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