HomeMy WebLinkAboutITEM VIII-B-1~~
A~~.
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 4132 March 14, 2007
Department: Attachments: Budget Impact:
Public Works Resolution No. 4132 $0
Administrative Recommendation:
City Council adopt Resolution No. 4132.
Background Summary:
Resolution No. 4132 authorizes the Mayor and City Clerk to execute a Payback Agreement with JPS
Holdings, LLC. who completed the facility extension (FAC04-0006) for water facilities to serve the plat of
Marchini Meadows. The developer made improvements to the booster pump station that provides benefit
to adjacent properties. The City of Auburn has established a Payback Agreement to provide
reimbursement to the developer for the benefit received by the adjacent property owners.
A3.13.9
W0402-1
Reviewed by Council 8~ Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O
^ Airport ^ Finance ^ Cemetery ^ Mayor
^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks
^ Human Services ^ Planning & CD ^ Fire ^ Planning
^ Park Board ®Public Works ®Legal ^ Police
^ Planning Comm. ^ Other ®Public Works ^ Human Resources
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/ /_
Referred to Until _/_/
Tabled Until _/_/_
Councilmember: Wa ner Staff: Dowd
Meetin Date: Aril 2, 2007 Item Number: VI11.6.1
AU$T.,T~N * MORE THAN YOU IMAGINED
RESOLUTION NO. 41 3 2
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 JPS
HOLDINGS LLC
WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes
the City Engineer to develop, implement, and administer facility extension
payback agreements for utility improvements, and to execute those agreements
upon Council approval; and
WHEREAS, JPS Holdings LLC has constructed the utility improvements
described in the attached payback agreement, and has agreed to deed those
improvements to the City; and
WHEREAS, pursuant to ACC 13.40.030, the City has received and
approved plans for the improvements; and
WHEREAS, the City Council finds that entry into the payback agreement
is in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the City Engineer of the City of Auburn is hereby
authorized to execute a Payback Agreement for Developer's Extension
between the City and JPS Holdings LLC, in the form substantially as the
Resolution No. 4132
March 15, 2007
Page 1 of 2
agreement attached hereto, marked as Exhibit "A" 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.
DATED and SIGNED this day of
.2007.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4132
March 15, 2007
Page 2 of 2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
PAYBACK AGREEMENT #103
DEVELOPER'S EXTENSION
FAC04-0006
Reference # (if applicable):
Grantor City of Auburn
Grantee JPS Holdings LLC
Legal Description / STR: NE 092105; NW 102105 SE 042105; SW 032105
Assessor's Tax Parcel ID#: See Exhibit A
This Agreement made and entered into this day of
2007, by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and JPS Holdings LLC, 18124 Riveria Place
SW, Seattle WA 98116, 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
2007, 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 #103
DEVELOPER'S EXTENSION
PAGE 1 OF 8
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. DEVELOPER
The real property described is also known as the Plat of Marchini Meadows, King
County, Washington.
II. FACILITIES
The facilities which have been constructed by the DEVELOPER area 1,800 gpm
booster skid package at the Lea Hill Intertie Pump Station processed as Developer
Public Facility Extension, Extension herein referenced as FAC04-0006, 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, which are by this reference incorporated herein as if fully
set forth herein. Any owner of real estate legally described within the benefit
boundary as shown on the attached Exhibit A, 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 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 Exhibits A. Payment of the latecomers
pro rata share is a condition of issuance of the connection permit by the CITY.
PAYBACK AGREEMENT #103
DEVELOPER'S EXTENSION
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
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 attached hereto, and totaling to not more than $205,075.16 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
Exhibit A 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 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.
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.
VII. OWNERSHIP OF FACILITY
PAYBACK AGREEMENT #103
DEVELAPER'S EXTENSION
PAGE 3 OF 8
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 FAC04-0006.
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 Exhibit A, 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
the preparation and attendance of depositions, hearings, arbitration proceedings,
PAYBACK AGREEMENT #103
DEVELOPER'S EXTENSION
PAGE 4 OF 8
settlement conferences and trials growing out of the demands and/or actions of
property owners incurred in the performance or completion of this Agreement.
XI. 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:
APPROVED AS TO FORM:
Danielle Daskam, City Clerk Daniel B. Heid, City Attorney
DEVELO
TITLE: ~ ~~~ (~ r
PAYBACK AGREEMENT #103
DEVELAPER'S EXTENSION
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
My appointment expires
STATE OF WASHINGTON)
ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that Joe Singh 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 instrument and acknowledge as the
Manager of JPS Holdings a limited liability company, to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated ~ ~- ~ - ~ ~•
4~aoe~~.•eR'291~e R S A
.x... .
°, .,
A~
Notary Public ' and for the
Residing at ~ ~ ~~Y.'
My appointment expires-
of W
PAYBACK AGREEMENT #103
DEVELOPER'S EXTENSION
PAGE 6 OF 8
Exhibit A
Marchini Meadows Water Booster Pump Station Payback #103
Parcel Number Parcel Size
in SF Possible
lots
Total Possible Payback
102105-9007 1,243,202 75 $16,809.75
102105-9022 305,791 42 $9,413.46
102105-9063 236,095 33 $7,396.29
102105-9044 253,955 35 $7,844.55
102105-9041 13,200 2 $448.26
102105-9074 12, 206 2 $448.26
102105-9032 69,696 10 $2,241.30
102105-9006 486,130 67 $15,016.71
102105-9095 152,460 21 $4, 706.73
102105-9059 43,560 6 $1,344.78
102105-9079 232,175 32 $7,172.16
102105-9058 155,945 21 $4,706.73
032105-9012 320,602 44 $9,861.72
032105-9148 108,900 .15 $3,361.95
032105-9145 108,900 15 $3,361.95
032105-9160 87,120 12 $2,689.56
032105-9191 43,560 6 $1,344.78
032105-9192 10 $2,241.30
032105-9161 147,668 20 $4,482.60
032105-9159 131,551 18 $4,034.34
032105-9157 85,813 12 $2,689.56
032105-9153 43,560 6 $1,344.78
032105-9147 582,397 80 $17,930.40
032105-9040 106,286 15 $3,361.95
032105-9044 199,505 27 $6,051.51
032105-9144 21,200 3 $672.39
032105-9151 105,851 15 $3,361.95
032105-9136 108,900 15 $3,361.95
042105-9077 414,691 57 $12,775.41
042105-9015 356,321 49 $10,982.37
894670-0210 35,747 5 $1,120.65
042105-9053 30,480 4 $896.52
042105-9063 23,040 3 $672.39
092105-9078 181,645 25 $5,603.25
092105-9232 6,275 1 $224.13
092105-9158 139,827 19 $4,258.47
092105-9159 43,560 6 $1,344.78
092105-9160 58,806 8 $1,793.04
092105-9161 38,016 5 $1,120.65
092105-9033 64,033 9 $2,017.17
092105-9162 38,016 5 $1,120.65
092105-9134 89,298 12 $2,689.56
092105-9136 87,120 12 $2,6$9.56
092105-9115 93,654 13 $2,913.69
092105-9114 83,200 11 $2,465.43
092105-9154 87,991 12 $2,689.56
PAYBACK AGREEMENT #103
DEVEIAPER'S EXTENSION
PAGE 7 OF 8
~- -_-==
- _ _
~~-
vJ
0
Payback
Area
~~ ~ k . LEA HILL BOOSTER STATION BOUNDARY
MARCF/~1 WEADOW8 PAYBACK
WASHINGTON ~i ~ N
{~Qcte 8 0 -~ 8