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Home My WebLink About08-15-2005 ITEM VIII-B-4CITY OF .UBt�RN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 3889 August 3. 2005 Department: Attachments: Budget Impact: Public Works Resolution No. 3889 $0 Administrative Recommendation: City Council to adopt Resolution No. 3889. Background Summary: Resolution No. 3889 authorizes the Mayor and City Clerk to execute a Payback Agreement with Auburn 56 LLC who completed the facility extension (FAC03-0013) for water and sanitary sewer facilities to serve the plat of Kingsley Meadows. The water and sanitary sewer were extended to and through the plat and provides benefit to adjacent properties that currently do not have water andlor 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. W0815-5 03.10.9 Reviewed by Council &Committees: Reviewed by Departments & Divisions: F1 Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. i ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD El ire ❑ 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 _!_1_ Tabled Until _!_!_ Councilmember: Wagner Staff: Dowd Meeting Date: August 15. 2005 Item Number: VIII.B.4 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 3889 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 AUBURN 56 LLC 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 Auburn 56 LLC, west of 124`h Avenue SE, 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 Auburn 56 LLC, 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. 3889 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 Dap6el B Heid City Attorney Resolution No. 3889 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 # 98 KINGSLEY MEADOWS FAC03-0013 Grantor : City of Auburn Grantee : Auburn 56, LLC Legal Description / STR : A portion of the NW 1/4 of Section 09, Township 21N, Range 05E, King County, WA Assessor's Tax Parcel ID# : 092105-9090, 092105-9076, 092105-9085, 0921050-9233 & 092105-9112 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 Auburn 56, LLC, whose address is 7947 159`h PI NE, Suite 100, Redmond, WA 98052, 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 PAYBACK AGREEMENT # 98 KINGSLEY MEADOWS FAC 03-0013 PAGEIOF8 WHEREAS, the above-described DEVELOPER has offered and the CITY has agreed to accept a bill of sale for sanitary sewer and potable water facilities, 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 was the record OWNER of real property known as the Plat of Kingsley Meadows, King County, Washington and as shown on Exhibit A, incorporated herein by this reference. II. FACILITIES The water and sanitary sewer facilities, which have been constructed by the DEVELOPER, have been processed as Auburn Developer Public Facility Extension FAC03-0013 (originals on file at the office of the City Engineer) and are as generally shown in the attached Exhibit A. The facilities have been constructed in accordance with the ordinances and requirements of the CITY, and have been approved by the City Engineer. III. AREA OF FACILITY SERVICE BENEFIT The properties benefited by the water and sanitary sewer facilities constructed by the DEVELOPER are shown on Exhibit A and listed on Exhibit B, incorporated herein by this reference. The owners of real estate benefiting from the DEVELOPER's construction 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 B 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. PAYBACK AGREEMENT #98 KINGSLEY MEADOWS FAC 03-0013 PAGE20F8 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 Exhibit B of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities described in Section If of this Agreement. The amounts per parcel are separately itemized as shown in Exhibit B attached hereto, and totaling not more than $35,386.90 in full amount. Water facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Exhibit B 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 attached hereto, and totaling not more than $13,835.49 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 Exhibit B, notification of the allocation of costs to be levied against the properties which are payable prior to connection to the systems. The property owners shall have the right to a review of the costs with the Director of Public Works and shall have twenty-one (21) days from the date of said notice to request 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 Exhibit 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 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. PAYBACK AGREEMENT A 98 KINGSLEY MEADOWS FAC 03-0013 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 DEVELOPER has issued a Bill 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 borne by the CITY, except as noted otherwise in FAC03-0013. VIII. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities shown 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 shown within the benefit boundary of the area as shown in the attached Exhibits A and listed on Exhibit 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 4 98 KINGSLEY MEADOWS FAC 03-0013 PAGE40F8 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. CITY OF AUBURN Peter B. Lewis, Mayor ATTEST: Danielle Daskam, City Clerk TT�)Ti ATTT_ N:\kingsley meadows sewer payback agreement .doc PAYBACK AGREEMENT #98 KINGSLEY MEADOWS FAC 03-0013 PAGESOF8 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 STATE OF WASHINGTON) )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jeffrey E. Hamilton is the person who appeared before me, and said person acknowledged that he signed this instrument and on oath stated that he was authorized to execute the instrument and acknowledge as the Chief Financial Officer of Auburn 56, LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 4-24-0S !SUZANNE BARNES STATE OF WASHINGTON I;OTARY PUK!r L:Y CCld6 SSIOX EXP iRES 2-16-C6 PAYBACK AGREEMENT # 98 KINGSLEY MEADOWS FAC 03-0013 PAGE 6 OF 8 Notary Public in and for the State of Washington Residing at f'�n My appointment expires EXHIBIT A PAYBACK AGREEMENT #98 DEVELOPER'S EXTENSION PAGE 7 OF 8 KINGSLEY MEADOWS FAC00-0013 PAYBACK AGREEMENT 1`225' ® PLAT OF EINGSLEY MEADOWS i PARCELS BENEFITED SEWER LINE INSTALLED BY DEVELOPER WATER LINE INSTALLED BY DEVELOPER II I, 14314 i.. «' FA„ F i00m, ! r di �* y�A/ ' �P��rr�11lIII/,� :II •�®= TN, PAYBACK AGREEMENT #98 DEVELOPER'S EXTENSION PAGE 7 OF 8 KINGSLEY MEADOWS FAC00-0013 PAYBACK AGREEMENT 1`225' ® PLAT OF EINGSLEY MEADOWS i PARCELS BENEFITED SEWER LINE INSTALLED BY DEVELOPER WATER LINE INSTALLED BY DEVELOPER Exhibit B Payback Agreement # 98 Kingsley Meadows 092105-9090 $ 6,873.84 $ 9,357.37 092105-9076 $ 6.243.54 $ 8.499.34 092105-9085 not applicable $ 8,493.05 092105-9233 not applicable $ 3,895.16 092105-9112 not applicable $ 3,914.90 Total Construction $ 13,835.49 $ 35,386.90 Costs PAYBACK AGREEMENT k 98 KINGSLEY MEADOWS FAC 03-0013 PAGE 8 OF 8