The URL can be used to link to this page

Home My WebLink About08-15-2005 ITEM VIII-B-3NIJCITYOF B AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Resolution No. 3888 August 3, 2005 Department: Attachments: Budget Impact: Public Works Resolution No. 3888 $0 Administrative Recommendation: City Council to adopt Resolution No. 3888. Background Summary: Resolution No. 3888 authorizes the Mayor and City Clerk to execute a Payback Agreement with Nick and Ronda Perius who completed the facility extension (FAC03-0041) for sanitary sewer facilities to serve their property. The sanitary sewer was extended to and through their property and provides 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. W0815-4 03.10.9 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 ® Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until/ Tabled Until _!_!_ Tabled Councilmember: Wagner I Staff: Dowd Meeting Date: August 15, 2005 1 Item Number: VII1.B.3 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A PAYBACK AGREEMENT FOR DEVELOPER'S EXTENSION BETWEEN THE CITY OF AUBURN AND NICK AND RONDA PERIUS WHEREAS, state law authorizes cities to enter into utility payback agreements with developers who front monies for City utility infrastructure that would benefit others; and WHEREAS, such a payback agreement is appropriate for the sewer infrastructure being installed by Nick and Ronda Perius, north of SE 304" Street, in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor of the City of Auburn is hereby authorized to execute a Payback Agreement for Developer's Extension between the City and Nick and Ronda Perius, 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. Resolution No. 3888 July 29, 2005 Page 1 Section 3. That this resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of 2005. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AS TQ FORM: City Attorney Resolution No. 3888 July 29, 2005 Page 2 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT #100 PERIUS SANITARY SEWER EXTENSION FAC03-0041 Grantor : City of Auburn Grantee : Nick Perius Ronda Perius Legal Description / STR: Assessor's Tax Parcel 1D#: See Exhibit B This Agreement made and entered into this day of 2005 by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter called the CITY and Nick and Ronda Perius, whose address is 30240 110TH PL SE, Auburn, WA. 98092, 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 2005, 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 for sanitary sewer facilities, as part of the utility systems of the CITY; PAYBACK AGREEMENT #100 NICK PERIUS SEWERFAC03-0041 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 is the record OWNER of real property as shown on Exhibit A, incorporated herein by this reference. The real property described is also known as the Perius Residence located at 30240 110TH PL SE, Auburn, WA. 98092 in King County, Washington II. FACILITIES The facilities which have been constructed by the DEVELOPER herein are as shown on the attached Exhibit A, and processed as Developer Public Facility Extension FAC03-0041, 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 Exhibit A and listed on Exhibit B, which is by this reference incorporated as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on Exhibit A and listed on Exhibit B, shall pay the amount as identified in Exhibit B for their specific parcel. All property, within the benefit boundary shall be subject to the connection fee, as provided in this agreement, as a condition of issuance for 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 shown on Exhibit A and listed on Exhibit B, 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 A attached hereto. The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by properties benefited. Such properties are shown in Exhibit A and listed on Exhibit B. Payment of the latecomers pro rata share shall be a condition of issuance of the connection permit by the CITY. The CITY shall reimburse the DEVELOPER at six (6) month intervals for any such amounts collected. PAYBACK AGREEMENT#100 NICK PERIUS SEWER FAC03-0041 Page 2 of 8 Upon the expiration of the 15 -year term, any assessments 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 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 B, and totaling to not more than $38,735.09 in full amount. Prior to recordation 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, and shall be recorded with this payback agreement. 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 any Owner's pro rata share of the cost of the facilities, before connection to the extension, the CITY shall not be 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 #100 NICK PERIUS SEWER FAC03-0041 Page 3 of 8 VII. OWNERSHIP OF FACILITY The DEVELOPER has constructed the facilities described in Section H of this Agreement, which facilities have been accepted by the CITY as satisfactory. The DEVELOPER has issued a Bili of Sale for the facilities to the CITY. The facilities have become a part of the municipal system of the CITY. All maintenance and operation costs of said facility shall be bome by the CITY, except as noted otherwise in FAC03-0041. 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. 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 #100 NICK PERIUS SEWER FAC03-0041 Page 4 of 8 XIL 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. CITY OF AUBURN Peter B. Lewis, Mayor ATTEST: Danielle Daskam, City Clerk II:\STAFFFILES\DARCIETAYBACKS\PERIUS AGREEMENT.DOC PAYBACK AGREEMENT 4100 NICK PERIUS SEWER FAC03-0041 Page 5 of 8 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 Residing at My appointment expires STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Nick and Ronda Perius are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated -450MCM111 Notary Public in and for the State of Washington NOTARY Residing at ��;C C 61 -VZ 711L/ PUBLIC My appointment expires 5-13-116 2 PAYBACK AGREEMENT #100 NICK PERRJS SEWER FAC03-0041 Page 6 of 8 EXHIBIT A PERIUS SEWER 1"=150' ® DEVELOPER'S PROPERTY FAC03-0041 PARCELS BENEFITED PAYBACK AGREEMENT #100 PAYBACK AGREEMENT SEWER LINE INSTALLED DEVELOPER'S EXTENSION BY DEVELOPER PAGE 7 OF S O:IPayCack1P996.d g, 1025200911:26:59 AM, IcMl m Exhibit B Payback Agreement # 100 FAC03-0041 Perius Sewer Extension Sanitary Sewer Assessment Distribution Parcel Number Pro Rata Share ($) 052105-9105. - $ 5,635.72 052105-9156 $ 8,828.83 052105-9084 $ 5,490.24 052105-9083 $ 3,286.22 052105-9025 $ 9,798.69 052105-9154 $ 5,695.40 Totals $ 38,735.09 PAYBACK AGREEMENT #100 NICK PERIUS SEWER FAC03-0041 Page 8 of 8