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HomeMy WebLinkAbout2993 RESOLUTION NO. 2 9 9 3 ] 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. 5 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 6 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: 7 Section 1. The Mayor and City Clerk of the City of 8 Auburn are hereby authorized to execute Auburn Participation 9 Agreement with MICROTEL, for the purpose of sharing the cost 10 of construction of the water facilities for Project No. 11 FAC0027-96. A copy of said Agreement is attached hereto, 12 designated as Exhibit "A" and incorporated by reference in this Resolution. 14 Section 2. The Mayor is hereby authorized to implement 15 ]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. ]9 20 CITY OF AUBURN 23 CHARLES A. BOOTH MAYOR 24 25 28 Resolution No. 2993 July 28, 1998 Page 1 1 2 ATTEST: 3 4 5 Danielle E. Daskam, City Clerk 6 7 8 9 APPROVED AS TO FORM: 10 Mi~j~~ ll 12 . Reynolds, City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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