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Home My WebLink AboutITEM VIII-B-3* °+~, `~ " 7k~ .` CITYOF. .,,, ~°~``_~~~'~r~ + ~ m, ~~~ ~~ ~ - AGENDA BILL APPROVAL FORM ~ "'~ ~,~~ WASH[NGTON Agenda Subject: Date: Resolution No. 4253 October 15, 2007 Department: Attachments: Budget Impact: Public Works Resolution No. 4253 $0 Administrative Recommendation: City Council adopt Resolution No. 4253. Background Summary: Resolution No. 4253 authorizes the Mayor to execute a Payback Agreement with Terrace View Properties LLC who completed the facility extension (FAC06-0002) for sanitary sewer facilities to serve the development of Terrace View. The sanitary sewer lift station was constructed to serve the development and provides benefit to adjacent properties. The City of Auburn has established a Payback Agreement to provide reimbursement to the developer for the benefit received by the adjacent property owners. The required documentation has been provided to the City indicating the developer's applicable cost for the sanitary sewer facilities. W1105-2 A3.13.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O ^ Airport ^ Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks ^ Human Services ^ Planning & CD ^ Fire ^ Planning ^ Park Board ~Public Works ~ Legal ^ Police ^ Planning Comm. ^ Other ~ Public Works ^ Human Resources Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/ Tabled Until _/_/_ Councilmember: Wagner Staff: Dowdy Meeting Date: November 5, 2007 Item Number: VIII.B.3 tljj$j„TFC~T '~ MORE THAN YOU 1MAGiNED RESOLUTION NO. 4253 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 TERRACE VIEW PROPERTIES 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, Terrace View Properties 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 GITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follo.ws: 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 Terrace View Properties LLC., in the form substantially as the agreement Resolution No. 4253 October 26, 2007 Page 1 of 2 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. DATED and SIGNED this day of , 2007 CITY OF AUBURN PETE B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP E F M. D el Heid City Attorney ---------------------------- Resolution No. 4253 October 26, 2007 Page 2 of 2 WHEN RECORDED, RETURN TO: CITY OF AUBURN CITY CLERK 25 WEST MAIN AUBURN, WA 98001 DOCUMENT TITLE Payback Agreement #104 Developer's Extension GRAI~ITOR(s)[Last name first, then first name and initials]: 1. City of Auburn 2. 3. ', GRANTEE(s)[Last name first, then first name and initials~: L Terrace View Properties, LLC 2. LEGAL DESCRIPTION[Abbreviated: i.e., lot, block, plat; or section, township, range]: NW 06-20-OS Complete legal description is at Page _ of document. ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 0520062023,0520062022,0520062012,0520062001,0520062003,0520062002; 0520062011,0520063019,0520063020 The Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. WHEN RECORDED, RETURN TO: CITY OF AUBURN CITY CLERK 25 WEST MAIN AUBURN, WA 98001 DOCUMENT TITLE Payback Agreement #104 Developer's Extension GRANTOR(s)[Last name first, then first name and initials]: 1. City of Auburn 2. 3. GRANTEE(s)[Last name first, then first name and initials]: 1. Terrace View Properties, LLC Z. 3. LEGAL DESCRIPTION[Abbreviated: i.e., lot, block, plat; or section, township, range]: SW 31-21-OS Complete legal description is at Page _ of document. ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 3121059025,3121059027,3121059041,3121059033,3121059036,3121059026 ' The Recorder will rely on the information provided on the form. The staff will not read the document to ' verify the accuracy or completeness of the indexing information provided herein. Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PAYBACK AGREEMENT #104 DEVELOPER'S EXTENSION 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 Terrace View Properties Limited Liability Company, whose address is PO BOX 8500, Covington, WA 98042, 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; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The above-described DEVELOPER and its successors (collectively "Developer") are the record OWNER of real property as shown on Exhibit B attached hereto.. PAYBACK AGREEMENT # 104 DEVELOPER'S EXTENSION PAGE 1 OF 8 The real property described is also known as Terrace View, Pierce County and 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 FAC06-0002, 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. IIL 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. 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 PAYBACK AGREEMENT # 104 DEVELOPER'S EXTENSION PAGE 2 OF 8 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 $966,593.00 in full amount. The Developer's Properties as identified on Exhibit B shall not be subject to reimbursement for the facilities described under this Agreement. 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 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. 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 FAC06-0002. PAl'BACK AGREEMENT # 104 DEVELOPER'S EXTENSION PAGE 3 OF 8 VIII. LJNAUTHORIZED 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 RLJNNING 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. XI. CONSTITUTIONALITY OR INVALIDITY PAYBACK AGREC-MGNT # 10~ DEVELOPER'S EXTENSION PAGE 4 OF 8 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 APP V F Daniel B. Heid, City Attorney DEVELOPER: Terrace View Properties Limited Liability Company i ature TITLE: Managing Member PAYBACK AGRLEMENT # 104 DEVELOPER'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 mstrument, 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 Jon Cheetham 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 Managing Member of Terrace View Properties Limited Liability Company, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ~' ~o~~~~~~~~~~ ~~ B ~ ~.~~~g ~ioR~t ~ ~~p,~ ~pTq,Q~.~ '~ S ", s ,,, i ~j~"~,,,~'y~~~<? ~~ ~ ~ ~r~~~~'~ ~w~'~~~,~c ~ ~ 11~;8\li~.~`°~ ~otary Public in~he State of Washington ~esiding at My appointment expires Za ~~ PAYBACK AGREEMF,NT # 104 DEVELOPER'S EXT~NS[ON PAGE 6 OF 8 Exhibit B PAYBACK AGREEMENT # DEVELOPERS FACILITY EXTENSION FAC # TERRACE VIEW PUMP STATION AND FORCEMAIN Sanitary Sewer Assessment Distribution Tax Lot Acres Property Assessment 312105-9025 _ _ 6.38 ---- - $ 54,375.15 - __-- - _- -- - -_ 312105-9027 3.84 $ 32,738.45 - _ __-_-- 312105-9041 - --- -- -- _ 6.52 __- __ - - $ 55,587.25 -----_ _- 312105-9033 -- _ __-- ----- - _-- - - 1.36 - --- --- - $ 11,594.78 - - 312105-9036 _____ ------ 1.36 - $ 11,594.78 - 312105-9026 - --- - - - 1.10 --- -_ $ 9,372.55 __--- - _ _ 312105-9028" __ _ ---- _ __ _ 18.60 _ _ . _ _ _- - - $ 158,589.19 _- --- _--- --- 312105-9010* - --- ----__ _. 1.14 ---- --.____ ._-- $ 9,691.18 -_ _ _ _ _-- __ _---- . 312105-9056* 108 $ 9,217.54 052006-2023 --- _-- 6.57 - $ 56,013.54 052006-2022 _ __ -- - 0.72 - -- - - $ 6,166.23 - - - - 052006-2012 0.17 $ 1,449.32 --- _ _--- ___ 052006-2001 _ _ __ _-- - _ _-- .- 1.19 - --- __ _ ___ _--- _. $ 10,145.46 -- _ _-- 052006-2003 525 $ 44,759.71 - _ - -- -- ---- 052006-2002 ____ ------- -- 4.08 __ _ _ - - _ $ 34,784.73 _ _ _--- 052006-2011 -- - - --- _ __ _ 0.51 _- - -- $ 4,348.16 - -- --- -- _ 052006-6701'` - 18.63 $ 158,833.06 -- - --__ _.. _ _ _ __ 052006-6025* _ _ ------ - - _ __ 21.57 ----- - --- --- -- --- $ 183,898.41 _ . _- -- 052006-2048* _--- -- -- - 5.88 ---- _ _ _ $ 50,130.91 -- ___ _-- -- - ---- 052006-2049* - 0.07 $ 587.17 - --- .. --_ _ 052006-2043" 1.74 $ 14,834.57 052006-2706* 1.10 $ 9,378.22 052006-3019 1.47 $ 12,499.41 052006-3020 3.05 $ 26,003.26 Total 113.37 $ 966,593.00 " Properties included for information only, no payback required. Pump station and forcemain cost = $ 966,593 Total amount possible for this Payback Agreement is equal to the facility costs minus the developers share of the improvements $966,593 - $595,160 = $ 371,433 Page 8 of 8