HomeMy WebLinkAbout20241119000926 - Repayment AgreementInstrument Number: 20241119000926 Document:AG Rec: $312.50 Page-1 of 10
Record Date:11/19/2024 4:43 PM
Electronically Recorded King County, WA
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Indemnification, Hold Harmless, and Right of Entry Agreement
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page _ of document
Grantor(s) (Last name first, then first name and initials)
Olga Shtogrin, Petro Shtogrin, Olena Bilous, and Vitalii Bilous
Grantee: (Last name first)
City of Auburn
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lot 6, Lakeland Hills Division 5, according to the Plat thereof recorded in Volume 164 of
Plats, pages 1 through 4, records of King County, Washington.
❑ Additional legal is on pages XX of the document.
Assessor's Property Tax Parcel/Account Number:
4137060060
❑ Assessor Tax # not yet assigned
Instrument Number: 20241119000926 Document:AG Rec: $312.50 Page-2 of 10
Record Date:11/19/2024 4:43 PM King County, WA
REPAYMENT AGREEMENT FOR FEE IN LIEU OF IMPROVEMENTS
THIS REPAYMENT AGREEMENT FOR FEE IN LIEU OF IMPROVEMENTS
("Agreement") is by and between the City of Auburn (the "City"), a municipal corporation
in the State of Washington and Petro Shtogrin, Olga Shtogrin, Vitalii Bilous, and Olena
Bilous, property owners (the "Applicant" or "Property Owner") (each a "Party" and
together the "Parties").
WHEREAS, the Applicant is responsible for the replacement of City sidewalk panel(s)
damaged by vegetation on their property, as shown in the notice sent to the Applicant
(Exhibit 1); and
WHEREAS, the Applicant seeks to participate in the City's sidewalk repair program.
Under this program, the Applicant will pay the City a fee in lieu of undertaking the
required sidewalk panel replacement improvements ("Improvements"). In return, the
City will include the Applicant's required Improvements in its construction project
schedule. The total assessed fee in lieu for Applicant's required sidewalk
Improvements is $4,588; and
WHEREAS, the Applicant has expressed to the City the need to make monthly
payments of $382.33 each month toward the assessed fee; and
WHEREAS, the City agrees to permit the Applicants to pay the fee in lieu through a 12-
month repayment plan (which is attached as Exhibit 2), and to include the Applicant's
required sidewalk Improvements in the City's construction project schedule once
Applicant has paid the full fee in lieu amount due; and
NOW THEREFORE, in consideration of the mutual promises and other good and
valuable consideration, the sufficiency of which is acknowledged, the Parties agree as
follows:
1. Required Improvements: The replacement of sidewalk panels damaged by
vegetation at Applicant's property.
2. Fee in Lieu. In lieu of undertaking and completing the required sidewalk
Improvements, the Applicants agree to pay the City one hundred percent (100%)
of the City's estimated costs to complete the required Improvements. The
Parties have determined that the cost of Improvements is $4.588, which is the
amount to be paid by the Applicant to the City ("Fee in Lieu").
3. Payment. The Applicant will pay this fee in lieu to the City in monthly payments
of $382.33 according to an agreed payment schedule (attached as Exhibit 2).
Applicant shall make the first payment on or before December 31, 2024, and the
last payment on or before November 30, 2025. Payments are due on the last
day of the month.
Page 1 of 4
Instrument Number: 20241119000926 Document:AG Rec: $312.50 Page-3 of 10
Record Date:11/19/2024 4:43 PM King County, WA
Forms of acceptable payment include personal check, money order, cash, or
credit card. Payments are accepted:
L In person at the Customer Service Center, 1 East Main Street, 2nd
floor, Auburn, WA
ii. Via mail addressed to City of Auburn, Finance Department, etc. —
include the invoice with your payment.
4. No PrepaymgnLeenalty. Applicant shall face no penalty for paying all or any part
of the fee in lieu earlier than the schedule in Exhibit 2.
5. Applicant Late Payments or breach of Agreement. Applicant payments under
this Agreement are due on or before the payment date reflected in Exhibit 2 to
this Agreement. If Applicant fails to pay any installment of the Fee In Lieu when
due, or breaches any other portion of this Agreement, the City at its option and
without notice may declare that the entire unpaid Fee In Lieu amount is due
immediately. Applicant further acknowledges that the City may enforce a default
or breach of this Agreement through lawful means, which may include
cancellation of this Agreement. If the City elects to cancel this Agreement due to
Applicant's default or breach, Applicant will be required to undertake and
complete the Improvements described in this Agreement as required by State
Law and City Code.
6. Lien for Failure _jg_Pay. The applicant acknowledges that the City reserves the
right to enforce a default or breach of this Agreement through a lien on the
property as provided by RCW 35A.60.01 0 or other applicable law.
7. Sale or transfer of Property: If Applicant transfers ownership of the Property at
any time during the term of this Agreement, or prior to paying the full amount of
the fee in lieu, the unpaid remaining balance will be due in full to the City prior to
the change of ownership.
8. Use of the Fee In Lieu. The City will use the fee in lieu collected under this
Agreement to fund planned public improvements along the Property's frontage,
and to complete the required Improvements.
9. Right of Entrv. Applicants agree to allow the City (including its contractors,
employees, and others as authorized by the City) to enter the Property for the
purposes of designing and constructing the Improvements, and/or to perform
any actions reasonably related to the design and construction of the
Improvements. This City right of entry into and upon the Property shall include,
but not be limited to, the City's right to perform the following actions at or upon
the Property during its design and/or construction of the Improvements:
reconnaissance, surveying, grading, restoration, and installing the sidewalk. This
City right of entry shall automatically terminate when construction of the
Improvements is complete. For purposes of this paragraph, construction of the
Improvements shall be deemed "complete" when the work is physically complete
and the warranty period, if any, has expired.
Page 2 of 4
Instrument Number: 20241119000926 Document:AG Rec: $312.50 Page-4 of 10
Record Date:11/19/2024 4:43 PM King County, WA
lM
�M'Aggfigjv INA Am
DATED this . day of 2024
Jacob 'weet! City `r glneer
STATE OF WASHINGTON)
)ss
COUNTY OF KING
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Instrument Number: 20241119000926 Document:AG Rec: $312.50 Page-5 of 10
Record Date:11/19/2024 4:43 PM King County, WA
I certify that I know or have satisfactory evidence that Jacob Sweeting is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrurnent and
d and official seal this day of 2024
4'.
o �ln Petro S Olga ShtogOln
Vlii-arfiBilous 5lent ku s
STATE OF WASHINGTON)
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COUNTY OF
GIVEN under my hand and official seal this day of 2024
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Nt T I l IJBLIC IN AND FOR THE STATE
OF WASHINGTON,
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MY APPOINTMENT EXPIRES
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Instrument Number: 20241119000926 Document:AG Rec: $312.50 Page-6 of 10
Record Date:11/19/2024 4:43 PM King County, WA
EXHIBIT 1
Instrument Number: 20241119000926 Roc: S312.50Pugo7of10
Record Du1od1/19/2#244:43 PM V]ng County, WA
Nancy Backus, Mayor
"Au""BURN ��S�I N G[O N 25V�e��n���*�b n$���1��*�����wv���m**751093l^��
July 11.2024
5335 Highland Dr SE
Auburn, WA 98092
RE: Sidewalk Damage at 5335Highland DrSE, Parcel #4137Q6Q86D
Rmfermnce#: R43991
INITIAL NOTICE
Vita|iiand {}|8OaBi|0uGand Petro and Olga 8hLogrin'
A tree on your property at 5335 Highland Dr SE grew to a point where it damaged the adjacent
sidewalk. City staff provided temporary repairs to the sidewalk, but the damaged sidewalk must
still bereplaced. See the enclosed pictures for details. Per Auburn City Code (ACC)12.12.234
"Damage caused to the sidewalk by vegetation located on private property, |amh of regular
maintenance by the abutting property ovvner, or damage that is in any vvey caused by the
abutting property owner oh@|| be the responsibility of the private property owner to repair..."
Because the tree that caused the damage is located on your property, you are responsible for
the damage caused bythis tree 10the public riQht-of-vvay.
The City requires that you:
w Remove the tree root(a) lifting the sidewalk; and
• Replace the damaged sidewalk.
Sidewalk Replacement
To replace the damaged sidewalk, you have two /2\options,
1. Hire a licensed contractor who will need to obtain a construction permit from the City; or
2. Prepare and submit an application and pay ofue to have the sidewalk repaired by the
City as part of its Sidewalk Repair Program.
CihV's Sidewalk Program information:
The 2024 fee for this program is $34 per square foot (SF) of sidewalk to be replaced with e
$100 administrative fee, which vvoU/d come to 8 k]t@| of$4.588 for the sidewalk area 132 SF
you are required to replace as a result of the damage from your tree. See the enclosed pictures
for the dimensions Dfthe sidewalk p8n8/(S)that must bereplaced.
Toapply for inclusion into this program, please complete and submit the enclosed application,
including payment (if paying by check) and the "Indemnification, Hold Harmless, and Right of
Entry" form completed and signed. If you prefer to pay by card. please let us know and we will
contact you after your application was received to process your payment over the phone.
Tree Root Removal
Should you decide to retain the tree and only have the root(s) removed (by the City O[your
contraotor\'you are encouraged tOwork with an8rboriottVevaluate and monitor the health of
the tree to ensure it will not create additional risks, for which you are responsible.
Instrument Number: 20241119000926 Document:AG Rec: S312.50 Page-8 of 10
Record Date:11/19/2024 4:43 PM King County, WA
Vitalii and Olena Bilous, and Petro and Olga Shtogrin
July 11, 2024
Page 2 of 4
Should you decide to remove the tree, replacement is not required.
Should you decide to replace the tree within ten (10) feet of the right-of-way, please refer to
the enclosed Standard Detail T-06.6 for required root control barrier specifications.
Tree replacement is your decision and responsibility regardless of whether you participate
in the City Sidewalk Repair Program or hire a licensed contractor to repair the sidewalk.
Timeline
If you choose to hire a contractor, work must be completed within 180 days of this letter, by
January 7, 2025.
If you choose to participate in the City's Sidewalk Program, within 90 days of this letter, by
October 9, 2024, please return the application and the "Indemnification, Hold Harmless, and
Right of Entry" form completed and signed, and complete your payment.
Non-compliance will result in code enforcement action.
Thank you for your attention to this concern. If you have any questions or need to discuss the
timeline for the work or the two options listed above, please contact me at 253-398-7351 or
vbean@auburnwa.gov.
Sincerely,
Veronica Bean
Transportation Planner
Public Works Department
VB/ar
Enclosures: Pictures of tree and sidewalk damage
Sidewalk Program Application
Indemnification, Hold Harmless, and Right of Entry Form
ACC12.12.234 Sidewalk Repair and Replacement
Responsibility Street Tree Standard Detail T-06.6
cc: Seth Loop, Construction Manager
Instrument Number: 20241119000926 Document:AG Rec: $312.50 Page-9 of 10
Record Date:11/19/2024 4:43 PM King County, WA
EXHIBIT 2
Instrument Number: 20241119000926 Document:AG Rec: $312.50 Page-10 of 10
Record Date:11/19/2024 4:43 PM King County, WA
t�'t:"'URN
"A"'D
WASHINGTON
Petrolrin, and Vitaiii and Olenait
City ofAuburn: Fee in Lies of Improvements t Schedule
Fee VaWes and berms
Fee amount
$4,588.00
Fee period in months
:1.2
Number of payments per month
:1.
Payment Start Date
12/31,/2024
Payments
Scheduled payment .$.35:2.33
Scheduled number of payments 12
payment
Pavment
Beglinnhig
Scheduled
Extra
N'otaI
Endwng
Numbeir
Date
Balance
Payment
Payment
Payment
Balance
m 1
12/31/2024
$4,588.00
$382.33
$0.00
$382.33
$4,205.67._..._._.._.____..___.__.._...�._._.....� .__..�__....___......
. 2
1/31/2025
$4,205.67
$382.33
.. $0.00
$382.33
$3,523.34 .
3
2/28/2025
$3,823.34
$382.33
$0.00
$382.33
$3,441.01 ...,.
. 4
3/31/2025
$3,441.01
$382.33
$0.00
$382.33
$3,058.68
5
4/30/2025
$3,058.68
$382.33
$0.00
$352.33
$21676.35
6
5/31/2025
$2,676.35
$382.33
$0.00
$382.33
$2,294.02 .
..., 7 ..._
6/30/2025
$2,294.02
$382.33
$0.00
$352.33
$1,911.69 .
..., S
7/31/2025
$1,911.69
$382.33
$0.00 .
$382.33
$1,529.36 .
...... 9
8/31/2025
$1,529.36
$382.33
$0.00
$382.33
$1,147.03 .
10
9/30/2025
$1,147.03
$382.33
$0.00 ......
$382.33
$764.70
11
10/31/2025
$764.70
$382.33
$0.00
$382.33
$382.37
12
11/30/2025
$382.37
.. „$382.37
.,.. $0.00
$382.37
$6.60