"'l~-h, -"Tertc'-Cl:- Vll~.-..) V"C>?~lf~
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LocaIIon of Project and Reason for Request L&..~ IG.??". y",\~~~ [.6.::.1- - NcNk
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Twp. 2. 0" N., Age. 5
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f CSTtJIy that the above InfonJJallon is COtrfICt and Ih8t the spp/icIIbIe 1&gUiBiions and ordnsnces refatk7g to /his
worlc will ". compfitKI with. Ths rrorIc wiN ". constructed tIS dhctBd by the County EngklH( t;K' his aUlhorized
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EXHIBIT F
200004280030
Conditions of Permit
These conditions apply to Permit issued by the County Engineer for work in right-of-way for
North Access Ramp (CRP 5489) and East Valley Highway East (CRP 5489) and in the future,
CRP 5490), for work to be done by Terrace View Properties or their appointed contractor(s), as
follows:
For work associated with North Access Ramp construction and for Terrace View
Properties' grading:
1. Permission to construct the North Access Ramp, per plans and
specifications provided in CRP 5489 as modified by the approved Terrace
View Properties Mass Grading and Erosion Control Plans.
2. Permission to install, by open cut, stonn drainage pipes and appurtenances
across East Valley Highway East right-of-way.
3. IngresslEgress to Terrace View Properties by using the North Access
Ramp right-of-way.
4. Terrace View Properties shall obtain Commercial General Liability
Insurance and Commercial Automobile Liability Insurance with limits and
endorsements as set forth on the Certificate of Insurance. Said Certificate
of Insurance shall be tendered by Terrace View Properties to the County
upon commencement of the construction of the Ramp.
Terrace View Properties shall defend, indemnify and hold harmless the
County, its elected officers and employees, from and against all loss and
expense, including but not limited tci,.judgments, settlements, attorney
fees and costs by reason of any and all claims and demands upon the
CoUnty, its elected or appointed officials or employees for damages
arising from personal or bodily injury. including death at any time
resulting therefrom sustained by any person or .persons and damage to
property including loss of use thereof arising from the negligence of
Terrace View Properties or its employees, agents, licensees or invitees in
the performance of this construction work.
5. Upon completion of the construction of North Access Ramp, Terrace
View Properties shall tender to the County a maintenance bond providing
for an I8-month maintenance period in the amount stipulated by the
County .
6. The County shall be responsible, at its sole expense, for any required
County inspection of the construction work for the road and slopes'
UC&AGR\TERRACE.AGR
2
, CONDmONS OF PERMIT
Exhi15it F
Page 2
200004280030
-.',
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associated with the North Access Ramp. The County and Terrace View
Properties shall make their best efforts to. resolve any disagreements as to
Terrace View Properties' performance of its consnuction of the North
Access Ramp arising from such inspections; provided. however, in the
event such disagreement is not resolved jointly between the parnes, the
County shall have the final determination.
7. In the event of preexisting subsurface or physical conditions of the site or
latent physical conditions at the site differing materially from those
ordinarily encountered or contemplated by Terrace View and the
County, or in the event of a natural disaster, Terrace View shall
promptly notify the County of such changed conditioDS. Upon such
notification, the County will promptly investigate such changed
conditions. The County and Terrace View shall use their best efforts
and cooperate with each other to determine an equitable resolution of the
matter.
8. In the event Terrace View and the County cannot reach an equitable
resolution of any matter or dispute relating to unforeseen conditions or
natural disasters described above, either Terrace View or the County
shall have the right at any time to invoke the arbitration services of the
Tacoma Office of Judicial and Mediation Services/Endispute ("JAMS")
by providing the other party with written notice to resolve me
determination of the matter in dispute. The party invoking arbitration
shall make contact with JAMS to schedule the arbitration at a time and
place convenient to both parties but in no event shall the arbitration be
held more than thirty (30) days from the date of the first communication
with JAMS unless mutually agreed to by both parties. In the event that
the parties are not able to agree on an arbitrator from JAMS, JAMS shall
provide each party with a list of three available arbitrators, and each
party may strike one. The remaining arbitrator shall serve as the
arbitrator. The parties agree that said arbitration by JAMS shall be in
accordance with the rules established by JAMS and shall be final and
binding on both parties.
Time Limits .
This permit shall expire five (5) years from the date of issuance.
~ 7-2Y:.p.,e
~OMAS . B~' P.E. Dare
County Engineer
LIC&AOR\TER.RACE.AGR
3
CONDmONSOFPERMlT
ExhiJ5i't F
Page 3
200004280030
Return to: Pierce County
Public Wodes and Utilities
9116 Gravelly Lake Dr. SW
Lakewood, W A 98499-3190
l.WDoq.OI05~3 .
EXHIBIT G
VOLUNTARY AGREEMENT BETWEEN
PIERCE COUN1Y AND TERRACE VIEW PROPERTIES, L.L.C.
FOR THE USE OF THE TRILLIUM REGIONAL
STORMWATERFACll..ITY
THIS AGREEMENT is made by and between Pierce County, a municipal corporation and
political subdivision of the State of Washington, hereinafter referred to as "County", and Terrace
View Propertiest L.L.C., a limited liability company of the State of Washington, hereinafter referred
to as ''Terrace View".
.
.
RECITALS:
Whereas, the County plans to construct a regional stormwater facility to be located at the
northwest quadrant of East Valley Highway East and 8th Street East, westerly of the Burlington
Northern Santa Fe Railroad right-of-way and is referred to as the Trillium Stormwater Facility.
Whereast the Trillium Stormwater Facility will provide stormwater detention and water
quality treatment facilities for the Lake Tapps Parkway, and the North and South Access Ramp.
Whereast the County is the owner of a certain parcel of real property as described in Exhibit
I, attached hereto and incorporated herein by this reference.
Whereas, Tenace View is the owner of a certain parcel of real property as descnoed in
Exhibit 2, attached hereto and incorporated herein by this reference.
EXHIBIT G
Exhibi.t G
Page. 1
1
20000~2~0030
Whereas, Terrace View's real property described in Exhibit 2 will be burdened by having to
design, construct, and fully maintain an on-site erosion control system and permanent water quality
treatment system when development occurs on the property. This same real property will also be
benefited by not having to construct an on-site stormwater facility.
Whereas, the County's real property described in Exhibit 1 will be burdened by having to
convey and receive additional stormwater from Terrace View's property into the County main trunk
line and the Trillium Stormwater Facility.
Whereas, it is the intent of the County and Terrace View that all of the covenants below shall
run with the land and bind both parties, their heirs, devisees, executors, administrators, grantees,
assigns, and successors in interest.
Whereas, P.C.C. 17 A.40.090 authorizes the use of voluntary agreements with developers for
use of publicly owned regional retention or detention facilities, if the following criteria are met:
Terrace View desires to enter into a voluntary agreement with the County in order to
discharge stormwater from their property into the Trillium Stormwater Facility.
The County agrees that Terrace View may discharge stormwater into the Trillium
Stormwater Facility, pursuant to the terms, conditions, and covenants of this agreement.
Terrace View agrees to voluntarily pay the County the anticipated costs for designing and
constructing an on-site stormwater facility in lieu of meeting the County requirements for
on-site stormwater facilities for private developments.
.
.
The Terrace View property is located within an existing natural drainage basin tributary to
the publicly owned Trillium Stormwater Facility.
NOW THEREFORE, in consideration of the terms and conditions contained herein and
attached and made a part of this agreement, the parties hereto covenant and agree as follows:
1. Design and Construction Costs. Terrace View agrees to voluntarily pay County the sum of
One Hundred Sixteen Thousand Seven Hundred Ninety Dollars ($l16,790.00) pursuant to Section
6.61(C)(1) of the Pierce County Stonnwater Management and Site Development Manual for the
anticipated costs for designing and constructing an on-site retention/detention water quality treatment
facility including land costs as required in-lieu of constructing such a facility.
2. Payment. Terrace View agrees that design and construction costs will be paid to the County
two weeks before the bid for construction is advertised. In the event that no award is made to any
bidder, the County will have two weeks to return the funds deposited by Terrace View.
Exh:iliit G
Page 2
2
200004280030
3. Commencement of Stormwater Facility Use. Terrace View shall have the right to commence
discharging stormwater from the Terrace View property to the main trunk line and Trillium
Stormwater Facility upon written notification from the Pierce County Public Works Water Programs
Division that the facility is ready for use. The County shall notify Terrace View within 10 (ten) days
from the date the Trillium Stormwater Facility is operational. Prior to this notification, Terrace View
shall have no right to discharge stormwater from its property into the Trillium Stormwater Facility.
, Terrace View shall have the right to discharge stormwater from the Terrace View property to the
connecting trunk line and to the Trillium Stormwater Facility at no more than the following identified
rates:
4.96 cfs for the 6 month - 4 hour storm event
9.20 cfs for the 2 year - 24 hour storm event
15.50 efs for the 10 year- 24 hour storm event
22.0 1 cfs for the 100 year-24 hour storm event
4. Erosion Control During Construction. In the event that the Terrace View on-site temporary or
permanent erosion control system fails or does not adequately control sediment leaving the site and
causes damage to the Trillium Stormwater Public Facility or the connecting main trunk line, Terrace
View shall be completely liable for all cleanup and remediation costs, penalties, and fines resulting
thereof.
Terrace View shall also make an assignment of funds to the County for erosion control in the amount
of $86,000 and shall deposit this amount to an interest bearing account at the time the building permit
is issued by Pierce County. Terrace View's funds will be held in this account until 18 months after
the landscaping is completed. In the event that the Terrace View erosion system fails or does not
adequately control sediment affecting the Trillium pond or the connecting main trunk line, the funds
in the account will be made available to Pierce County Water Programs for the sole and specific
purpose of cleaning and restoring the condition of the Trillium Stormwater Facility and the main
trunk line. In the event the County elects to withdraw funds from the assignment of funds, the
County shall be required to promptly notifY Terrace View of the County's decision to withdraw funds
and the reason for the withdrawal. The funds shall be held in this account until a written release is
issued from Pierce County Water Programs. A separate assignment of funds form will be provided to
create this account.
.
,
5. Costs of Construction and Maintenance. County shall bear all costs and expenses relating to
designing, permitting, constructing, maintaining, improving, repairing, and any future modifications
to the Trillium Stormwater facility. The County will also construct and maintain the main trunk line
to provide storm drainage conveyance for the Lake Tapps Parkway and North Access Ramp.
However, Terrace View shall bear the costs of cleaning and restoring the condition of the Trillium
Stormwater Facility and connecting main trunk line in the event the temporary or permanent erosion
control system fails or does not adequately control sediment, as described in paragraph (4).
ExhiJ5it G
Page 3
3
2000042~0030
6; Connection Costs. Terrace View shall bear all costs and expenses relating to the design,
maintenance and repair of a system to bring water from the Terrace View Development to the main
trunk line. Terrace View will connect its storm drainage system into the main trunk line of the N.
access ramp at drainage structures 13,9, 7 and 2 which was designed under Pierce County Road
Project (CRP) No. 5489.
7. Indemnification and Hold Harmless. Terrace View agrees to defend, indemnify and save
harmless the County, their appointed and elected. officers, employees and agents from and against all
loss or expense, including but not limited to judgments, settlements, attorney's fees, and costs by
reason of any and all claims and demands upon the County, their elected or appointed officials,
employees and agents for damages because of personal or bodily injury, including death at any time
resulting therefrom, sustained by any person or persons and on account of damage to property
including loss of use thereof, arising out of this agreement or the exercise of the rights granted to the
Terrace View, whether such injury to persons or injury to property is due to the negligence of Terrace
View, its or their employees or agents, the County, their appointed or elected officers, or their
employees or agents, except only such injury or damage as shall have been occasioned by the sole
negligence oftbe County, their appointed or elected officials or employees or agents.
If the claim, suit, or action for injuries, death or damages as provided for in the preceding paragraph
is caused by or results from the concurrent negligence of (a) the County or the County's agents or
employees, and (b) Terrace View or Terrace View's agents or employees, the indemnity provisions
provided for in the preceding paragraph shall be valid and enforceable only to the extent of the
Terrace View's negligence.
"
.
8. Water Quality. Terrace View shall design, construct, and fully maintain an on-site oiVwater
separator system at the points of discharge into the main trunk line conveyance system in accordance
with the current Pierce County Site Development Manual for the purpose of screening oils from the
runoff and stormwater collected on the Terrace View property. This system shall be consistent with
the design shown in Exhibit 3, attached hereto and incorporated by reference herein.
Terrace View shall be solely responsible and liable for all violations of water pollution and control
regulations, soil and groundwater contamination, and other environmental regulations, arising out of
or in any way relating to the runoff from Terrace View's property. Terrace View shall be solely
liable for all fines or civil penalties, and any costs of remediation for water pollution, soil and
groundwater contamination, or any other environmental contamination, if any, arising out of or in
any way relating to the runoff from the Terrace View Property, and Terrace View shall wholly
indemnify, defend and hold harmless the County therefrom.
9. Successors and Assigns. The rights and obligations of the County and Terrace View as set forth
in this agreement are binding and inure to the benefit of their respective heir(s), successor(s) and
assign(s). In the event that the area containing the Trillium Stormwater,Facility and/or the main trunk
Exllil5it G
Page 4
4
2000 0428'00 3~
line within the North Access Ramp or the East Valley Highway are annexed, sold, or condemned, or
ownership is otherwise transferred, all rights and obligations of either party will be binding on the
respective heir(s), successor(s) and assigns(s). It is anticipated that the City of Auburn will be the
County's successor following an annexation proceeding.
10. Compliance with Laws and Rules. Terrace View shall comply with all environmental rules and
regulations, and any other applicable statutes, rules, regulations whether federal, state, or municipal,
relating to its construction and site development activities, and shall take all reasonable precautions
to operate in accordance with the terms of its permits, and with said rules and regulations.
ll. Notice. Any notice provided for or concerning this agreement shall be in writing and shall be
deemed given when sent by certified or registered mail if sent to the respective address of each parry
as set forth below.
To County:
Director
Pierce County Public Works and Utilities
2401 S. 35th, Room 150
Tacoma, WA 98409-7485
To TerraceView: Jon D. Cheetham, Managing Member
Terrace View Properties, LLC
P.O. Box 5430
Kent, W A 98064-5430
~
,
l2. Choice of Law, Jurisdiction and Venue. This agreement shall be governed by, construed, and
enforced in accordance with the laws and regulations of the United States, the State of Washington,
and the ordinances of the Pierce County
13. No Waiver. The failure of either County or Terrace View to insist upon the perfonnance of any
of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and
conditions of this agreement, shall not be construed as thereafter waiving any such terms and
conditions, but the same shall continue and remain in full force and effect as if no such forbearance or
waiver had occurred.
14. Attorney Fees and Costs. In the event of any controversy, claim, or dispute arising out of or in
any way relating to this agreement or its breach, the prevailing party shall be entitled to recover its
cost and reasonable attorney fees.
l5. Effect of Partial Invalidity. The invalidity of any portion of this agreement will not and shall
not be deemed to affect the validity of any other provision. In the event that any other portion of
Exfii1>it e;
Fag-e 5
5
200004280030
this agreement is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been' executed by both parties subsequent to
the expungement of the invalid provision.
16. Entire Agreement. This agreement shall constitute the entire agreement between the parties
and any prior oral understanding or representation of any kind preceding the date of this
agreement shall not be binding upon either party except to the extent incorporated in this
agreement.
17. Modification of Agreement. Any modification of this agreement or additional obligation
assumed by either party in connection with this agreement shall be binding only if evidenced in
writing signed by each party or an authorized representative of each party.
18. Authorization to Sign. The parties hereto each represent and warrant that all necessary
signatures and consents to enter this agreement/easement and to assume and perform the
obligations hereunder have been duly and properly obtained.
19. Covenants Running with the Land. The above covenants and agreements are covenants
running with the land binding the County'apd Terrace View, -their heirs, devisees, executors,
administrators, grantees, assigns, and successors in interest.
AGREED TO ,TIllS ~ day of ' HPRI L
, -l9 dCCO
PIERCE COUNJY:
TERRACE VIEW:
TERRACE VIEW PROPERTIES, LLC
~fA etAA' ~ 'I'Y:a/--
PIerce County Executive
737 County-City Building
930 Tacoma Avenue South
Tacoma, W A 98402
By:
Managing Me
P.O. Box 5430
Kent, WA 98064-5430
PIERCE COUNTY:
Exhibit G
Page 6
6
200004280030
acknowledged 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 Doug Sutherland was
authorized to execute said instrument on behalf of Pierce County. :laO
Given under mv hand and official seal this ~ day of I1PRI L , -l999:-
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(TypelPrint ~) ~H""l~)S. KLG/5T
NOTARY PUBLIC in and for the State
of Washington, residing at Tacoma.
My Notary expires 07"',;;2'5 -00
~
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(fype/Prinl Name) · ~
NOTARY PUBLIC in and for the s.tate
of Washington, . residinz1~acoma.
My Notary expIres O!!:>
Additional Pierce County Signatures:
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DEP' DIRECTOR
Exhibit G
Page 7
4. ~.OD
Date
7
20 0 0 0 4-2 ts 0 0 30
'1- 3-~o
Date
JiJ- 7.~/ \j..,
BUDGET AND FINANCE I Date
ExfiiJi[t e;
Page. 8 .
~~
Date
8
200004280030
EXHIBIT 1
LEGAL DESCRIPTION FOR CRP 5357, PARCEL 3149, CATKIN RESOURCES
,;
That portion of the hereinafter described Tract "X" described as follows:
Beginning at a point opposite Engineer's Station (hereinafter referred to as ES) 8TH 62+90.65 on
the centerline of 8th Street East and 30.00 feet northerly therefrom; thence North to a point
opposite "ES" 8TH 62+90.62 and 75.00 feet Northerly therefrom; thence Easterly to a point
opposite "ES" 8TH 63+90.62 and 75.00 feet Northerly therefrom; thence Northerly to a point
opposite "ES" 8TH 63+90.37 and 444.70 feet Northerly therefrom; thence Northeasterly to a point
opposite "ES" 8TH 77+29.94 and 810.12 feet northerly therefrom; thence Northeasterly to a point
opposite ES 8TH 78+34.05 and 936.31 feet northerly therefrom; thence South 0055'06# East to a
point opposite ES 8TH 78+72.58 and 49.16 feet northerly therefrom; thence Westerly to a point
opposite ES 8TH 78+55.63 and 46.43 feet northerly therefrom; thence Westerly to a point
opposite ES 8TH 73+81.53 and 35.00 feet northerly therefrom; thence westerly to a point opposite
ES 8TH 67+ 16.38 and 35.00 feet northerly therefrom; thence Southerly 5.00 feet to a point
opposite ES 8TH 67+ 16.45 and 30.00 feet northerly therefrom; thence westerly to the point of
beginning of this description.
Tract "X"
Parcel "A"
That portion of the East half of the Southeast quarter of the Northeast quarter of SECTION 1,
TOWNSHIP 20 NORTH, RANGE 4 EAST of the W.M., in Pierce County, Washington, lying
West of the property conveyed to Puget Sound Power and Light Company, by instrument
recorded under Auditor's No. 2217810.
EXCEPT Indian Ferry-Stuck Valley County Road on the South, AND
EXCEPT that portion thereof conveyed to Pierce County for right of way for Indian Ferry-Stuck
Valley Road (8th Street East) by deed recorded under Auditor's No. 2150361.
Parcel "B"
The West half of the Southeast quarter of the Northeast quarter of SECTION 1, TOWNSHIP 20
NORTH, RANGE 4 EAST of the W.M., in Pierce County, Washington.
EXCEPT Indian Ferry-Stuck Valley County Road on the South, AND
EXCEPT the South 35 feet for 8th Street East (Indian Ferry-Stuck Valley Road), as conveyed to
Pierce County in Deed recorded under Auditor's No. 216777 I.
Parcel "C"
Commencing at the Northeast comer of SECTION I, TOWNSHIP 20 NORTH, RANGE 4 EAST
of the W.M., in Pierce County, Washington, thence South 0010' East along the East line of said
Section I, 1405.80 feet to a point; thence North 89023' West 1321.32 feet to the true point of
beginning, being the Northeast comer of the Southwest quarter of said Northeast quarter; thence
South 0036' East along the East line of the Southwest quarter of the Northeast quarter, 1286.70
feet to the North marginal line of Stewart County Road; thence North 89023' West along said
North marginal line 425.80 feet; thence North 006' East 1286.70 feet; thence South 89023' East
410.08 feet to the point of beginning. '
Exhibit G
Page 9
'.
200004280030
.EXHIBIT 2
DESCRIPTION
TERRACE VJEW PRO'P'RRTIF.S 1~. \,..C.
PARCEL^-:
Commencing at the Northwest comer of Section 6, Township 20 North, Range 5 East of the
W.M., in Pierce County, Washington; thence East 679.8 fect to the true point of beginning;
thence South to the South line of Government Lot 4; thence West along said South line to the
East line of State Highway No.5; thence South along said East line to the North line of the
South 170 feet of Government Lot 5 in said Section G; thence East along said North line 1,030
feet, more Ot' less, to a point 100 feet West of the East line of said Lot 5; thence Northeasterly
to n point on the East line of Lot 5, being 480 feet North of the Southeast comer of said Lot 5;
thence North along the East line of Lot S and Lot 4 to the Northeast comer of said Lot 4;
thence 'Vest along said North line to the point of beginning.
PARCEL B:
Commencing at tIlc Southeast comer of Government Lot 5 in Section 6, Township 20 North,
Range 5 East of the W.M., in Pierce County, Washington; thence North along the East line of
said Government Lot 5, 480 feet to the true point of beginning; thence continuing Northcrly
840 feet, more or less. to the South line of the North half of the Northwest quarter of said
Section 6; thence Easterly along said South line of the North h~ 50 feet; thence Southerly
parallel to said quarter Section line 530 feet; thence Southwesterly to the true point of
beginning.
PARCELC:
An casement for ingress and egress over and across the South 170 feet of Government Lot 5
in Section 6, Townsbip 20 North, Range S East of the W.M., in Pierce County, Washington,
appurtenant to a portion of the above described Parcel A as granted by Puget Sound Power &
Light Company in Deed dated November 27. 1967 and recorded under Auditor's No.
2220347.
EXCEPT that certain real property deeded to Pierce County by Statutory Warranty Deed
recorded under Pierce County Auditor's File No. 9908050698 for the North Access Ramp
right-of-way:
AND suaJEcr TO any and all easements. covenants, encumbrances, and restrictions of
record.
Exhibit G
Page 10
200004280030
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2'000042M0030
lEXhibi.t Ii
Paga 1
CITY OF AUBURN
AGREEMENT
for
DEVELOPER PUBLIC FACILITY EXTENSION
200004280030
AGREEMENT for DEVELOPER PUBLIC FACILITY EXTENSION
FACILITY EXTENSION NUMBER:
The City of Auburn, hereinafter referred to as the "City", and , hereinafter
referred to as the "Owner", hereby enter into this Developer Public Facility Extension
Agreement, hereinafter referred to as the "Agreement", and make the following expressed mutual
promises and covenants regarding the Owner's proposed Developer Public Facility Extension,
hereinafter referred to as the "Extension (s)", wherein the City agrees to accept the Extension (s)
for operation and maintenance and provide a facility connection (s) to the proposed Extension (s)
if the Owner, at the Owner's expense, designs, constructs, conveys and transfers said Extension
(s) to the City pursuant to the terms and conditions of this Agreement. This Agreement is valid
and binding for the Extension (s) designated in the Scope of Work as incorporated on the
approved plans and summarized below:
Facilitv Extension (s) Summary
The installation of approximately _ LF of street, _ LF of waterline, _ LF of
sanitary sewer, _ LF of storm or any other associated public facility as shown
on the Facility Extension application and the intial plans submitted on
200_ and referred to as the development. Any
changes to this summary during the City's review process that are included in the
final approved plans shall be adopted hereto and incorporated herein by this
reference.
Agreement for Developer Public Facility Extension
DATE. 2000
~g,e f.of 14
EXtllb~t H
200004280030
I. CASH DEPOSIT
The Owner shall deposit funds (Cash Deposit) with the City in an amount specified in the below
fee schedule, to pay for City-estimated administration, design review, testing and inspection fees.
The City may adjust the amount of the deposit at any time, as necessary, is used to pay for
appropriate administration, design review, and inspection fees. These fees shall be based on the
City's actually expended direct and indirect labor and transportation.
The application deposit will be $500 for the first facility and $250 for each additional facility.
The deposit will be applied against the City administration and design review costs from the time
of the application to completion of the preliminary plan review process. The application deposit
will be credited toward the total F AC cash deposit as described above.
The Cash Deposit will not accrue interest. If the deposit is expended, the City may request
additional deposit(s) before City staff does further work, or bill the account. Statements do not
include invoice documentation and are mailed on the 15th of each month. Payment is due by the
1 st of the following month as shown on the billing statement. A monthly finance charge of 1 %
of the ending balance will be accessed on all unpaid balances.
If no payment is made within 60 days the account will be considered past due and all further City
staff work on the project may be suspended. After 90 days past due, the City may take whatever
action is necessary to collect including referral to the City Attorney and/or a collection agency.
The Owner shall also pay reasonable fees to the City, in addition to the amount identified in said
fee schedule, if the City is required to perform additional work relating to the Extension, which
may include, but is not limited to, the following:
A. Additional support services, which shall include, but are not limited to, television
inspections, water-testing services, and soil testing services provided to the City
by private suppliers. .
B. To meet the normal plan distribution requirements for the City and other public
agencies, the City may solicit private printing services to provide the necessary
blueprints of the approved facility design.
C. Any permit or franchise reasonably required by the City.
D. Acts by the Owner or Contractor that require that the City staff spend
extraordinary time on Extension-related issues.
E. The City's need to obtain consulting support services to assist the City when the
scope of the Extension is beyond the City's normal area of expertise or the City's
ability to review within a reasonable time. Authorization from the Owner shall be
required before the City enlists project consulting support services.
Agreement for Developer Public Facility Extension
October, 1999
~~~I'k
200004280030
Before the City accepts an Extension for operation and ownership, the status of the cash deposit
shall be reviewed by the City to ensure that there are adequate funds to complete the work. If
additional payment is required, the Owner shall make such payment to the City before the City
accepts the Extension. Charges may be posted for as long as six months following acceptance of
the facility, depending on the project. Any unused cash deposit will be refunded to the Owner
after all charges have cleared.
The described fee schedule shall be used as a guideline for determining the required Owner Cash
Deposit. For any situation where the fee schedule may not apply to the Extension, the Cash
Deposit shall be based on City-estimated administration, design review, and inspection fees.
A. The fee schedule for Extension within the City limits shall be:
Fee per foot of
Extension
Tyoe of Extension
Water
Sanitary Sewer
Storm Sewer
1/2 Street
Full street
$1.50
$2.50
$1.50
$3.50
$4.00
B. The fee schedule for Extension(s) outside the City limits shall be:
Type of Extension
Fee per foot of
Extension
$2.50
$3.50
Water
Sanitary Sewer
C. The Deposit Fee shall equal the sum of the estimated linear footage of each type
of extension times the applicable fee per foot of extension including additional
fees and/or reduction as follows:
1. The minimum deposit fee shall be $1,500, plus an ,additional minimum of
$1,000 for Extensions outside City limits.
2. For projects that include a proposed extension of multiple facilities, a
reduction of the above-calculated Deposit Fee shall be allowed as follows:
If two facilities - 10% reduction
If three facilities - 20% reduction
If four facilities - 30% reduction
Agreement for Developer Public Facility Extension
DATE. 2000
Page 4 of 14
Exhibit H
2(}0004280030
This reduction shall only apply when the shortest facility is at least 25% of
the longest facility in linear footage.
3. For non-linear improvements such as wells, reservoirs, lift stations, or
drainage ponds, the Deposit Fee shall be based on City-estimated cost to
provide services as described in Section I. No fee reduction shall be
allowed fo~ these types of multiple facilities.
II. CONSTRUCTION PLANS
Before or simultaneous with the execution of this Agreement, the Owner shall submit plans
designed by a professional engineer registered in the State of Washington to the City for review
and approval.
Plans shall contain all information required for Extension construction, and shall comply with
City design standards and construction specifications as of the date of the execution of this
Agreement. Plans shall be updated and revised during construction to reflect major changes
caused by field conditions or revised development proposals. Plans, updates, and revisions shall
indicate all sanitary sewer, storm drainage, water utilities, and transportation facilities designed
in compliance with City requirements. Additional reports, design calculations, surveys, and
applicable supporting data shall be submitted to the City as requested.
Construction plans that are generated in a computer-aided drafting/design system shall be
developed in an electronic format acceptable to the City.
For extensions that include construction within an existing, developed right-of-way, the City
shall determine a reasonable time frame in which the Owner will complete all work within the
right-of-way, including final clean up. An estimated construction period for such work shall be
designated in calendar days and will be determined at the pre-construction conference. The
authorized construction period shall start when work first begins within the right-of-way. If the
required work is not completed within the allotted time, the City is authorized to suspend all
Extension-related worked and place a claim against the Performance Bond.
Mter a City review, all plans shall be resubmitted to the City within 60 days of the date the plans
were returned to the Owner's engineer for revision. If the plans are not submitted within 60 days,
the City may review and adjust the cash deposit amount.
If either plan review or construction activities become inactive on the Owner's part for a period
of six-months, the City may require the plans be revised to conform to existing field conditions,
or to meet current City design standards and regulations. The City may also require the
execution of a new Agreement, in which case, this Agreement shall become null and void.
When the plan review process is completed and City development regulations and requirements
contained in this Agreement are met, the City Engineer shall approve the Extension plans for
construction.
Agreement for Developer Public Facility Extension
October, 1999
~<!t!'\i
20000428003~
III. RIGHTS-OF-WAY
At the Owner's expense, certain real property (Street Right-of-way) may be required to be
furnished to the City. Upon receipt of a certified legal description of the street right-of-way from
the Owner, prepared by a licensed land surveyor or registered professional engineer, the City will
prepare the necessary Statutory Warranty Document for the Owner's signature. The Owner shall
convey to the City the required street right-of-way by good and sufficient Warranty Deed, free
from encumbrances of every nature. The street right-of-way shall be deeded to the City prior to
the approval of the construction plans.
IV. PAYBACK AGREEMENT
The City may enter into a Payback Agreement (Exhibit "B") with the Owner pursuant to the
requirements of RCW 35.91, the terms of this Agreement, and the City's established payback
procedures (available upon the request from the City). Paybacks are generally available only
when the new public facility lays along side the adjoining property.
V. PERFORMANCE BOND
Before construction starts, the Owner may be required to furnish an approved Performance Bond
for a minimum of 125 percent of the City-estimated installation costs for improvement
constructed within the existing rights-of-way and easements, or when deemed in the Public's best
interest.
The Owner may designate an Agent such as a contractor or engineer to provide the required
Performance Bond to the City. In such event, the Owner shall remain responsible for the
contractual obligations set forth herein:
A. The 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, covenants, terms, and conditions of the Agreement relating to the
Extension. Such bond shall be executed by the Owner or Contractor and a
corporate bonding company licensed to transact such business in the State of
Washington, and who are named on a current list of Surety companies acceptable
as published by the Insurance Commissioners office.
B. The Owner shall bear the expense of the bond. If at any time a surety on any such
bond is declared bankrupt, loses its right to do business in the State of
Washington, or is removed from the list of approved Surety companies, the
Owner shall substitute an acceptable bond or bonds in the form and sum and
signed by another surety or sureties as may be satisfactory to the City. The
Owner shall pay the premiums on such bonds.
C. The Owner may, in lieu of a Performance Bond, assign funds to the City pursuant
to an approved Assignment of Funds form.
Agreement for Developer Public Facility Extension
DATE,2ooo
Page 6 of 14
Exhibit H
20 0 0 042 8 0 0 30
VI. INSURANCE
Throughout the period of performance of this Agreement for all construction related activities,
the Owner or Contractor shall carry and maintain commercial general liability insurance with
limits of not less than $1,000,000 per occurrence for bodily injury, including death, and
$1,000,000 per occurrence for property damage or, alternatively, one million ($1,000,000) per
occurrence combined single limit for bodily injury and property damage combined.
This insurance shall be in a form and with an insurer acceptable to the City, and shall contain
coverage for all premises and operation, broad fonn property damage, contractual liability
(including without limitation that specifically mentioned in the Agreement, and products and
contemplated operations insurance.
This insurance shall include explosion, collapse, underground excavation, or lateral support.
Any policy or policies that provides the insurance required in this Agreement shall name the City
as an additional insured to the extent of the contractual obligations set forth here. If the
Contractor, as the Agent of the Owner, provides the required insurance, then such insurance shall
name both the Owner and the City as additional insured.
Before the beginning of the performance period under this Agreement, the Owner shall provide
for City review and approval, a certificate of insurance reflecting full compliance with the
requirements set forth in this Agreement. The certificate shall be kept current and in compliance
throughout the perfonnance period until final acceptance by the City (and for two years
thereafter for products and contemplated operations liability), and shall provide for 30 days
advance written notice to the City if cancellation or material change adversely affect the interests
of the City.
Throughout the perfonnance period of the Agreement, the Owner shall cover or maintain
insurance in compliance with the applicable worker's compensation laws, with respect to all of
its respective employees working on or about the facility site, regardless of whether such
coverage or insurance is mandatory or merely elective under the law.
VII. INDEMNIFICATION
The Owner shall defend and hold harmless the City, its elected and appointed officials,
employees, and agents from any actions, causes of action, liabilities, claims, suits judgments,
liens, awards, demands and damages, of any kind including, for property damage, personal
injury, or death (including any claims brought by employees of the Contractor or any
subcontractor). The City shall be held hannless for all expenses, costs of litigation, and
reasonable attorney's fees, expert witness fees, and costs of services of engineering and other
personnel related to any such action, or incident to establishing the right to indemnification, to
the extent such claims arise from any negligent act or omission or willful misconduct of the
Owner, Contractor, any subcontractor, or their employees, arising out of or in any way related to
their perfonnance of the Agreement, including without limitation the provision of services,
personnel, facilities, equipment, support, supervision, or reviews.
Agreement for Developer Public Facility Extension
October, 1999
Page 7 of 14 .
EXhibit H
20000.4280030
The Owner expressly waives any immunity under industrial insurance, whether arising from
RCW Title 51 entitled "Industrial Insurance" or any other statute or source solely for the benefit
of the City and solely to the extent of the indemnity set forth in this Agreement.
The Owner shall, at the City's request, furnish comprehensive evidence that all obligations of the
nature designated in this agreement have been paid, discharged, or waived.
VIII. CONSTRUCTION
After the plans are approved, a pre-construction conference shall be held between the Owner's
Contractor and City staff before construction can begin.
. The following applicable items shall be satisfied before a Notice to Proceed will be issued to the
Contractor:
A. A Performance Bond or Assignment of Funds (see Section V herein).
B. Proof of Insurance naming the City (and Owner if Contractor supplies insurance)
as an additional insured (see Section VI herein).
C. A Statutory Warranty Deed for street right-of-way (see Section ill herein).
D. A notarized copy of the Contractor's Labor & Industry license.
E. Business registration with the City for all contractors and subcontractors when
working within the City limits.
F. A Contractor and subcontractors call list. .
G. The Contractor's experience record covering the past five years for projects
similar in size, scope, and difficulty as the proposed improvements, if requested
by the City.
H. For work outside of Auburn's City limits, adequate County permits/approvals
must be satisfied. The City will apply for Right-of-way permit once plans are
approved.
1. If sewer extension, King County Metro permit approval. The City will apply for
permit once plans are approved.
The City shall provide part-time inspection of the Extension while under construction to assist
the Owner in complying with the City design standards and construction specifications. The
City shall also assist the Owner in complying with the present City rules, regulations, and
resolutions and the terms of this Agreement. This assistance does not relieve the Owner of
Agreement for Developer Public Facility Extension
DATE, 2000
Page 8 of 14
Exhibit H
20000428003D
responsibility for complying with the plans, specifications, or terms of this Agreement, or any
rules and regulations imposed by the City, County, or other agencies.
All construction performed by the Owner shall be in compliance with City construction
specifications and design standards. The Owner shall be responsible for acquiring these
Standard Specifications and having a copy on-site during construction.
The Owner agrees to comply with all State, County, and City regulations applicable to the
Owner while construction is in progress in public rights-of-way.
The Owner agrees to give the City 24-hours notice before beginning any construction. All new
pavement patches must be completed within 30 days of the original excavation unless the City
agrees otherwise. If a new patch is not completed within 30 days, the Owner agrees that the City
may hire an independent contractor to complete the necessary work and bill the Owner for the
actual costs incurred. The Owner shall restore to City standards all pavement cuts made pursuant
to the construction of the Extension before the City accepts the extension.
The City has the authority to decide all questions regarding the quality and acceptability of the
materials furnished and of the work performed for the construction of the improvements. The
City shall also have the authority to suspend construction work, in whole or part, for the failure
of the Owner/Contractor to carry out the work in conformance with City development
regulations, City construction standards, and approved plans; to correct conditions unsafe for the
work, workers, or the general public; for unsuitable weather or other conditions which the City
considers unsuitable for the construction work; or for any other condition or reason the City
deems to be in the public interest.
The City shall approve the construction of the Extension.
The Owner's contractor shall make a written request to the City a minimum of 72 hours in
advance when work is to be performed on Saturdays, Sundays, Holidays, or other than normal
working hours. Written permission from the City shall be required before the contractor is
allowed to work during any such requested hours. Approval of the contractor's request shall be
dependent on the City's ability to provide adequate construction project monitoring during the
requested time.
IX. ACCEPTANCE OF EXTENSION FOR OPERATION AND OWNERSIDP
The City agrees to accept the Extension for operation and ownership upon approval of the
construction of the Extension and the full compliance of the terms and conditions of this
Agreement, including the following requirements:
A. Maintenance Bond (see Section X herein).
B. Bill of Sale (see Section XI herein).
C. Record construction drawings and reports (see Section xn herein).
D. Utility easements (see Section xm herein).
E. Any additional payment due (see Section I herein).
Agreement for Developer Public Facility Extension
October, 1999
]'age.9 of 14
Exhibit H
20000-4280030
Upon approval and acceptance, the City shall send a letter to the Owner accepting the system for
ownership and operation.
If a Payback Agreement is applicable, the Owner will be required to provide the City with cost
data within 30 days of project acceptance. The City will provide a sample for infonnation on
cost data.
The City shall release the Perfonnance Bond, if applicable, to the Owner within 30 days of the
letter of acceptance. Any remaining Cash Deposit shall be refunded to the Owner once the
Owner executes a Payback Agreement, if applicable, with the City. Charges may be posted
against the deposit or billed for as long as six months after acceptance of the facility, depending
on the project.
X. MA~NANCEBOND
Before the City accepts the Extension for operation and ownership, the Owner shall provide a
one-year Maintenance Bond in the amount $2,000 or 10 percent of the City's estimated
replacement costs of the improvements, whichever is greater. For some facilities, the City may
require the Owner to provide a Maintenance Bond beyond the one-year period. If the City elects
to so require, the City shall notify the Owner before the start of construction.
The Owner may designate an Agent, such as a contractor or engineer, to provide the required
Maintenance Bond to the City. In such event, the Owner shall remain responsible for the
contracwal obligations set forth in this agreement. If the Agent defaults on the Maintenance
Bond, this authorization for designation of an Agent would not preclude the City proceeding to
foreclosure or demanding forfeiture of the bond against the Owner, who would in turn have the
right of action against the Agent.
During this one-year period, the Owner shall warrant that the materials and equipment furnished
by the Owner for the Extension are in nonnal working order and condition except where abused
or neglected by the City. The Owner shall guarantee that it will repair or replace at its own
expense any work or material that proves to be defective during such warranty period.
Within one year of the date of acceptance of the Extension, the City shall reinspect the Extension
for warrantee compliance. If this reinspection detennines that the Extension functions as
intended at the time of acceptance, the City shall release the Maintenance Bond. If the
reinspection determines that the Extension is not functioning as intended at the time of
acceptance, the Owner shall replace or repair said Extension and the City, at its option, may
extend the maintenance period for such replacement or repair for another one year. After an
acceptable maintenance inspection, the City will release the Maintenance Bond and accept the
facility for maintenance.
The Owner shall bear the expense of the bond. If at any time a surety on any such bond is
declared bankrupt, 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 Owner shall substitute an
Agreement for Developer Public Facility Extension
DATE. 2000
PageJO of 14
Exhibit H
200004280030
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 Owner shall pay all premiums on these bonds.
The Owner, in lieu of a Maintenance Bond, may assign funds to the City pursuant to an approved
Assignment of Funds form.
XI. BILL OF SALE
Before the City accepts the Extension for operation and ownership, the Owner agrees to execute
an approved Bill of Sale (the City will prepare this document, once information is received, for
Owner's signature) for the improvements that are to be dedicated to the City. The Bill of Sale
will provide for the transfer of title of the Extension from the Owner to the City and will further
include the following items:
A. The Owner is the lawful owner of the Extension and it is free from all
encumbrances.
B. The Owner has paid all bills for all labor and material used during construction of
the Extension or has obtained lien wavers from all persons who have not been
paid for their labor or material.
C. The Own'er has the right to transfer the Extension' and will warrant and defend the
same against lawful claims and demands of all persons for one year from the date
the Bill of Sale is accepted by the City.
D. The Owner will grant the Extension to the City for the consideration of
incorporating the Extension into the City system.
XII. RECORD CONSTRUCTION DOCUMENTS'
Before the City accepts the Extension for operation and ownership, the Owner agrees to provide
the City with certified record construction drawings and related electronic file information.
These drawings must accurately reflect all field design revisions made to the Extension during
the construction process in conformance with the City's record construction drawing
requirements available upon request from the City. All required record drawing information
shall be clearly shown on the original design mylar drawings (and in the electronic drawing file
if applicable) approved for construction by the City. A certified and updated storm drainage
report will also be required. Record construction document requirements are available upon
request from the Public Works Department.
XIII. UTILITY EASEMENTS
At the Owner's expense, certain public utility easements may be required. The easement form
and documents will be prepared by the City (for Owner's signature) once information is received
from the Owner. The easement documents provided shall include certified legal descriptions,
prepared by a licensed land surveyor or registered professional engineer that conform with the
Agreement for Developer Public Facility Extension
October, 1999
Page 11 of 14
Exhibit H
200004280030
record construction drawings for the Extension. The easements shall be provided prior to the
acceptance of the Extension for operation and ownership by the City.
Short plats with public utilities require individual recorded utility easements prior to final
acceptance of short plats.
Formal plats (5 lots or more) require individual recorded easements, in those areas outside
dedicated roadways, prior to final acceptance of the plat.
XIV. SERVICE CONNECTIONS
There will be no connections to or usage of the Extension before the City accepts the Extension
for operation and ownership as described above.
The Owner shall notify the City in writing of any intent to make service connections to the
Extension or any existing City system. No connections to, nor utilization of, the Extension or
any existing City system shall be made without the express written consent of the City. Note that
certain other utility permit fees and system development charges may be required prior to service
connection. In addition, the City shall supervise all service connections.
Connections to and utilization of the Extension shall not relieve the Owner of the obligation to
correct defects in labor and/or materials as provided in the Maintenance Bond section of this
Agreement. All City-authorized connections shall be subject to the control, use, and operation of
the City, which shall be subject to all regulations and conditions of service. Service connections
will not be allowed, except by the Owner, until the Owner executes a Payback Agreement with
the City (if applicable).
Agreement for Developer Public Facility Extension
DATE. 2000
,Page 12 of 14
Exhibit H
200004-280030
xv. ATTORNEY FEES
If this Agreement is referred to or placed in the hands of the City 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 in such enforcement and/or lawsuit, the Owner agrees to
pay the City reasonable attorney's fees and costs and other allied expenses incurred by the City
regarding said enforcement or lawsuit.
SIGNA TORY
DATED this
day of
,20_.
CITY OF AUBURN
Dennis R. Dowdy, City Engineer
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Dennis R. Dowdy, to me known as the
City Engineer representing the City of Auburn's Department of Public Wodes, who
acknowledged that he signed this instrument and acknowledged it to be his free and vohmtary act
for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Agreement for Developer Public Facility Extension
October, 1999
~ffl~
200004280030
SIGNA TORY - LLC
DATED this
day of
,20_.
STATE OF
)
)ss.
)
COUNTY OF
I certify I have know or have satisfactory evidence that
is/are the
person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/were authorized to execute the instrument and
acknowledge as the of the
, a limited liability company, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Ibd
REF. H:\FORMS\FC055 (R 1/00)
Agreement for Developer Public Facility Extension
October. 1999
~~ JJ pf 14
EXn1.b~t H
200004280030
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): N/A (unless previous recording #)
Grantor/Borrower: I) Lee:al name of Owner
Additional on page: _
2)
Additional on page: _
Grantee! AssigneeIBeneficiary: City of Auburn
Legal DescriptionlSTR: (Section, Township Range)
Assessor's Tax Parcel 10#: (parcel #)
Additional on page: _____
This Agreement made and entered into this
day of
19_, by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and
, whose
address is
, hereinafter referred to as DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution
No.
adopted by the City Council of the CITY on the
day of
, 19_, approved the execution of this Payback Agreement with the
DEVELOPER above and referring to facilities described herein; and
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 1 OF
EXfi:iln.~ r
Page 2
200004280030
WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to
accept two bills of sale found as Exhibits A.I, water facilities, and A-2, sanitary sewer
facilities, both attached hereto, as part of the utility systems 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 Plat
of ( ), County, Washington.
Map showing said property is attached hereto as Exhibit C.
II. F AClLITIES
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 FAC , 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.
ill. AREA OF FACll.ITY SERVICE BENEFIT
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
PAGE20F
EXhibLt I.
Page 2
20000428003Q
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
ill, 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 IS-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
Sanitary sewer collection 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 ill 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 $ in
full amount.
Water oversized facilities: The DEVELOPER shall receive a credit of up
to a maximum of $ against water system development charges,
at the applicable rate at the time of connection application within the
DEVELOPER'S real property as described within Exhibit B.
Sanitary sewer oversized facilities: The DEVELOPER shall receive a
credit of up to maximum of $ against sanitary sewer system
development charges, at the applicable rate at the time of connection
application within the Developer's real property as described within
Exhibit B.
Prior to recordation by the DEVELOPER as described in Section X, the
CITY, shall mail to the property owners, as reflected in the records of the
King County Assessors Office, as specified in Section ill, 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 Director of Public Works within 21 days
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 3 OF
Exhibit I
Page. 3
200004280030
from the date of said notice for the purpose of requesting an adjustment in
the allocation of the charge to the property.
If the Director of Public Works, 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.
VIT. 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 FAC .
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 right-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
Exhibi.t I
Page 4.
200004280030
IX. CURRENT ADDRESS & TELEPHONE NUMBER
The DEVELOPER shall keep a current record of his/her address and
telephone number on file with the Director of Public Works of the CITY,
and shall within 30 days of any change of said address and/or telephone
number, notify the Director of Public Works 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.
XI. 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
YAGaS.OF
ExhJ.b~t I
Page 5
200004280030
XI. CONSTlTUTIONALITY OR INV ALIDITY
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 anyone or more section,
subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
CITY OF AUBURN
MA YOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEVELOPER:
BY:
BY:
TITLE:
TITLE:
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 6 OF
Exhibi.t I
fage-6
200004280030
STATE OF WASHINGTON)
)ss.
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.
Dated
Notary Public in and for the State of Washington
My appointment expires
NOTE: Choose the correct notary
NOTARYI
NOTARVP
NOTARYC
NOTARYL
REF. H:\FORMS\FC035 (R 9/98)
PAYBACK AGREEMENT
DEVELOPER'S EXTENSION
PAGE 7 OF
Exhibit I
Page 7
200004280030
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EXHIBIT L
City's Development Review and Inspection Process
Plan Review and Approval:
1. Developer will submit the following plan packages to the city building
Official to begin plan review and approval:
. 2 sets of building plans.
. 4 sets of landscape plans.
. 4 sets of structural engineering plans for any rock walls that will
exceed Four (4) feet in height.
. 7 sets of sewer water plans and street illumination plans. (Note:
In Auburn, where private streets are provided, street illumination
is optional.)
. 7 sets of street and storm plans. .
. Copy of Final County SEPA and Plat Conditions.
. Plan Submittal Packet consisting of the following items.
1. Project Documentation Checklist
2. Legal Owner Information Sheet
3. Public Facility Extension Application and initial deposit
4. Fore Flow Information Sheet
5. Plan Review Checklist
2. Upon a complete submittal of items listed above, the City will route plans
to various review sections and to the Fire Department for comments.
3. The city will prepare the applicable FAC Agreements and forward to the
developer for execution prior to the completion of the detailed review.
(Developer deposit of the estimated funds needed to complete plan
review and construction inspection must be made prior to resumption of
formal plan review.)
4. The city will consolidate plan review comments into a formal first detailed
plan review response and return the same to the engineer/developer for
revisions. (Included will be easement document requirements.)
5. Plan corrections are received back from Developer's engineer and
reviewed for completeness of addressing previous review comments.
(Any known inconsistency with County standards should be identified by
the developer's engineer with this submittal and will include proposed
alternatives for consideration by the City to remedy this inconsistency.)
6. Once plans are approvable by the City, the Development Engineer will
request original mylars for sewer and water approval. For Street plans
TERRACE VIEW
EXHIBIT "L"
PAGE 1
20000428.0030
6. Once plans are approvable by the City, the Development Engineer will
request original mylars for sewer and water approval. For Street plans
the City will prepare a letter to Pierce County acknowledging conformity
with City standards.
Pre-Construction Coordination: In order to assure an orderly schedule for
inspection of the public infrastructure to be dedicated to the city after
construction by the Developer's contractor, the Developer is responsible for
scheduling the pre-construction conference by calling the City's contracts
Administrator (253) 931-3012) at least seven days prior to the desired date to
schedule a time and location. The pre-construction conference shall be
conducted prior to any work on-site.
TERRACE VIEW
EXHIBIT "L"
PAGE 2
200004280030