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Home My WebLink About05-19-2003 Item VIII-B-2CITY OF_., '.. WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Resolution No. 3605 May 14, 2003 Department: Attachments: Budget Impact: Public Works Resolution No. 3605 and Agreement $ 0 Administrative Recommendation: City Council adopt Resolution No. 3605 Background Summary: Resolution No. 3605 authorizes the Mayor and City Clerk to execute a Payback Agreement with Gaines Construction. Gaines Construction completed the facility extension (FAC00-0032) for sanitary sewer facilities to serve the Plat of Ashley Avenue II. The sanitary sewer was extended to provide benefit to adjacent properties that currently do not have sanitary sewer service. The City of Auburn has established a Payback Agreement to provide reimbursement to the developer for the benefit received by the adjacent property owners. W0519-1 A3.13.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ❑ Human Resources ❑ Police ❑ Planning Comm. ❑ Other ® Legal ® Public Works Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes []No Call for Public Hearing _/_/_ Referred to Until —/—/— Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: May 19, 2003 Item Number: VIII.B.2 AURUM MORE THAN YOU IMAGINED RESOLUTION NO. 3 6 0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY OF AUBURN AND GAINES CONSTRUCTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerk of the City of Auburn are hereby authorized to execute a Payback Agreement for Developer's Extension between the City and Gaines Construction, in the form substantially as the agreement attached hereto, marked as Exhibit 1" and incorporated herein by this reference. Section 2. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. That this resolution shall be in full force and effect upon passage and signatures hereon. Resolution No. 3605 4/23/03 Page 1 DATED and SIGNED this day of , 2003. CITY OF AUBURN PETE B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B Haid City Attorney Resolution No. 3605 4/23/03 Page 2 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this 1iiie reserved for record€n% idorrimtioji. PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Reference # (if applicable): Grantor City of Auburn Grantee Frank Gaines (Ashley Ave II) Legal Description / STR: SW 17-21-05 Assessor's Tax Parcel lD#: See Exhibit B This Agreement made and entered into this day of 2003, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter called the CITY and Frank Gaines, whose address is 25 Riverview DR NE, Auburn, WA 98002, 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 2003, approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to accept a bill of sale as part of the utility systems of the CITY; PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Page 1 of 8 NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The above-described DEVELOPER was the record OWNER of real property as shown on Exhibit B submitted by the DEVELOPER and attached hereto. The real property described is also known as the Plat of Ashley Avenue II, King County, Washington. The DEVELOPER has provided the City with a Bill of Sale for the sewer facilities extended to serve his property. Map showing said property is attached hereto as Exhibit A. II. FACILITIES The facilities, which have been constructed by the DEVELOPER herein, are as shown in the attached Exhibit A, incorporated herein by this reference, and processed as Developer Public Facility Extension FAC00-0032 incorporated herein by this reference, 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. III. AREA OF FACILITY SERVICE BENEFIT The properties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits A and B, which are by this reference incorporated as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibits A and B, 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. IV. TERMS For a period of 15 years from the date that the City formally accepts the developer's utility extension, any owner (latecomer) of real estate legally described in Section III, 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 B. The charge herein represents the pro rata share of the cost of construction of said facilities payable by properties benefited. Such properties are shown in Exhibits A and B. Payment of the latecomers pro rata share should be noted as a condition of issuance of the connection permit by the CITY. PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Page 2 of 8 The CITY shall reimburse the DEVELOPER at six (6) month intervals any such amounts collected. Upon the expiration of the 15 -year term any moneys collected by the CITY will not be reimbursed to the DEVELOPER. 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 III of this Agreement, represents a 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 B, and the DEVELOPERS possible payback shall not be more than $7,797.50 in full amount. 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 III, 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 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 A and B 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 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. PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Page 3 of 8 VII. 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 FAC00-0032. 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. 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 A and B, 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 PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Page 4 of 8 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. XII. CONSTITUTIONALITY OR INVALIDITY 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 any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. ATTEST: Danielle Daskam, City Clerk %Fra EVEL PER: - ines TITLE: PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Page 5 of 8 CITY OF AUBURN Peter B. Lewis, Mayor Signature TITLE: STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington My appointment expires STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Frank Gaines is the person who appeared before me, and said individual acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Dated otary Public in and for e State of Washington residing at My appointment expires /1 Loo REF. H:1Staff'ilesU.7arcie�l'avb ickslt_;xinesAL*reement #87.doc. PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Page 6 of 8 215400-0065 1810 2ND ST SE 215400-0100 310 T ST SE 215400-0094 1821 4TH ST SE 215400-0095 1827 4TN ST SE EXHIBIT A PAYBACK AGREEMENT # 87 ASHLEY AVENUE II . 215400=0075 ' 215400-0093 215400-0110 2002 1 215 2ND ST SE 2ND 2 215400-0111 220 V ST SE V9 215400-0089 330 - 00 61 2/15400-f0085 029318-009 1418%1024 V^I G / 02933020020 Y Ci' SE 3RD ,b�E V ST SE 029318-0030 02 2004 029318-0010 3RD CT SE 31 330 215400-0090309 (' V ST SE V ST SE -'I:"' 215400-0080 1952 4TH ST SE PAYBACK AGREEMENT ##87 DEVELOPER'S EXTENSION FAC00-0032 PAGE 7 OF 8 1"=150' DEVELOPERS PARCELS rs; PARCELS BENEFITTED SEWER LINE INSTALLED BY DEVELOPER Exhibit B Payback Agreement # 87 Sanitary Sewer Assessments for Developers Facility Extension FAC00-0032 Ashley Avenue II ' Developer's property - included for information only. The total amount possible for this Payback Agreement is equal to the total facility costs minus the developers share of the improvements $23,392.50 - (2 x $3,898.75) =$7,797.50 PAYBACK AGREEMENT #87 DEVELOPER'S EXTENSION FAC00-0032 Page 8 of 8