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HomeMy WebLinkAbout2955 1 RESOLUTION NO. 2 9 5 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, FIRST AMENDMENT TO LAKELAND ANNEXATION T G 4 BETWEEN THE CITY AND THE LAKELAND COMPANY, INC. 5 WHEREAS, the City and The Lakeland Company, Inc. have previously entered into the Lakeland Annexation and Utilities 7 Agreement in June, 1996; and 8 WHEREAS, disputes arose between the parties on the 9 interpretation and enforcement of the said Agreement and the 10 parties now desire to resolve any disputes with respect to that Agreement and with respect to all claims and obligations 12 between the parties arising from events which pre-date the execution on of this Agreement. 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, ]5 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 18 RESOLVES AS FOLLOWS: 17 Section 1. The Mayor and City Clerk of the City of 18 19 Auburn are herewith authorized to execute First Amendment to 20 Lakeland Annexation and Utilities Agreement with The Lakeland 2] Company, Inc. A copy of said Agreement is attached hereto, 22 denominated as Exhibit "A" and made a part hereof as though 23 set forth in full herein. 24 25 28 Resolution No. 2955 April 29, 1998 Page 1 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry 3 out the directives of this legislation. 4 DATED this 4t~ day of May, 1998. 5 CITY OF AUBURN 7 9 CHARLES A. BOOTH 10 MAYOR 11 ATTEST: 13 14 D 15 Da~n'el~~le(E. Daskam, ]8 City Clerk ]7 18 APPROVED AS TO FORM: 19 21 Michael J. Reynolds, 22 City Attorney 2S 24 25 26 Resolution No. 2955 April 29, 1998 Page 2 PIEF(CE COLINTY, WA 9805210624 5-21-19'~ 01:49 ml . .- . , Fee ~t: 157.00 AUDITOR'S NOTE LEGIB1LffY FOR RECORDING AND COPYING UII- SATISFACTORY IN A PORTION OF THI INSTRU- Return Address: Auburn City C~erk Cil~ of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Amendment to Lakeland Anne×ation and Utilities Agreement 2. 4. Reference Number(s) of Documents assigned or released: NONE []Additional reference #'s on page __3 of document Grantee (Last name first, then first name and initials) 1. The Lakeland Company 2. 3. 4. Grantor: (Last name first) 1. AUBURN, CITY OF 2. 3. 4. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SEC 6 TWP 20 N Range 5 [] Additional legal is on page 31 of document. Assessor's Property Tax Parcel/Account N umber: 0520061012, 0520061013, 0520061014, 0520052038, 0520061015, 0520052039, 0520061016, 0520082006, 0520082010, 0520064000, 0520063000, 0520053001, 0520053004, 0520053014, 0520053004, 0520053014, 0520053004, 0520053014, 0520053008, 0520053042, 0520051032, 0520051001, 0520051003, 0520071001, 0520053041, 0520062007, 0520062027, 0520062028, 0520053038, 0520053030, 0520063000, 0520064000, 0520063008 [] Assessor Tax # not yet assigned 9 0 ,10G,?,4 AMENDMENT TO LAKELAND ANNEXATION AND UTILITIES AGREEMENT THIS AGREEMENT made and entered into this day of ~/~~ , 1998, by and between the CITY OF AUBURN, a municipal corporation, organized under Title 35A, Optional Municipal Code, hereinafter referred to as "CITY" and THE LAKELAND COMPANY, INC., a Washington corporation, its heirs, successors and assigns and all related entities and all shareholders, and/or owners, jointly and severally and their marital communities, including all parties that have an interest in the property affected by this Agreement, herein referred to as "TLC". WHEREAS, the parties to this Agreement have previously entered into the Lakeland Annexation and Utilities Agreement, referred to as ~PRE-ANNEXATION/UTILITIES Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 1 [c/agree/rnj r-finat] 9805ZIOGZ4 AGREEMENT" in June, 1996, which agreement was approved by Auburn City Council under Ordinance No. 4867; and WHEREAS, disputes arose between the parties on the interpretation and enforcement of the Pre- Annexation/Utilities Agreement referred to above, and the parties desire to resolve any disputes with respect to all claims and obligations between the parties arising from events which pre-date the execution of this Agreement; and WHEREAS, the parties desire to end all disputes and claims, including any and all claims for damages, attorney fees and costs arising from events which pre-date the execution of this Agreement; and WHEREAS, the parties have engaged in numerous meetings to resolve all issues between the parties and this Agreement reflects a compromised position between the parties for the purposes of attaining a complete settlement; and WHEREAS, it is the intent of this Agreement that the agreement entitled Lakeland Annexation and Utilities Agreement, recorded under Recording No. 9608120131 shall remain in force and effect except as specifically amended by this Agreement; and WHEREAS, the parties acknowledge that a dispute existed between the City of Bonney Lake and the CITY with respect to L~el~d-ResolmionNo. 2955, E~ibit"A" M~ 6,1998 P~e2 [c/agree/mjr-finat] 9805Zt06 4 water service, which dispute has been settled between the City of Bonney Lake and the CITY and in such settlement comments were taken from TLC and incorporated into the final Settlement Agreement between the CITY and Bonney Lake; and WHEREAS, it is the intent of the parties that the CITY proceed with the annexation of the TLC property and that TLC develops that property which is either annexed or will be annexed in accordance with the standards and land use polices and procedures of the CITY; and WHEREAS, this Agreement and the requirements for any monetary payment from TLC to the CITY under this Agreement were specifically requested by TLC to result in a more marketable development for TLC and any payments are acknowledged to be not requested by the CITY but placed in the Agreement by TLC unilaterally and is not considered payment under RCW 82.02.020; and WHEREAS, the parties acknowledge that TLC, in cooperation with the State of Washington and other local government units, other than the City of Auburn, is proceeding with the construction of the certain portions of the Lake Tapps Parkway East, as defined in a mitigation agreement executed between Pierce County and TLC and that the CITY has no responsibility to construct, make any L~el~d-Resolution No. 2955, ELibit "A" May 6, 1998 Page 3 [c/agree/mjr-finat] 9805 t06 4 payments nor guarantee in any way any obligations for the construction of TLC's portion of the Parkway project. However, the parties acknowledge the importance of this construction project to TLC and that the execution of this Agreement is vital to TLC's ability to secure financing for its construction, and understand that the sole purpose of the expedited handling of this Agreement is to obtain a resolution of disputes prior to May 4, 1998. May 4, 1998 is a TLC funding date which requires this Agreement for TLC to obtain the necessary funding to construct this roadway; and WHEREAS, the parties acknowledge the existence of an Agreement referred to as the "Crabtree Agreement" and agree that the settlement provisions in this Agreement settle all disputes including but not limited to any claims that TLC may have as a successor under the Crabtree Agreement; and WHEREAS, the Crabtree Agreement and all its terms, including those terms relating to customer equivalent charges for services, expire on June 6, 1998; and WHEREAS, the parties agree that TLC has had input with regard to the resolution of the CITY and the City of Bonney Lake dispute and agree that the settlement provisions in this Agreement settle any claims TLC may have against the CITY with respect to water, including but not limited to the L~el~d-Resol~ionNo. 2955, E~it"A" M~ 6,1998 P~e4 [c/agree/mjr-f~nat] 9805ZlOGZ4 providing of water, the providing of water pressure, fire flow or any other claims related to the water utility. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED, THE PARTIES AGREE AS FOLLOWS: 1. LAKELAND ANNEXATION AND UTILITIES AGREEMENT: The parties reaffirm the terms and conditions of the Lakeland Annexation and Utilities Agreement recorded under Recording No. 9608120131, except as specifically amended herein. This Agreement affects that real property identified on the map attached hereto and incorporated by reference as Exhibit "1" and legally described on attached Exhibit ~2", hereafter referred to as "TLC Property". 3. DEVELOPMENTAL APPROVALS FROM PIERCE COUNTY: The parties acknowledge that as provided in the PRE-ANNEXATION/UTILITIES AGREEMENT, paragraphs 2.2,2.9,2.13, and 4.1, prior to annexation of the subject project TLC, must obtain developmental approvals from Pierce County and in so doing agrees to comply with the Pierce County requirements and the CITY standards and land use polices and procedures. In the event that the imposition of CITY standards on a development application submitted to Pierce County for t~el~d-Resol~ion No. 2955, E~ibit "A" M~ 6, 1998 P~e 5 tc/aaree/mjr-finat] 9805Z106g4 an area not yet annexed to the CITY would result in the denial of the application by Pierce County, then the Pierce County standard will prevail. The CITY agrees to provide sewer service consistent with the terms and conditions of this Agreement. 4. POLICE AND FIRE SERVICES: Upon annexation the CITY will provide to the area annexed, police and fire services that it provides to its other citizens. Fire service shall be provided to the annexed property provided that TLC has met all requirements of ACC Titles 15, and Chapter 13.16 as it relates to fire flow, and provided that the CITY may contract fire services if it cannot practicably provide fire service to some of the annexed area. Sprinklers shall be required for multifamily and commercial development. Sprinklers shall be required for single-family residential development only if necessary to satisfy the CITY's fire flow standards as described in Title 15. 5. PARKS: Paragraph 4.5, "Parks", of the PRE-ANNEXATION/ UTILITIES AGREEMENT, is amended to read as follows: Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 6 [c/agree/rnj r-finat] 9805ZtOGg4 4.5(a) TLC shall dedicate to CITY, one developed 15-acre park, one undeveloped 15-acre park, two developed 5-acre parks, and a linear park along Lakeland Hills Way for a total of approximately 42.91 acres. 4.5(b) The parks will be located as indicated on Exhibit 1. Except for the linear park and Park P4, the topography and soil conditions shall be approved by the CITY to ensure each site is suitable for active park use. The CITY has reviewed Park P4 and agrees to accept this undeveloped park "as is". The park locations indicated on Exhibit 1 are acceptable to the CITY. However, the parties acknowledge that in order to locate the parks where indicated on Exhibit 1, TLC must obtain a major amendment approval pursuant to Pierce County Code. TLC agrees to process the major amendment application by submitting an application to the CITY and Pierce County concurrently within 30-days of execution of this Agreement. While reserving the right to review any other aspects of the major amendment, the CITY agrees not to object to the proposed park locations. 4.5(c) As soon as reasonably possible upon legal segregation, but no later than six months after approval of the preliminary plat for Lakeland Division One, L~el~d-ResolutionNo. 2955, Exhibit"A" May6,1998 Page7 [c/agree/mjr-finat] 9805Z O624 TLC shall dedicate Park P4 to the CITY. The linear park depicted on Exhibit 1 shall be designed to standards approved by the CITY Parks Director and shall be developed concurrent with construction of Lakeland Hills Way. The CITY agrees that TLC's commitment to dedicate Park P4 and the linear park, as described in this Agreement, satisfies the CITY's concurrency and mitigation requirements for issuance of 800 residential building permits. Prior to the issuance of residential building permits for 801 dwelling units within the PUD, TLC shall develop and dedicate Park P2 to the CITY or make arrangements for dedication and use acceptable to the CITY as necessitated by financing. CITY and TLC agree that upon dedication of Parks P2 and P4, TLC shall have satisfied concurrency requirements for the issuance of residential building permits for a total of 2,173 dwelling units. Thereafter, prior to the issuance of residential building permits for dwelling units in excess of a total of 2,173, CITY and TLC agree that additional park improvements must be dedicated to CITY (or the land dedicated, the improvements bonded, and an improvement schedule agreed upon) consistent with the formula described below: Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 8 [c/agree/mj r-f ina[] 9805ZX0624 The ratio of improved parks required per thousand population shall be calculated based upon the following mathematical assumptions: 3,408 units approved in Lakeland South 42.91 acres of both improved and unimproved parks required 2.8 residents per household assumed for conversion of people to units Accordingly the ratio of improved park required per thousand population shall be calculated as follows: Total (42.91 acs / (3408 x 2.8 = 9542)) = 4.5 acres combined parks/1000 population Less (15.0 acs / (739 x 2.8 = 2069)) = 7.25 acres of unimproved park/1000 (27.91 acs/(2669 x 2.8 = 7473)) = 3.73 acres of unimproved park/1000 Based upon the foregoing calculations, TLC shall be entitled to the issuance of 95.62 residential building permits for each acre of improved park dedicated to the CITY (or unimproved/bonded park) dedicated to the CITY. 4.4 TLC and CITY shall work cooperatively in development of specific plans that meet CITY park standards. Each party shall respond promptly to proposals and submittals relating to the design and construction of park improvements. The CITY reserves final approval authority of park plans and CITY approval must be granted prior to L~el~Reso~ionNo. 2955, Exhibk"A" M~ 6,1998 P~e9 [c/agree/mir-finat] 9805ZXO6Z4 construction. The level of improvements required in Parks P1, P2 and P3 shall be based upon $1.82 per square foot of total park areas for P1, P2 and P3. The cost per square foot is based upon improvements made to Lakeland Hills Park in 1992 and the improvements shall be made at that rate adjusted by Consumer Price Index from 1992 until the date of Park plan approval by the CITY. The CITY has the right to distribute improvement funds between and among the Parks but in any event, TLC's financial obligation shall not exceed the total per square foot cost as specified above. 4.5(d) The CITY shall assume the responsibility for proper maintenance of the parks dedicated to it, provided, however, that the CITY may allow TLC to provide additional maintenance within parks dedicated to the CITY with the CITY's written consent. Except for Park P4, TLC must give CITY 1-year notice prior to dedication of any park land to the CITY. 4.5(e) TLC and/or appropriate homeowner associations, agree to develop, own, maintain, repair, and pay real estate taxes and assessments (if any) on all other park areas indicated on Exhibit 1 which are less than five acres in size. Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page l0 [c/agreelmjr-finatl 9805ZX06 4 4.5(f) The CITY agrees that TLC's satisfactory performance of the terms contained in this Section of the Agreement shall constitute full and complete satisfaction of the CITY's park standards and requirements and shall be deemed to meet all park mitigation and concurrency requirements for the development of the TLC Property. 4.5(g) TLC agrees that any park impact fees paid to Pierce County pursuant to Pierce County requirements will not affect or reduce the park commitments to the CITY contained in this Agreement. 4.5(h) In addition to the parks referenced in this Section, TLC agrees to develop recreational trails within the relocated power line haul road depicted on Exhibit 1 pursuant to a design and construction schedule to be mutually determined by CITY and TLC. Upon completion of trail construction, maintenance of this recreational trail shall be the responsibility of the CITY. 6. INSPECTING AGENCY: A building permit that has been issued by Pierce County shall be inspected by Pierce County even if the subject property is annexed after permit approval. Building permits approved by the CITY shall be inspected by the CITY. Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 11 [c/agree/mjr-f~nat] 9805Z1.0624 7. COVENANT RUNNING WITH THE LAND: The parties agree that this Agreement is a covenant running with the land and is binding and benefiting the TLC Property. In order to insure that purchasers of homes, rental, commercial or other properties may obtain title free of the encumbrances of this Agreement, the issuance of a building permit for such property shall be satisfactory evidence of compliance with all provisions of this Agreement. 8. SCHOOL IMPACT FEE ORDINANCE: The parties acknowledge that at the request of the Dieringer School District, and without objection by TLC, the CITY has enacted a School Impact Fee Ordinance. TLC agrees not to challenge the School Impact Fee Ordinance and agrees not challenge any school impact fees up to $1425 for single- family and $750 for multifamily. The CITY reserves the right to increase the above fees in the future, TLC reserves the right to challenge any school impact fees which exceed the above stated amounts. 9. PROTOCOL FOR SUBMISSION OF APPLICATIONS: Paragraph 4.1(b) of the PRE-ANNEXATION/UTILITIES AGREEMENT is amended as follows: L~el~d-ResolutionNo. 2955, E~ibit"A" M~6,1998 Pagel2fc/a~ree/mjr-~inat] 9805 t06 4 For TLC Property not yet annexed, and therefore under Pierce County jurisdiction, development applications shall be submitted to Pierce County. However, TLC agrees to simultaneously submit all such applications, except single- family building and grading permits, to the CITY. Except as provided in paragraph 2 of this Agreement, TLC agrees to comply with all applicable CITY standards and land use polices and procedures as determined by City Planning Director. Failure to comply with the provisions of this paragraph shall be determined a "Default" of this Agreement. To assure such compliance, TLC agrees to pay to CITY liquidated damages in the amount of $1,000 per day for each day that development is in Default. Notwithstanding any other provision of this Agreement, the liquidated damages shall not begin to accrue if the Default is cured within thirty (30) days from the date that the CITY mails or delivers written notice of the Default to The Lakeland Company, PO Box 3866, Bellevue, Washington 98009 If any Default is capable of being cured and the cure cannot be reasonable completed within the thirty (30) day cure period, the cure period shall be extended up to ninety (90) days so Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 13 [c/agree/mjr-final] 9S05ZtOG2 long as TLC has commenced action to cure within the thirty (30) day cure period and is proceeding to cure the Default with due diligence. The decision of the CITY Planning Director may be appealed to the CITY Hearing Examiner within thirty (30) days from the date written decision. The day of filing of the appeal to the Hearing Examiner shall stay accrual of the liquidated damages. The stay of damages shall be released on the effective date of the Hearing Examiner's written decision. If the Hearing Examiner's decision is appealed, pursuant to paragraph 5.3 of the PRE-ANNEXATION/UTILITIES AGREEMENT, accrual of liquidated damages shall be stayed again until a written decision is issued by the mediator/arbitrator pursuant to provisions of Section 5.3 of the PRE-ANNEXATION/UTILITIES AGREEMENT. However, in no event shall any stay following appeal of the Hearing Examiner's decision exceed ninety (90) days. Those permit applications filed with Pierce County which are considered complete and approved by Pierce County before annexation shall be built in compliance with the conditions placed upon it by Pierce County and pursuant to the conditions of this Agreement. Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 14 [c/agree/mjr-finat] 98052X0624 10. RELEASES: The parties to this Agreement hereby release, discharge, resolve and settle any and all claims arising from events which pre-date the execution of this Agreement including their officials, employees, staff, consultants, shareholders, owners, attorneys, and including attorney fees and costs, including but not limited to claims involving providing of water or other utilities and any claims that TLC may claim to have under the Crabtree Agreement. This Agreement is not intended to waive or release any claims or address any disputes or potential disputes that TLC may have with the City of Bonney Lake. TRANSPORTATION: Paragraph 4.3 of the PRE-ANNEXATION/UTILITIES AGREEMENT is replaced in its entirety by the following: TLC agrees to pay the CITY at the time a building permit is issued by either CITY or Pierce County, the following: (1) $839.57 per detached single-family residential unit, (2) $544.94 per attached single-family or multifamily unit, (3) $187.26 per residence for residential units within the senior housing zone, and L~el~d-Reso~ionNo. 2955, E~it"A" M~6,1998 P~el5rc/agre~mjr-finat] 9805Zt, O6g4 (4) $2.18 per gross foot of commercial or retail structures. For building permits which are issued by Pierce County prior to execution of this Agreement, TLC shall pay the above amounts for such permits within 30 days of execution of this Agreement. The fee amounts described above shall be adjusted to reflect the increase in the Consumer Price Index for the Seattle-Metropolitan area beginning as the base year January 1, 2000 and on January 1st each year thereafter the percentage difference of each year shall equal the adjustment Payment of these fees shall constitute complete satisfaction of any transportation mitigation and concurrency requirements for the development of the TLC Property. TLC agrees that all streets shall be constructed consistent with CITY standards including design criteria, construction specifications, operational criteria, and approved engineering submittals, except that the CITY may agree to modify the standards for private streets. The parties acknowledge that there is a transportation cap which will allow a generation of up to L~el~d-Resol~ionNo. 2955, Exhibit"A" M~ 6,1998 P~el6[c/agree/mjr-f~nat] 980511106,?.4 800 pm peak hour trips for TLC development and that the development of TLC property subject to this Agreement cannot exceed that capacity cap until the extension of Lakeland Hills Way to the Lake Tapps Parkway and the construction of TLC's portion of the Lake Tapps Parkway East connection 8th Street East as required in the TLC/Pierce County transportation mitigation agreement. The Lake Tapps Parkway East project is identified as Lake Tapps Parkway East (WEST), MAP ID No. 166, in the 1998-2003 Transportation Improvement Program for Pierce County. Upon completion of The Lake Tapps Parkway East connection to 8th Street East as described in the TLC/Pierce County transportation mitigation agreement, the transportation cap shall expire. The calculation of peak hour trips shall be determined at building permit approval. The CITY shall consider the 800 pm peak hour trips to be present in the transportation system in its review of development applications for property not included in Exhibits 1 and 2. 12. STORM WATER: Paragraph 4.4(a) of the PRE-ANNEXATION/UTILITIES AGREEMENT is amended as follows: The CITY agrees to receive the storm water from the L~el~Reso~ionNo. 2955, Exh~it"A" M~6,1998 P~el7[c/agree/mjr-finat] DSOSZlO6g4 Lakeland property described herein subject to the construction and dedication of necessary infrastructure which meets CITY standards including design criteria, construction specifications, operational criteria, and approved engineering submittals upon the effective date of annexation under the same terms and conditions as storm water is received from other developments within the CITY, including payment of any charges required by the CITY's utility ordinances provided, the water received from properties in TLC property not yet annexed shall be of the same quality and flow rate as from the property prior to development, shall not exceed the capacity of the CITY's existing storm drainage system, and shall be subject to the same charges as any other property in the CITY for storm water. The CITY and TLC acknowledge that substantial mater storm drainage planning has been completed for TLC properties in the form of the Comprehensive Drainage Plan Lakeland Hills Development Area, prepared by CH2Mhill Engineers, dated March 1991 and the Lakeland Hills South Development Area Conceptual Storm Drainage Plan, prepared by Stephen/Dowl Engineers, dated March 1995. Both parties also acknowledge that supplemental drainage basin information L~el~d-Resolu~onNo. 2955, E~ibit"A" M~6,1998 P~el8[c/agree/mjr-finat] 98052X0C 4 will need to be developed by TLC to address changed conditions such as the Lake Tapps Parkway, certain differences between CITY and County standards, and impacts associated with grading activities. In addition, the parties agree that TLC will need to continue to develop more precise drainage subbasin planning information to insure the adequacy and timely staging of necessary storm drainage facilities associated with specific development proposals. 13. SANITARY SEWER: Paragraph 4.4(b) "SEWER", PRE-ANNEXATION/UTILITIES AGREEMENT is replaced in its entirety as follows: The CITY shall allow the TLC Property to connect to the CITY's sanitary sewer utility under the same terms and conditions as if the property were within the CITY limits subject to obtaining expanded service area boundaries and all other terms of this Agreement, including, but not limited to, Section 3. The CITY shall apply to Pierce County for any franchise that would be required for the property not yet annexed with the understanding that applying for the franchise and any subsequent Pierce County approval does not waive any conditions set forth herein for the provision of sanitary sewer service. For the orderly development of its property TLC' t~el~d-Resolmion No. 2955, E~ibit "A" M~ 6, 1998 Page 19 [c/agree/mjr-finatl 9805Z106,24 will need sanitary sewer from the CITY prior to CITY's annexation of the subject property. TLC agrees to construct all sanitary sewer in accordance with CITY standards including design criteria, construction specifications, operational criteria and approved engineering submittals, and the CITY agrees, upon verification, of TLC's compliance with its standards to connect to the CITY system the TLC system for sanitary sewer upon payment of all charges set forth in Auburn City Code. The CITY and TLC acknowledge that substantial master sanitary sewer planning has been completed for TLC properties in the form of the Comprehensive Sanitary Sewer Study Lakeland Hills Development Area, prepared by Dowl Engineers, dated March 1991. Both parties also acknowledge that supplemental sanitary sewer information will need to be developed by TLC to address changed conditions such as density changes and impacts associated with grading activities. In addition, the parties agrees that TLC will need to continue to develop more precise sanitary sewer subbasin planning information to insure the adequacy and timely staging of necessary storm drainage facilities associated with specific development proposals. Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 20 [c/agree/rnjr-finaL] 9805310634 14. WATER: Paragraph 4.4(c) is amended as follows: The parties acknowledge that pursuant to the Settlement Agreement with the City of Bonney Lake, the City of Bonney Lake is the water purveyor for portions of the TLC Property as set forth in the Settlement Agreement. In the event the CITY determines that the City of Bonney Lake water system fails to provide adequate fire flow pursuant to Title 15 of the Auburn City Code the CITY agrees to work in good faith with the City of Bonney Lake in an attempt to help achieve a system which meets the CITY requirements for the provision of urban water services. Immediately upon legal segregation of the relevant parcels, TLC shall convey title to the CITY of the following: the water wells commonly known as 5b and 5c, the water rights it owns or controls on such wells, and the property depicted on the easements which were granted to the CITY as indicated in Exhibit 3. The CITY and TLC agree that the use of the real property described in Exhibit 3 shall be subject to the restrictions indicated in Exhibit 4. As consideration for TLC's conveyance of the water wells and the real property described in Exhibit 3, the CITY agrees to pay TLC the appraised value for the land and a L~el~d-ResolutionNo. 2955, E~it"A" M~ 6,1998 P~e21 [c/a~re~mjr-fina[] 9805ZlO6g4 mutually agreeable fair market value for the wells up to a maximum of $370,000, adjusted at 10% per annum until closing of the conveyance. TLC agrees to convey the subject property free and clear of all liens and encumbrances and provide the CITY with a policy of title insurance in the value of the purchase price insuring the property free and clear of all liens and encumbrances and agrees to provide a Statutory Warranty Deed. 16. FIRE: The parties acknowledge that the property subject to this Agreement which is not yet annexed may not be provided fire service directly by the CITY. TLC shall arrange for fire service coverage through Fire District 22 and any agreement between TLC and Fire District 22 shall contain provisions which allow termination upon annexation by the CITY, so that the property may be served by the CITY if the CITY chooses to provide fire services directly rather than by contract. Upon forty-five (45) days written notice from the City of its intent to provide fire service directly or by contract with another service provider, TLC agrees to provide Fire District 22 thirty (30) days written notice of termination. For all building permits issued subsequent to the forty-five (45) day notice period, TLC agrees to pay L~el~d-ResolutionNo. 2955, Exhibit"A" M~ 6,1998 P~e22 [c/a~ree/mjr-finat] 9805310624 mitigation fees to the CITY at the time of building permit issuance for developments within the annexed property, in the amounts indicated below: 1. $419.78 per detached single-family residential unit. 2. $272.47 per attached single or multi-family residential unit. 3.$93.63 per residential unit within the Senior Housing Zone. 4. $1.09 per gross foot of commercial or retail structures. The above amounts shall be adjusted to reflect the increase in the Consumer Price Index for the Seattle-Metropolitan area beginning as the base year January 1, 2000 and on January 1st of each year thereafter the percentage difference shall equal the adjustment. Payment of these fees shall constitute complete satisfaction of any fire service mitigation and concurrency requirements by CITY for the property described herein. 17. PENDING APPLICATIONS IN PIERCE COUNTY: The development applications indicated on Exhibit 5, attached hereto and incorporated by reference, were submitted to Pierce County by TLC prior to annexation. The CITY agrees to allow TLC to process the applications indicated on Exhibit 5 through Pierce County's development L~el~ResolmionNo. 2955, E~ibk"A" M~ 6,1998 Page23 [c/agree/mjr-finat] 9805210624 review process to issuance of a final decision, even if the subject property is annexed to the CITY prior to completion of the Pierce County review process. CITY OF AUBURN CHARLES MAYOR ATTEST: Danlelle E.'~ Daskam, City Clerk City Attorney Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 24 [c/agree/mjr-finat] 9805310624 THE LAKELAND COMPANY, INC. By: ~~ STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this /~/C day of ~n~an , 1998, before me, the undersigned, a Notary Publi ~ for the State of Washington, duly commissioned and sworn, personally appeared the corporation that executed the within and 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 he/she is authorized to execute said instrument on behalf of said corporation. GIVEN ~DER my hand and official seal the date here ""i~, O~ ~,~' MY COMMISSION expires: 5- {y-~O 0 Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 25 [c/agree/rain-final] 9805210624 STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this //~C day of ~ , 1998, before me, the undersigned, a Notary Public Yand for the State of Washington, personally appeared CHARLES A. BOOTH and DANIELLE E. DASKAM, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF AUBURN, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes mentioned in the instrument. GIVEN UNDER my hand and official seal the date hereinabove set forth. Lakeland-Resolution No. 2955, Exhibit "A" May 6, 1998 Page 26 [c/agree/rnjr-finat] 9805210624