HomeMy WebLinkAbout4640RESOLUTION NO. 4 6 4 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
SETTLEMENT AGREEMENT WITH THE KENT 160,
LLC, FOR THE VERDANA PROJECT
WHEREAS, the Kent 160, LLC sought to develop property located within
the City of Kent and requested sewer utility services from the City of Auburn for
its Verdana Project; and
WHEREAS, the City of Auburn agreed to provide sewer services to the
Verdana Project whereby over-sizing of utility lines and a force main would
alleviate duplicitous facilities located in City row; and
WHEREAS, a disagreement surfaced with respect to how much of the
over-sizing costs would be borne by the developer and the City, leading to a
lawsuit between the parties; and
WHEREAS, during the pendency of that lawsuit, the parties were able to
reach an agreement whereby the over-sizing costs were addressed to the
satisfaction of both City and developer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized execute a Settlement Agreement
between the City of Auburn and Kent 160, LLC, regarding sewer utility services
for the Verdana Project which agreement shall be in substantial conformity with
the Settlement Agreement attached hereto, marked as Exhibit "A", and
incorporated herein by this reference.
Resolution No. 4640
September 1, 2010
Page 1 of 2
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
~
Dated and signed this ~ day of 2010.
CI BU
PET B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP~tSVED TO FOR FLA
:
iel B. e, City Attorney
Resolution No. 4640
September 1, 2010
Page 2 of 2
SETTLEMENT AGREEMENT
~
This SETTLEMENT AGREEMENT is entered into this ~ day of 2010,
by and between The City of Auburn, a Washington Municipal Corporation organized under the
Optional Municipal Code, RCW Chap. 35A ("City"), Peter B. Lewis, Dennis Dowdy, Dennis
Selle, Dan Repp, and Daniel B. Heid (collectively the "Individual Defendants"), on the one
hand, and Kent 160, LLC, a Washington limited liability company (hereinafter "Kent 160"), on
the other hand.
RECITALS
WHEREAS, in 2000, Kent 160 acquired certain property in Kent, Washington for the
purposes of development. In 2003 and 2004, Kent 160 began the process of securing
entitlements to develop a planned unit development (PUD) for over 300 single-family lots,
including land set aside for public and private roads, utility tracts, trails, parks, open space,
wetlands, and possible future development (hereinafter the "Verdana Project"). The Verdana
Project also includes certain property that has been approved by the City of Kent for commercial
development. The commercial property within the Verdana Project is owned by Kent 25, LLC,
an affiliate of Kent 160.
WHEREAS, although the Verdana Project property was (and remains) part of the City of
Kent, it is entirely surrounded by the City of Auburn. In 2000, the properly was surrounded by
unincorporated King County. The City of Kent was not actively providing sanitary sewer
service to the property in 2000. The subject property is now entirely surrounded by the City of
Auburn, which annexed the surrounding unincorporated areas in 2008 pursuant to an election
that occurred in 2007.
WHEREAS, in 2003 Kent 160 began the process the negotiating the necessary
agreements with the City of Auburn to extend sanitary sewer service to the Verdana Project.
WHEREAS, in June 2005, Plaintiff and the City entered into a utility extension
agreement to provide for sewer service to the Verdana Project (hereinafter the "UEA"). A
memorandum of this agreement was recorded in the records of King County on June 9, 2005,
under Auditor's File Number 20050609001119.
WHEREAS, the City and Kent 160 discussed developing a regional sewer lift station and
related force main ("Regional Sewer Facility") to serve both the Verdana Project, certain
undeveloped areas near the Verdana Project, and two existing developed areas in the City, the
White Mountain Trails Sewer Basin and the Rainier Shadows Sewer Service Area. In
furtherance of those discussions, design work on a Regional Sewer Facility was completed.
WHEREAS, a dispute arose between the City and Kent 160 regarding whether and to
what extent the City was obligated to share in the cost of the Regional Sewer Facility and/or
whether Kent 160 could build a smaller lift station and force main designed to serve only the
Verdana Project and certain undeveloped areas nearby, but not the White Mountain Trails and
the Rainier Shadows sewer basins.
WHEREAS, the City refused to allow Kent 160 to construct a smaller lift station and
force main designed to serve only the Verdana Property and certain undeveloped areas nearby,
claiming that Kent 160 was obligated to construct the Regional Sewer Facility pursuant to the
UEA and other agreements. Kent 160 constructed the Regional Sewer Facility under protest
and filed a claim against the City on or about August 5, 2008 for the additional costs incurred to
construct a Regional Sewer Facility as compared to a smaller lift station and force main designed
to serve only the Verdana Property and certain undeveloped areas nearby. Said costs shall
hereinafter be referred to as the "Additional Project Costs".
WHEREAS, the City declined to pay the Additional Project Costs and Kent 160 filed suit
in King County Superior Court on October 23, 2009 against the City and the Individual
Defendants to recover the Additional Project Costs under King County Cause No. 09-2-38792-3.
An amended complaint was filed on November 13, 2009. The City removed the King County
lawsuit to the United States District Court for the Western District of Washington at Tacoma on
November 23, 2009 under Cause No. C09-1670 RSL. The removed lawsuit shall hereinafter be
referred to as the "Litigation."
WHEREAS, the City and Kent 160 have engaged in direct settlement discussions, which
discussions have resulted in the execution of an agreement dated August 4, 2010 outlining the
substantive terms of a settlement of the Litigation, and which document contemplates the
preparation of a more formal settlement agreement and approval of same by the Auburn City
Council.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Mutual Releases.
1.1 For and in consideration of a payment in the amount of ONE MILLION
ONE HUNDRED EIGHTY SEVEN THOUSAND FIVE HUNDRED and 00/100 DOLLARS
($1,187,500.00) by the City to Kent 160, and the other covenants and promises contained herein,
Kent 160, on behalf of itself and its owners, managers, investors, agents and employees, hereby
releases and forever discharges the City, its officials, attorneys, employees, including the
Individual Defendants, and each of them, from every claim, demand, and cause of action
whatsoever, of every kind and nature, whether presently known or unknown, suspected or
unsuspected, arising or alleged to have arisen or which shall arise hereafter as a result of or in
connection with the acts, events and allegations recited above and as asserted in Kent 160's
Claim of Damages and the Litigation that the City was obligated to pay the Additional Project
Costs, or any portion thereof, including all claims asserted or that could have been asserted in the
Litigation, whether based in tort, contract, civil rights and/or any other theory of recovery, and
excepting only the obligations created by this Settlement Agreement itself.
as follows:
1.2 As further consideration for this Agreement, the City and Kent 160 agree
1.2.1 Kent 160 and Kent 25, LLC shall receive a credit for the full
amount of all sanitary sewer System Development Charges ("SDC") for the entire
Verdana Project, both residential and commercial, properties, and all phases
thereof (estimated to be $386,000). The SDC credits will be applied at the time of
2
each sanitary sewer connection. As a result of this credit, Kent 160, Kent 25,
LLC and any successors thereto shall not be required to pay any SDC, fee in lieu
of assessment, or similar connection charges for sanitary sewer service at the time
of sanitary sewer connection for property within the Verdana Project, as approved
by City of Kent as of the date of this Agreement.
1.2.2 By execution of this Agreement, the City hereby approves Kent
160's phasing plan as depicted on Exhibit A attached hereto and incorporated
herein by this reference, which plan is intended to allow for development of the
remainder of the Verdana Project to occur as the economy recovers. The phasing
plan shall apply to all infrastructure for each future phase except infrastructure
that has already been constructed, and the phasing plan shall expressly allow Kent
160 to defer until October 15, 2014 the construction of the 124th Avenue SE
frontage improvements between the commercial development tract at the south
end of the Verdana Project and the existing constructed frontage improvements at
the intersection of SE 293`d Way and 124th Avenue SE.
1.2.3 Upon submission of the bills of sale and maintenance bonds called
for in Subparagraphs 1.2.7, 1.2.8 and 1.2.9 below, the City shall accept for
operation and maintenance the Regional Sewer Facility and the gravity sewer
conveyance system constructed by Kent 160 to serve Phase 1(the "Phase 1
Gravity Sewer System"). As soon as reasonably practical, Kent 160 shall
satisfactorily complete all testing, punch-list items, remaining completion work
(including maintenance access for all manholes in the Phase 1 Gravity Sewer
System), and shall submit any such additional documents required by the City, all
as identified in Exhibit B hereto; provided, however, if the City identifies any
defect which will impede the flow of effluent, either in the gravity line or lift
station, no effluent may be discharged into that portion of the System until the
defect has been corrected. The foregoing obligations of Kent 160 shall be secured
by the existing performance bonds and the maintenance bonds to be delivered
prior to acceptance. Subject to the Exhibit B items, the City acknowledges that
the Regional Sewer Facility has been constructed in conformance with FAC06-
0033 and approved plans for construction and is otherwise ready for acceptance
by the City, and that the Phase 1 Gravity sewer System has been constructed in
conformance with FAC06-0018 and the approved plans for construction and is
otherwise ready for acceptance by the City. Upon completion of the tasks
identified in Exhibit B, the City shall promptly release the performance bonds for
the Regional Sewer Facility and the Phase 1 Gravity Sewer System. The City
agrees that the final lift of paving for Phase 1 may be deferred as a part of Phase 1
provided that man-holes are adjusted to the interim paving grade to protect the
man-holes from vehicular traffic. Upon approval of this Agreement by the
Auburn City Council and execution of same by all parties, the City agrees to issue
sewer service availability letters or other similar documents acceptable to the City
of Kent in order for Kent to issue building permits for Phase 1 and to allow actual
sanitary sewer connections for single family residences in the Verdana Project to
be installed. The parties agree to cooperate in good faith to expedite the actions
described in this Subparagraph and in Subparagraphs 1.2.7, 1.2.8 and 1.2.9.
3
Consistent with Subparagraphs 1.2.2 and 1.2.3, the City agrees to issue sewer
service availability letters or other similar documents acceptable to the City of
Kent in order for Kent to issue building permits for all future phases of the
Verdana Project as those phases are completed and accepted by the City.
1.2.4 Before permitting any sanitary sewer service connections other
than from the Kent 160 development the City shall develop and present to the
City Council for approval a 20 year latecomers a~reement pursuant to RCW
Chap. 35.91 for gravity sewer main installed in 124t Ave SE between SE 293rd
and SE 288th Place. The amount shall be determined by the City based on Kent
160's actual costs of constructing said sewer main and shall allocate an equitable
share of said costs to and be recorded against the properties located in the area
generally depicted on Exhibit C, which shall not include any of the real property
within the Verdana Project. Within 60 days of City's acceptance of these sewer
system improvements and before presentation of a latecomers agreement to the
City Council, Kent 160 shall provide a detailed cost break down of actual cost to
design and construct this portion of the gravity sanitary sewer improvements,
including copies of all billings related to the cost of the design and construction of
the facilities up to the date of dedication to the City. This latecomers agreement
shall be the only such agreement requested by Kent 160 for the sewer facility
improvements related to the Verdana Project.
1.2.5 Kent 160 shall not intervene in or interfere with the City's legal
right to collect SDC's and a separate Charge or Fee in Lieu of Assessment for an
equitable portion of the Additional Project Costs from all future sanitary sewer
customers outside of the Verdana Project.
1.2.6 Within 60 days of acceptance of the sewer system improvements
by the City, Kent 160 shall provide a detailed cost break down of actual cost to
design and construct the Regional Sewer Facilities, including copies of all billings
related to the cost of the design and construction of the Regional Sewer Facilities
up to the date of dedication to the City. The City shall use these documents as the
basis for determining an equitable charge to be collected from all future sanitary
sewer customers outside of the Verdana Project but within the basin served by the
Regional Sewer Facility.
1.2.7 Prior to acceptance of the sewer system improvements by the City,
Kent 160 shall convey by bill of sale to the City the Regional Sewer Facility,
including the sewer lift station and force main. The form of bill of sale is attached
hereto as Exhibit D. Kent 160 shall also provide appropriate maintenance bonds.
The City acknowledges that the associated public utility and access
easements/tracts are already reflected on the face of the Verdana PUD.
1.2.8 Prior to acceptance of the sewer system improvements by the
City, Kent 160 shall convey by bill of sale to the City a completed gravity sewer
conveyance line that runs through the Verdana Project between SE 304t" St and
the lift station, as depicted on Exhibit E. The form of bill sale is attached hereto
4
as Exhibit D. Kent 160 shall also provide appropriate maintenance bonds. The
City acknowledges that the associated public utility and access easements/tracts
for said gravity sewer conveyance line are already reflected on the face of the
Verdana PUD.
1.2.9 Prior to acceptance of the sewer system improvements by the
City, Kent 160 shall convey by bill of sale to the City a completed gravity sewer
conveyance line that runs through the Verdana Project between 118th Ave SE (just
north of SE 296th Pl.) to the lift station, as depicted on Exhibit F. The form of
bill of sale is attached hereto as Exhibit D. Kent 160 shall also provide
appropriate maintenance bonds. The City acknowledges that the associated public
utility and access easements/tracts for said gravity sewer conveyance line are
already reflected on the face of the Verdana PUD.
1.3 For and in consideration of the execution of this Agreement and the
covenants and promises contained herein, the City hereby releases and forever discharges Kent
160, its managers, members, officers, affiliates, directors, attorneys, employees, and each of
them, from every claim, demand, and cause of action whatsoever, of every kind and nature,
whether presently known or unknown, suspected or unsuspected, arising or alleged to have
arisen or which shall arise hereafter as a result of or in connection with any requirements under
the UEA, FAC06-0033, and for FAC06-0018 for construction of the Regional Sewer Facility,
gravity sewer lines and/or related mitigation requirements, except as expressly reserved or
otherwise provided for in this Agreement.
1.4 Payment of the $1,187,500 shall be made to Kent 160 in good funds by
wire transfer, draft or check payable to Kent 160, LLC and delivered to Kent 160, LLC within 10
days of the approval of this Agreement by the Auburn City Council.
1.5 Upon execution of this Agreement and Kent 160's's receipt of the
$1,187,500 payment called for above, the parties shall promptly dismiss the Litigation with
prejudice and without costs. During any intervening period, the parties agree to stay the
Litigation and stipulate to an extension of the trial date and all intervening deadlines pending
completion of the foregoing listed actions.
2. Warranties.
2.1 Each of the individuals signing this Agreement on behalf of a party
warrants that he has the authority to sign the agreement and thereby to bind the party on whose
behalf he or she signs. The City warrants that execution of this Agreement has been duly
authorized by the Auburn City Council.
2.2 Each party to this Agreement warrants that except as provided herein it
has not assigned or transferred any claim or part or portion of a claim released herein. Each
party further warrants that if such assignment or transfer has occurred, it will defend, indemnify
and hold harmless the other party from and against any claim based or arising out of any such
assignment or transfer purported or claimed. This defense and indemnity obligation includes the
5
obligation to pay reasonable attorneys' fees, expenses and costs actually incurred, including
attorneys' fees, expenses and costs on appeal, whether or not litigation is commenced.
2.3 Each party represents and warrants that it has had the opportunity to
review this Agreement with counsel of its own choosing and each person signing said documents
is doing so of his or her own free will.
2.4 The City represents and warrants that it has no knowledge of any
uncompleted work on the Regional Sewer Facility, or any design or construction defects, latent
or otherwise, and no knowledge of any conditions, that with reasonable investigation would
justify the City not accepting timely conveyance and/or dedication of the Regional Sewer
Facility for operation and maintenance.
3. Parties Bound. This Agreement shall be binding on the heirs, successors, and
assigns of the parties.
4. Purpose of Agreement. This Agreement is designed strictly for the purpose of
comprising a disputed claim and avoiding the expense and risks of litigation. It is not, and shall
not be construed or characterized as, an admission of liability or wrong-doing on the part of any
party. Nor shall the Agreement be construed or characterized as a victory for one party or the
other.
5. Cooperation. Each of the parties hereto agrees to execute from time to time all
documents that may be necessary to carry out the terms of this Agreement or to effect its
purposes. The obligation imposed by this paragraph shall be specifically enforceable.
6. Integration. This written Agreement, and the attachments hereto, contain the
entire understanding between the parties in connection with the subject matter, to wit, the
resolution of cost sharing for oversized pump station and force main facilities and settlement of
the litigation between the parties, and said documents supersede and replace all prior
negotiations, agreements, or representations, whether oral or written relating thereto. This
Agreement does not replace or supersede any other agreements between the parties not in
conflict or involved with said litigation. Each party acknowledges that no other party, or any
agent or attorney of any party, has made any promise, representation, or warranty whatsoever,
express or implied, not contained herein concerning the subject matter hereof, to induce it to
execute this document, and each party acknowledges that it has not executed this document in
reliance on any such promise, representation, or warranty not contained herein. The provisions of
the prior agreements between the parties that remain in effect are detailed on the attached
Exhibit G incorporated herein by this reference.
7. Choice of Law. The interpretation and enforcement of this Agreement shall be
governed by the laws of the State of Washington.
8. Construction of Agreement. This Agreement has been jointly drafted by the
parties following negotiations between them. It shall be construed according to the fair intent of
the language as a whole, and not for or against either party.
6
9. Time of the Essence. Time is of the essence of this Agreement and the
obligations contained herein shall be specifically enforceable by the parties hereto and their
successors and assigns.
10. Arbitration. Any controversy or claim arising out of or relating to this
Settlement Agreement or the breach thereof shall first be submitted to the attorneys for the
parties for resolution. In the event they are unable to agree within ten (10) days, the controversy
or claim shall be settled by arbitration before Ret. Judge Steve Scott of Judicial Dispute
Resolution, Inc. ("JDR") in Seattle, King County, Washington, and judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11. Attorneys' Fees. All costs and attorneys' fees incurred by the Parties to date
shall be borne by the Party incurring them. In the event it is necessary for any party hereto, or its
authorized representative, successor or assign, to institute suit or begin arbitration proceedings in
connection with this Agreement or the breach thereof, the substantially prevailing party in such
suit or proceeding shall be entitled to reimbursement for its reasonable costs, out of pocket
expenses, and attorneys' fees incurred, including costs, out of pocket expenses and attorneys'
fees incurred on appeal.
12. Limitation on Third Party Beneficiaries. No provision, warranty,
representation, or agreement herein, whether express or implied, is intended or to be construed to
confer upon any person any rights or remedies whatsoever, except as expressly provided in this
Agreement.
13. Execution in Counterparts. This Agreement may be executed in counterparts,
each of which shall constitute an original and all of which together shall be deemed a single
document.
KENT 160, LLC.
By BRNW INC., its Managing Member
B
Y V
Brian Ross
Its Managing Member
C TY N
By
Peter B. Lewis
Its Mayor
swfl-e
Dennis e, Individually
an , Individua
4e3nnoisDowdy, In ividually
EXHIBIT A
PURIION UF W. 1:2 OF SECTION 4, TOWNSHIP 21 N., RANGE 5 E., W.M. .
RL4.D
BRIDGES ~
(F.K.A. VERDANA) YMa►zowMY
PHASING PLAN -
- S/TE ~
~ ~ . GTr . ~ ~ . ~ .
OF
i: 2
KEN _
_ 2
I ~
3
i I SCALE 1'=200'
- •n~r i . . - -
0ert
O
~ VlC1NITY MAP ~ Q ~
•ccE55 10 SEwEF_
l
I J
~O
SITE INFORMATION Q ~ ~ o
eQ"
~I ' i ~ ~ _ ~ ~ ~ w ~ ~ w
CC,1, ~
~ ~ I I I I,~ ft~µVE a4/ r W W Q
i i• ~~i ~ i i 4 Y~~
i ,
. . ~•_c_e- ~ ~ ~ xur ' rF _ »E .
ASE
~~~NA.E+J\~``_ I~ _ ~ - 4
:nwF
~ • ' ra~cr . ~ ~ . -
.1.I,TI1 ~I ^I,1 ~,,,rl. ~,I~ . 4~,~ - ' UT/LlTY PURVEYORS
.
• _
- l Y \ ~ v~i.agE r r 1 s
~1~~,
;
, . ➢/~uD~l . f~ i`VM.iS 1 ' ~ ~ ~I ; ~1~r. j / . . -
,
6E I~~ y= ....n( ~ ieR..
\'cft
. t
Tst~. ~ . . . . Irxter~ , PKasEr i i I asea/l~ ~ 4~~ i . .
NA~ \
I.A
~
Io ASf i - -i -
a.
N _
_ u
I` f
~ u
1111 . W =F . - - - - -
AS-CONSTRUCTED
HORIZONTAL DATUM: NAD 63191 VERT/GAL DATUM: NAVD 88 PHASING KEY
. > . . r-~ .
. . ~ . . . . . . ~ _ L_J . . . ~ SEE S~.fC! 1 FCW SvYtAFV Y~R
. : . .
. L-J . ',:~:.':,1 .
. . i+e i.. e ~ . L-J . _ _ . . . . . ~
Br -
03-094
fA „ 42 I
~
EXHIBIT B
Phase 1- Verdana Phasing Work will include:
• 13,810 Linear Feet of Gravity Sewer (FAC06-0018)
• Sewer Lift Station (FAC06-0033)
• Force Main (FAC06-0033)
• South End Gravity Connector for Off Site Sewer (FAC06-0018)
Items Required:
• Punch list for Gravity Sewer (To be provided after contractor requests inspection)
• Punch list for Force Main portion of FAC06-0033 provided earlier and completed
• Punchlist for Lift Station Site (See Pages 3 and 4 below)
• Acceptable "Redline" Plans by contractor for FAC06-0033 and Phase 1 portion of FAC06-0018
• As-builts Mylars Required for FAC06-0033 and Phase 1 portion of FAC06-0018
• Electronic CAD (As-built) Drawing Files for FAC06-0033 and Phase 1 portion of FAC06-0018
• Maintenance Bonds based on above adjusted footages plus Sewer Lift Station
0 1 year on Gravity System (Portion of FAC06-0018)
0 1-year on Sewer Lift Station and all appurtenances (ie generator, chlorinator) (FAC06-0033)
• Bill of Sale for FAC06-0033 and Phase 1 portion of FAC06-0018
• Sewer Easement Document Executed
• Developer's Contribution Document for FAC06-0033 and Phase 1 portion of FAC06-0018
• Copies of the extended warranties for the pumps and motors per Div 11, and the Gen. Set and Transfer
Switch per Div 16.
Verdana Lift Station FAC06-0033
Punch List:
Exterior:
1. Need gate code for access and an override key(s).
2. Disconnect wet land irrigation system from L.S. water meter.
3. Complete irrigation system per plan and test.
4. Complete landscaping per plan and clean up overgrowth.
5. Verify wires next to load bank and remove as needed.
6. Fuel tank shows corrosion on top, needs touch up paint.
7. Need address signs for building.
Drywell:
1. Verify outlet vertical elevations in wet well approved by L&I.
2. Replace gas detector units in dry well and verify reason for excessive corrosion and resolve.
3. Check all electrical in dry well for moisture and seal as necessary.
4. Check valve pump 3 leaking at packing.
5. Seal all leaks between the wetwell and drywell walls as needed
6. Repair broken lift cylinder in entry hatch.
7. Secure HOA pendant and label per spec.
8. Clean up all panels interior and exterior.
9. Sump pump piping leaking.
10. Label all electrical panels per spec.
Page 1 of 3
Wetwell:
1. Link seal needed for ventilation system. See sheet SOS of the approved plans that indicates that "all"
penetrations need to be water tight.
2. Seal all leaks between the wetwell and drywell walls as needed.
Generator
l. Sleeve both generator fuel hoses to prevent rubbing at contact points.
2. Need key for motor control panel.
3. Load bank does not switch back to normal.
Odor Control Room
1. Air monitor sensors are not working.
Control Room
1. Telemetry alarm tests at the City of Auburn M&O Facilities must be performed and verified.
2. Staff training on alarms not completed.
3. Telemetry batteries need to be replaced.
4. Back up PLC batteries need to be replaced.
Page 2 of 3
Other Misc.
1. As-built records for landscaping per Div. 2 page 2-13
2. Install woven mesh in fence per Div. 2 page 2-14
3. Install city standard core and key in doors per Div. 8 page 8-3.
4. Install door labels per schedule in plans.
5. Apply concrete sealer to the following concrete aprons, wetwell, drywell roof slabs, odor control
equipment pad, bioxide equipment pad per Div. 9 page 9-15.
6. Provide equipment signs per Div. 10 page 10-1.
7. Provide pump nameplate per Div. 11 page 11-4.
8. Field Testing of pumps per Div. 11 page 11-3.
9. Provide spare parts per Div. 11 page 11-6.
10. Test crane in dry well per Div. 14 page 14-4.
11. Perform duct leakage tests per Div. 15 page 15-12.
12. Provide written test results for all backflow devices per Div.15 page 15-27.
13. Provide record plan for all electrical per Div. 16 page 16.8.
14. Provide nameplates and identification per Div. 16 page 16-4.
15. Provide spare parts per Div. 16 page 16-10.
16. Provide conduit identification per Div. 16 page 16-12.
17. Provide field tests for insulation resistance tests Div. 16 page 16-16.
18. Provide Conductor identification per Div. 16 page 16-19.
19. Provide Special Tools and Spare parts per Div. 16 page 16-35.
20. Perform field test per Div. 16 page 16-36.
21. Perform all testing and start-up per Div. 16 page 16-42 & 43.
22. Provide ground testing resistance report per Div. 16 page 16-44.
23. Provide red line plans for entire pump station facility per FAC agreement with City. .
24. Provide verification from L&I electrical inspection complete.
25. Provide verification of City of Kent building permit acceptance.
Page 3 of 3
Exhibit C
3322059140
0421059005
1 1085623810
3E -..:a....~
5630 0
L'1520
3332059037
RNPNIR
9 19 I R I R
3322059154 r 3322059103
w 0421059002
~ 0421059076
F 0431059064
v
N
Potential Sewer Payback Area
0421059003
0421059031
894671
r7l
10
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
EXHIBIT `D'
Above this line reserved for recording information.
BILL OF SALE
FAC
Reference # (if applicable):
N/A
GrantorBorrower:
LegalOwner
Grantee/AssianeeBeneficiary:
City of Auburn
Legal Description/STR:
1/4 Section - Section - Township - Range
Assessor's Tax Parcel ID
Tax Parcel number
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the
sum of TEN DOLLARS ($10.00), and for the consideration of incorporating the Extension
into the City system, and other good and sufficient consideration, receipt whereof is hereby
acknowledged, the undersigned Grantor(s)
do/does by these presents hereby convey, setover, assign, transfer and warrant to the City of
Auburn, a Municipal Corporation of the State of Washington, LF of street,
of streetlights, LF of waterline, LF of sanitary sewer,
LF of storm sewer and all appurtenances or any other associated public facility
as shown on the public facility extension plans referred to as FAC , the
development. Situated
within the following described real property, located in County:
See EXHIBIT `A' ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF.
and the said Grantor(s) hereby warrant(s) that he/she/they/it is/are the sole owner(s) of all
the property above conveyed; that he/she/they/it has/have full power to convey the same
and that he/she/they/it will defend the title of the said Grantee against any and all persons
lawfully making claim thereto, and indemnify the City of Auburn for any costs, including
Attorney fees in defending title.
Bill of Sale
Page 1 of 2
IN WITNESS WHEREOF the Grantor(s) has/have executed these presents this
day of , 2010.
Authorized Signature
Authorized Signature
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
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
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
/tlb
File: #
REF. HADevelopmentTrojectsTroject Name\L,egal Docs\2010
Bill of Sale
Page 2 of 2
Exhibit E
t I I
. I. I l1 \ II.
~
, ~
Exhibit F
SEWER EASfMENT (TYP)
R/M 391.23
37,149 12' !E 373:+6Z (1N) FU7UR£
PROND£ KNOGC-OUT TU
NOR7H FOV7 FU7!/R£ HOOK~
' CHANNEL NORIH COIVNEC
~ 12' !f 3A309 (OUT-SE)
37d 49 ~
WCJ00 PROHIBITED ~
. " . _
t ~~4
AJ//Yb_~OI'7
~c_w~~,r
Gravity Sewer
Conveyance
Line
6~
i i
v~.
f
.
~ h
F-ftuauu, 0.1
?Bt,34D
125~
ZlAF-4F}i:-~4-
400---'-------
f2"-IE'
=NB23ZShcF=
~T~IIL' 11E
RN-------
i6" lE .
,(lN-S) 37.11[.-
'ER' 7RlAD A
A7ES
16; lE
(OUT-f).77,292
2ER dTY QF
-
AUBURN
f
TRACT RR /
9!1NDSCAPE
'
'
"i • i7
A'
i~ ~i~ . /
~
~
~'l, i
~ '
•
/1
~
/
~I
~
i~
/
/ ~ •
8L'1C SA ITAR SE*R
r
„ , , . 1
ACCESS E SEME T
/ • ~y ~ vi ~l.i
r
.
SLEE
30LF 24 - S7E
i
i
I
V5E HDPE-JBLO KIN ~
WOOD PRON/8!
SLEEVFS SHALL EXTEND BEYOND
i; THE WALL F0077NGS ZONE OF
INFLU£NCE. LENG7N OF SLEEVFS
SHALL BE VFR/F/ED BY THE
G E O T E C H N/ C A L E N G/ N E E R P R/ O R T O
ORDERINC
" I " Y C/•'F.YY.V •
;i - J.VV L
SE w t" I-' ayk < .`l
• SANl7ARY WER
~ FORCEMA/N .795.5
A 1 Q" lE
i (BY OIHERS) 99 1JQ1(D ASS
16" fE/37 .37 (IN-
p A
' i /~AriT 7258' O
4' l£ 77 .27 (O!J
; 'UFT STA-712~N f' '
GE07~CHN/CAL ENG/NEER SHALL
INSPECT SDIL CO/VDIAONS DUR/NG
CONS7RUC770N OF SAN/TARY SEWF
P/PE BETWFEN MANHOLES 52 AND
50. BACKFlLL REOU/REMENTS FOR
BACKf7LL SHALL BE PR04?D£O TO
cavrnacroR.
NDiF: COPJ7RAC7O,4 SNALL LGC? i?CNd
„T+D D=P7h' ^vF c1i57lAlG o0` TACOA1,4 ~
dvaTERn4aUV P,?roR ro
SH.4LL n10TIF)' rPlAO .!SSCC!!+T_S
l,'XI"EC1AiEL'1 SHOJLD ;PdtOR:t4.4~"~^: ~=P1C-7~D
OfJ T'riESE PLNNS NG7 RE~LEr~,r ACTUA~
;,cD cohano,~~s. !
I
C0,17Cr'AF' cIIER); ~Rl`r~F4~ _Fr~CN~ER
Pr'JPic. o ) 390 332
CoN?a ruff V.a;9E, ;dt,-fCL~-V
rilcPt J .r^ l L'~~ r-HCNc (25„ 37 795& ~
EXHIBIT G
1. Developer Public Facility Extension Agreement for Verdana Gravity Sewer Main - FAC06-0018.
This document is basically a permit that allows the applicant to extend certain public sanitary sewer utilities per City standards and
dedicate them to the City. The agreement should still be in force except where conflicts occur with the Settlement Agreement the
Settlement Apreement shall govern. The areas of the FAC Agreement that still apply are:
• The Facility Extension 5lammary Page
. The Legal Description
• Section V. PERFORMANCE BOND
• Section VL INSURANCE
. Section VII. INDEMNIFICATION
• Section VIIL CONSTRUCTION
• Section X. MAINTENANCE BOND
• Section XL RECORD CONSTRUCTION DOCUMENTS
• Section XIV. SERVICE CONNECTIONS
. Section XV. DEVELOPER CONTRIBUTION DOCUMENTATION
2. Developer Public Facility Extension Agreement for Sewer Li(t Station & Sewer Force Main - FAC06-0033.
This doc:ument is basically a permit that allows the applicant to extend certain public sanitary sewer utilities per City standards and
dedicate them to the Ciry. The agreement should still be in force except where conflicts occur with the Settlement Agreement the
Settlement Agreement shall govern. The areas of the FAC Agreement that still apply are:
• The Agreement Introduction and Facility Extension Summary Page
• The Legal Description
• Section V. PERFORMANCE BOND
• Section VL INSURANCE
. Section VII. INDEMNIFICATION
• Section VI[L CONSTRUCTION
• Section X. MAINTENANCE BOND
• Section XI. RECORD CQNSTRUCTION DOCUMENTS
• Section XIV. SERVICE CONNECTIONS
• Section XV. DEVELOPER CONTRIBUTION DOCUMENTATION
3. Utility.F,xtensionAgreement(UEA)
This document is basically the terms for [he Ciry providing sanitary sewer service out-side of the Ciry's planned service area The
agreement should still be in force except where conflicts occur with the Settlement Agreement the Settlement Ageement shall govern.
The areas of the UEA Agreement that still apply are:
. The Agreement lntroduclion
. SECTION l: DEFINITIONS
• SECTION 3: PROVISION OF SEWER SERVICES; POTENTIAL ANNEXATION, Subsection 3.5 only
. SECTION 4: LOCAL IMPROVEMENT DISTRICT
. SEC"f10N 5: MITIGATION MEASURES(as provided below)
0 5.1.1 Status: To be Completed by Phase pursuant to Settlement Agreement
0 5.1.2 Status: Completed and Accepted
0 5. 13 Status: Completed and Accepted (Round-a-bout installed)
0 5.1.4 Status: Completed and Accepted
0 5.1.5 Status Completed and Accepted
0 5.1.6 Status: Will be completed witHn 60 days; approximately 300 feet of multi-use trail currently being
completed. Fully bonded.
0 5.1.7 Status: Completed and Accepted
0 5.1.8 Status: Completed and Accepted
0 5.1.9 Status: Completed and Accepted
0 5.2.1 Status: Pond A will be completed n the Spring of2011; Ponds B& C will be completed with Fhase 3;
CC&Rs have been revie),wd and approved by City
0 5.2.2 Status: Completed and Accepted (City of Kent owns the ponds)
0 5.2.3 Status: Completed and Accepted
0 5.3.1 Status: Completed and Accepted
0 532 Status: Completed and Accepted
0 5.33 Status: To be completed by Phue.
. EXH161TS A-1 through A-7