HomeMy WebLinkAbout2993 RESOLUTION NO. 2 9 9 3
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
3 AUBURN PARTICIPATION AGREEMENT WITH MICROTEL, FOR THE PURPOSE
OF SHARING THE COST OF CONSTRUCTION OF THE WATER FACILITIES
4 FOR PROJECT NO. FAC0027-96.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
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Section 1. The Mayor and City Clerk of the City of
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Auburn are hereby authorized to execute Auburn Participation
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Agreement with MICROTEL, for the purpose of sharing the cost
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of construction of the water facilities for Project No.
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FAC0027-96. A copy of said Agreement is attached hereto,
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designated as Exhibit "A" and incorporated by reference in
this Resolution.
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Section 2. The Mayor is hereby authorized to implement
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]6 such administrative procedures as may be necessary to carry
17 out the directires of this legislation.
18 DATED and SIGNED this 17TH day of August, 1998.
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20 CITY OF AUBURN
23 CHARLES A. BOOTH
MAYOR
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28
Resolution No. 2993
July 28, 1998
Page 1
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2 ATTEST:
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5 Danielle E. Daskam,
City Clerk
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9 APPROVED AS TO FORM:
10 Mi~j~~
ll
12 . Reynolds,
City Attorney
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Resolution No. 2993
July 28, 1998
Page 2
CI TY OF
Return Address: "' ' S
Auburn Ci~ Clerk
Ci~ of Auburn
25 We~t Main St.
Auburn, WA 98001
D~¢~t ~itl~{~i (or transaction8 oontained therein):
Participatio~ Agreement for Developer ' s Extension
Reference Number(s) of Documents assigned or released:
r'lAdditional reference #'s on page __ of document
01
01 Grantor(s) (Last name first, then first name and initials)
1. Auburn, City of
2.
3.
4.
Grantee: (Last name first)
1. Microtel (Western Steel)
~,-:-; 2.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
::~! Lot D of Short Plat SPL0005-90 Lot 1: Lot D less the East 166 feet
Lot 2: East 166 Feet of Lot D
.~! [] Additional legal is on page 10 & 12 of document.
-::i ~Assessor's Property Tax Parcel/Account Number: 000080-0049 I
~' I"l Assessor Tax # not yet assigned
AUBURN PARTICIPATION AGREEMENT
for
DEVELOPER ' S EXTENSION
MICROTEL
FAC0027 -96
Thms A re?men~?d nd entered znto t~l , of
called the CITY and WESTERN STEEL, INC., whose address is 1044
Industry Drive, Tukwila, WA 98188, hereafter referred to as
DEVELOPER. ~
g da
WHEREAS the CITY has on the / ~ y of
A ith the D PE facilities
described herein; and
WHEREAS, the above-described DEVELOPER has offered and the
CITY has agreed to accept a Bill of Sale found as Exhibit A,
water facility, attached hereto as part of the utility system 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 at the time of construction,legally
described as shown on Exhibit B submitted by the
DEVELOPER and attached hereto. The real property
described is also known as the Microtel Inn.
Map showing said property is attached hereto as Exhibit
C.
II. FACII,ITIRS
The facilities which have been constructed by the
DEVELOPER herein are as shown in the attached Exhibit
A, incorporated herein by these references, and
processed as Developer Public Facility Extension,
Extensions herein referenced as FAC0027-96, 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. AMOUNT OF REIMBURSEMENT
Water facilities: The DEVELOPER, his successors, heirs
and assigns, agrees that the amounts which the
DEVELOPER is reimbursed from the CITY as specified in
this Section of this Agreement, represents a fair pro
rata share participation for the DEVELOPER'S
construction of the oversized facilities described in
Section II of this Agreement. The amount totals to
$14,600.00.
The DEVELOPER shall receive a total of $14,600.00
The DEVELOPER shall receive $14,600.00 for water
facilities, within sixty (60) days of execution of this
agreement.
IV. 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 FAC0027-96.
VI. HOLD HARM!,~SS
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 actions, misconduct or breach of contract
by Western Steel, Inc., 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.
VII. CONSTITUTIONAT.ITY OR INVAI,IDITY
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
MAYOR
CITY CLERK
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that Charles
A. Booth 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
Washington residing at
My appointment expires
DEVELOPER:
TITLE: ~"~j ~ o/' ~'~ c~u,g~'. TITLE:
STATE OF WASHINGTON).
)ss.
COUNTY OF KING )
On this day of , 19..~ ~"' before
me, the undersigned, a NotarfPubli~in and for the State of
Washington, duly commissioned and sworn, personally appeared
~uu~,t -~ru~ and " to me known
~o be the P~i e~ L ~ S~Grotary respectively, of
· ~~ W'~M~,~~_- A that execut
t e, ~~ corporation ed the
foregoing instrument, and acknowledged the. said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they
authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and
year first above written.
.
Return Address:
City of Auburn EXHIBIT A
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
BILl, OF SALE
Reference # (if applicable): N/A AddiUonal on page:
Grantor/Borrower: 1 ) THC - Auburn, LLC 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Descfiption/STR: NE '/, S12,T21,R4 Additional on page:
Assessor's Tax Parcel D#: 000080-0049-06
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of
TEN DOLLARS ($10.00) and other good and sufficient consideration, receipt whereof is hereby
acknowledged, the undersigned Grantor(s) THC - Auburn, LLC, a Washington limited liability
company, do/does by these presents.hereby convey, setover, assign, transfer and warrant to the
City of Auburn, a Municipal Corporation in' King County, Washington, street, 484 LF of
waterline, 177 LF of sanitary sewer and all appurtenances or any other associated public facility
as shown the public facility extension plans referred to as FAC0027-96, the Microtel Inn
development. Situated within the following described real property.
Lots 1 and 2, Short Plat No. SPL0002-96 filed under Recording No. 9606031186,
Records of King County, Washington
and the said Grantor(s) hereby warrant(s) that they are the sole owner(s) of all the property above
conveyed; that they have full power to convey the same and that they will defend the title of the
said Grantee against any and all persons lawfully making claim thereto, and indemnify the City
of Auburn for any costs, including Attorney fees in defending title.
Bill of Sale
Page I of 2
IN WITNESS WHEREOF the Grantor(s) has/have executed these presents this
day of<~,,'(,-,,-~ ,19
STATE OF WASHINGTON)
)ss.
County oflCir~g )
I certify that I know or have satisfactory evidence that U~'~'~.~r~ (/,-- ~l.s~f
acknowledged it as the ~- ~ r~ ~,~%r~r~a~° of
l:>'l. IX. ~ t~C,-t,.V.l .-~,&~'~e,~, a n, to be the flee and voluntary act of such
party for the uses and purposes mentioned in this instrument.
Dated ~ [ t ~ [ *:y ~r
~% pust. tc ,ff..!/..~r~ Notary Pub ' in and for the State of Washington
·
REF. H:XFAC~AC2761 BE98-228
Bill of Sale
Page 2 of 2
EXHIBIT B
LEGAL DESCRIPTION
TOTAL PARCEL: LOT D OF SHORT PLAT SPL0005-90
LOT 1: LOT D LESS THE EAST 166 FEET
LOT 2: EAST 166 FEET OF LOT D
EXHIBIT C
SEE ATTACHED EXHIBIT C
DH/bd
Attachments
REF. H:\FAC\FAC27614\E98-703