HomeMy WebLinkAboutITEM VIII-B-4RESOLUTION NO. 4 4 0 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND W. H. HUGHES HOMES, INC. FOR A PAYBACK
AGREEMENT FOR UTILITY EXTENSIONS
WHEREAS, W. H. Hughes Homes, Inc. is the owner of property in the City of
Auburn which W. H. Hughes Homes, Inc. is developing; and
WHEREAS, in connection with the development of property by W. H. Hughes
Homes, Inc., it is necessary that utilities be provided to the property, which the
developer is willing to do in exchange for a payback agreement whereby the developer
may be able to recoup a portion of the costs of brining the utilities to the property when
other properties take advantage of and connect to those utilities; and
WHEREAS, this matter was initially considered by the City Council in connection
with its proposed Resolution No. 4119, in September of 2007; and
WHEREAS, W. H. HUGHES HOMES, INC. has recalculated its repayment
amounts to more favorably reflect the costs to and benefits for other properties in the
vicinity in connection with the Payback agreement; and
WHEREAS, it is in the public interest for the parties to enter into an agreement
for a payback agreement as described above and as set forth more particularly in the
attachment hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4400
September 15, 2008
Page 1 of 2
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are
hereby authorized to execute an Agreement between the City of Auburn and W. H.
Hughes Homes, Inc. for a payback agreement, which agreement shall be in substantial
conformity with the Agreement a copy of which is attached hereto, marked as Exhibit
"A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of , 2008.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP/ROVEDASS TO FORM:
iel
Resolution No. 4400
September 15, 2008
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 05-21-05
Assessor's Tax Parcel ID#: See Exhibit B
This Agreement made and entered into this day of ,
2008, 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.?GI C adopted by the City Council of the CITY on the 15 day of
2008, 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 15-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
$203,124.00 in full amount.
In addition to sum set forth above, the City collected fees in lieu of assessment for
four properties (tax parcel nos. 221240-0010, 221240-0140, 221240-0200, and
052105-9062) within the benefited area prior to execution of this Agreement,
totaling $8,240.29, which the CITY shall pay to the DEVELOPER.
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 parry 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 # 102
DEVELOPER'S EXTENSION FAC04-0013
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 FAC04-0013.
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,
PAYBACK AGREEMENT 4102
DEVELOPER'S EXTENSION FAC04-0013
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
Tom.
Pet r B. Lewis, Mayor
ATTEST:
APP ED A FORM:
el 1B. i C' y ey
Danielle Daskam, City Clerk
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
PAYBACK AGREEMENT # 102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 5 OF 8
DEVELOPER:
Signature Signature
TITLE: TITLE:
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
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
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PAYBACK AGREEMENT # 102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 7 OF 8
Exhibit B
PAYBACK AGREEMENT #102
DEVELOPERS FACILITY EXTENSION FAC #040013
Auburn Place Off-Site Sewer Extension
Sanitary Sewer Assessment Distribution
Tax Lot Assessed Front
Fair /Pro-Rata Share ($)
Footage (LF)
052105-9066
30
Toomb $4,791.00
221240-0130
Brammeier 100 $15,969.00
221240-0150
Cossio 100 $15,969.00
221240-0160
Larson 100 $15,969.00
052105-9019
Hughes 269 $42,956.00
221240-0170
Adamski 229 $36,569.00
052105-9015
Potter 145 $23,155.00
052105-9057
Herren 199 $31,788.00
221240-0210 -
Lanctot 100 $15,969
TOTALS 1272 $203,124.00
PAYBACK AGREEMENT # 102
DEVELOPER'S EXTENSION FAC04-0013
PAGE 8 OF 8