HomeMy WebLinkAboutITEM VIII-B-1.ALTB~.IR.N
WASHINGTON
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 4119 Se tember 6, 2007
Department: Attachments: Budget Impact:
Public Works Resolution No. 4119 $0
Administrative Recommendation:
Staff Does Not Recommend Approval Of Resolution No. 4119.
Background Summary:
Resolution No. 4119 authorizes the Mayor and City Clerk to execute a Payback Agreement with WH
Hughes Homes Inc. who completed the facility extension (FAC04-0013) for sanitary sewer facilities to
serve the plat of Auburn Place. The sanitary sewer was extended to and through the plat 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. The required documentation has been provided to the City indicating the
developer's applicable cost for the sanitary sewer extension. The per lineal foot cost of this payback
agreement is substantially higher than historical payback agreement amounts of this type although staff
found no extenuating circumstances that would seem to justify the higher costs The per lineal foot cost of
this payback is proposed to be $567.58. The average per lineal foot cost of the previous five sanitary
sewer payback agreements is $81.37 per lineal foot. The Council has the authority to either approve or
deny the request for a payback agreement, but cannot modify or negotiate the amount of the payback.
Staff does not recommend approval of this resolution.
W0917-5
A3.13.9
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O
^ Airport ^ Finance ^ Cemetery ^ Mayor
^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks
^ Human Services ^ Planning & CD ^ Fire ^ Planning
^ Park Board ®Public Works ®Legal ^ Police
^ Planning Comm. ^ Other ®Public Works ^ Human Resources
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/_
Referred to Until _/_/_
Tabled Until _/_/_
Councilmember: Wa ner Staff: Dowd
Meetin Date: Se tember 17, 2007 Item Number: VI11.6.1
A~$~ * MtJRE THAN YQU IMAGINED
RESOLUTION NO.41 1 9
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 W. H.
HUGHES HOMES INC.
WHEREAS, W. H. Hughes Homes, Inc., has installed a sanitary sewer
extension along 112th Avenue SE to serve the Auburn Place subdivision; and
WHEREAS, W. H. Hughes has requested the City Council approve a
Payback Agreement to cover the costs of such sanitary sewer extension,
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
W. H. Hughes Homes Inc., 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. 4119
September 6, 2007
Page 1 of 2
DATED and SIGNED this day of , 2007.
CITY OF AUBURN
PETE B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B Heid
City Attorney
H:\Stafffiles\Darcie\Paybacks\Auburn 56 Res.doc
Resolution No. 4119
September 6, 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 #102
DEVELOPER'S EXTENSION
Reference # (if applicable):
Grantor City of Auburn
Grantee WH Hughes Homes Inc.
Legal Description / STR: SE OS-21-OS
Assessor's Tax Parcel ID#: See Exhibit B
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 WH Hughes Homes, whose address is 15220
Cedar Grove Rd, Issaquah, WA 98027, 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 for sanitary sewer facilities as part of the utility systems of the CITY;
PAYBACK AGREEMENT #102
DEVELOPER'S EXTENSION FAC04-0013
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 legally
described as shown on Exhibit A. The real property described is also known as the
Plat of Auburn Place, King County, Washington.
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 references, and
processed as Developer Public Facility Extension, Extension herein referenced as
FAC04-0013, 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 herein 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 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 and B. Payment of the latecomers pro
rata share is a condition of issuance of the connection permit by the CITY.
The CITY shall reimburse the DEVELOPER at six (6) month intervals any such
amounts collected.
PAYBACK AGREEMENT # 102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 2 OF 8
Upon the expiration of the I S-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 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
$471,093.00 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
City Engineer 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 City Engineer, 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 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
The DEVELOPER has constructed the facilities described in Section II of this
Agreement, which facilities have been accepted by the CITY as satisfactory.
PAYBACK AGREEMENT #102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 3 OF 8
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 FAC04-0013.
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 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 # l02
DEVELOPER'S EXTENSION FAC04-0013
PAGE 4 OF 8
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:
Danielle Daskam, City Clerk
STATE OF WASHINGTON )
)ss.
County of King )
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
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
PAYBACK AGREEMENT # 102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 5 OF 8
DEVELOPER:
Signature
TITLE:
STATE OF WASHINGTON )
ss
COUNTY OF KING )
Signature
TITLE:
I certify that I know or have satisfactory evidence that
and
are 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
and of
a corporation, 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,
PAYBACK AGREEMENT # 102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 6 OF 8
EXHIBIT A
MAP TO BE INSERTED HERE
PAYBACK AGREEMENT #102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 7 OF 8
Exhibit B
PAYBACK AGREEMENT #102
DEVELOPERS FACILITY EXTENSION FAC #04-0013
Auburn Place Off-Site Sewer Extension
Sanitary Sewer Assessment Distribution
Tax Lot Assessed Front
Footage (LF) Fair /Pro-Rata Share ($)
221240-0010 99.38 $ 31,818.58
052105-9066 30 $ 9,605.13
221240-0130 100 $ 32,017.09
221240-0140 100 $ 32,017.09
221240-0150 100 $ 32,017.09
221240-0160 100 $ 32,017.09
052105-9019 269 $ 86,125.96
221240-0170 229 $ 73,319.13
052105-9015 145 $ 46,424.77
052105-9057 199 $ 63,714.00
052105-9062 100 $ 32,017.09
TOTALS 1,471.38 $ 471,093.00
Total cost per foot = $320.17
PAYBACK AGREEMENT #102
DEVELOPER'S EXTENSION FAC04-0013
PAGE80F8