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Home My WebLink About30091 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 3 0 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AUBURN PARTICIPATION AGREEMENT FOR DEVELOPER'S EXTENSION OF SEWER FACILITIES WITH THE DANNER CORPORATION FOR OFF-SITE OVERSIZING OF SEWER MAIN ASSOCIATED WITH PROJECT NO. FAC003- 98. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Auburn Participation Agreement for Developer's Extension of Sewer Facilities with THE DANNER CORPOR.ATION for off-site oversizing of sewer main associated with Project No. FAC003-98, for the purpose of sharing the cost of construction of the sewer facilities. A copy of said Agreement is attached hereto, designated as Exhibit "A" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3009 September 29, 1998 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED and SIGNED this Z9TH day of October, 1998. CITY OF AUBURN s~ CHARLES A. BOOTH MAYOR ATTEST: L44~~( Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reyno City Attorney Resolution No. 3009 September 29, 1998 Page 2 AUBURN PARTICIPATION AGREEMENT for DEVELOPER'S EXTENSION OF SEWER FACILITIES THE DANNER CORPORATION (OFF-SITE OVERSIZING OF SEWERMAIN ASSOCIATED WITH FAC0003-98) This Agreement made and entered into this day of , 1998, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter called the CITY and The Danner Corporation whose address is 307 Oravetz Place SE, Auburn, WA 98002, hereinafter referred to as DEVELOPER. In consideration of the conditions and covenants herein, the parties agree as follows: I. DEVELOPER The above-described DEVELOPER is developing the real property legally described as shown on Exhibit A attached hereto and incorporated herein by this reference. The real property described is located at 307 Oravatez Place SE and is also known as The Danner Corporation, King County Tax Parcel 132104-9048. A Vicinity Map showing the location of said property is shown on the attached Exhibit B and incorporated herein by this reference. II. SANITARY SEWER FACILITIES The off-site, public, sanitary sewer facilities which will be designed, engineered and constructed by the DEVELOPER as shown in the attached Exhibit B, and processed as a Developer Public Facility Extension, incorporated herein by this reference as FAC0003-98, originals on file at the office of the City Engineer. The sanitary sewer facilities will be constructed in accordance with all codes, ordinances and conditions of the CITY governing the construction specifications for sanitary sewer facilities. The City Engineer must establish approval of the engineered sanitary sewer design and subsequently the completed on-site and off- site portions of the sanitary sewer facility. III. AMOLTNT OF REIMBURSEMENT Sanitary Sewer facilities: The DEVELOPER, his successors, heirs and assigns, agree 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 of CITY participation for the DEVELOPER'S construction of the sanitary sewer facilities described in Section II of this Agreement. Any DEVELOPER proceeding to perform work, which is potentially eligible for CITY participation, prior to the execution of this Agreement proceeds at his/her own risk. Exhihit "A", Resolution No. 3009 Participarion Agreement for The Danner Corporation September 1998 Page 1 of 7 The DEVELOPER and the CITY agree to participate in the design, engineering, and construction of approximately 220 linear feet of 15" sanitary sewer line on Oravetz Place SE. The Developer shall perform the design, engineering and construction services for the 220 linear feet of sanitary sewer line at the DEVELOPER'S expense. The CITY shall reimburse oversizing costs to the DEVELOPER. The cost of that portion of the project to be reimbursed by the City shall be determined from actual accounting records of the DEVELOPER, and shall clearly indicate the incremental cost to the DEVELOPER for the City's share of the work. In no case shall the cost of the City's portion of the project exceed current DEVELOPER'S estimate of $1,600.00. The DEVELOPER shall provide to the CITY said accounting records. Upon completion of the project and acceptance by the CITY, (Bill of Sale, One Year Maintenance Bond, etc...). The DEVELOPER shall submit to the CITY, when requesting payment, the Engineering and Construction Contracts, the Engineering and Construction Invoices and any other proof of expenditure related to the design and construction of the oversized sanitary sewer facility. It is understood by both parties that interest is not an allowable project cost, therefore cannot be reimbursed. The DEVELOPER shall receive reimbursement for the allowable project cost for the sanitary sewer facilities within sixty (60) days of submittal, based on a final estimate, as determined by the City Engineer. The DEVELOPER shall receive reimbursement in the form of credit to the developer's System Development Charges or in the form of direct financial participation. The form of reimbursement shall be at the CITY' S sole discretion. IV. OWNERSHIP OF FACILITY The DEVELOPER will construct the facilities described in Section II of this Agreement; said facilities will have to be accepted by the CITY as conforming to CITY standards. Ownership of the facilities, shall be transferred to the CITY. Once this is completed the facilities shall become a part of the municipal sanitary sewer system of the CITY. All Maintenance and operation costs of said facility shall be borne by the CITY, except as noted otherwise in FAC0003-98. V. HOLD HARMLESS The DEVELOPER shall indemnify, defend, and hold harmless the CITY and the CITY'S officials and agents from all claims, injuries, damages, losses, or suits of any nature whatsoever, and costs of defense, arising out of this agreement, as a result of actions, misconduct or breach of contract by The Danner Corporation, 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. Participarion Agreement for The Danner Corporarion September 1998 Page 2 of 6 VI, rONSTITUTIONALITY 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. VII. PROJECT CONTACTS Any changes to these contacts must be made in writing. DEVELOPER - Primary: Phone: Address: DEVELOPER Secondary: Phone: Address: CITY - Primary: Herb Moss, Development Engineer Phone: 253-804-5073 Address: 25 West Main, Auburn, WA 98001-4998 CITY - Secondary: Jeff Roscoe, Sanitary Sewer Engineer Phone: 253-931-4008 Address: 25 West Main, Auburn, WA 98001-4998 CITY OF AUBURN Date Charles A. Booth; Mayor, City of Auburn Date Danielle E. Daskam, City Clerk Participation Agreement for The Danner Corporation September 1998 Page 3 of 7 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 Print Name: Notary Public in and for the State of Washington residing at My appointment expires DEVELOPER: Danner Corporation Signature Date Print Name Title Sienature Date Print Name Title STATE OF WASHINGTON ) )ss. County of King ) I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Print Name Notary Public in and for the State of Washington residing at My appointment expires Participation Agreement for The Danner Corporation September 1998 Page 4 of 6 EXHIBIT A Legal Description W 500 FT OF SD LOT 14 LESS POR LY N OF FOLG DESC LN - BEG AT N 1/4 COR OF SD SEC 31 TH S 89-49-20 W ALG N LN OF SD SEC 127.71 FT TH S 41-20-16 W 1436.51 FT TH S 44-01-28 W 215.03 FT TH S 16-10-48 W 151.59 FT TH S 46-28-52 W 115.24 FT TH S 26- 27-43 W 246.55 FT TH S 63-21-45- W 695 FT M/L TO E BNDRY OF W 500 FT OF SD LOT 14 & TPOB TH SWLY ALG S BANK OF STUCK RIVER TAP ON W LN OF SD SEC 31 A DIST OF 359 N OR W'/4 COR THOF & TERMINUS OF SD LN DESC. Participation Agreement for The Danner Corporation September 1998 Page 5 of 7 EXHIBIT B See attached sanitary sewer plans labeled Exhibit `B' Portion of FAC 0003-98 Sanitary Sewer Main Extension for Danner Corporation DH/bd Attachments REF. 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