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HomeMy WebLinkAbout3081 RESOLUTION NO. 3 0 8 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY OF AUBURN AND SCHNEIDER HOMES. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Payback Agreement Developer's Extension between the City and Schneider Homes. A copy of said Agreement is attached hereto and denominated as Exhibit "1" 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 directions of this legislation. Resolution No. 3081 04/28/99 Page 1 DATED and SIGNED this 17th day of May, 1999. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3081 04/28/99 Page 2 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. PAYBACK AGREEMENT #73 DEVELOPER'S EXTENSION FAC0005-95 Reference # (if applicable): Additional on page: Grantor/Borrower: 1) Schneider Homes 2) (Plat of Eagle Run) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE 08-21-05 Additional on page: ? Assessor's Tax Parcel ID#: ,~,~ ~x/Z) This Agreement made and entered into this/,~"~ day of (")~(F.~ ,19~.2., by and between the City of Auburn, a municipal corporation of King County, Washington, hereafter called the CITY and Schneider Homes, whose address is 6510 Southcenter Boulevard, Tukwila, WA 98188, hereafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No,- '~ ~ r / adopted by the City Council of the CITY on the / ;;;/-'~ day of Payback Agreement for Schneider Homes - Eagle Run Developers Extension FAC0005-95 Page 1 of 11 ~ , ,. 1999e712008838 ~ ~' " " '; ~i: PIIGE eet OF et2 ' OTIt2/tgg9 ze: z4 . t' ~ 't. ' KZNG COUNTY, CZTY OF i:tUBURN I:IG zo,ee /~,4/ ,19 ~'~', approved the execution of this Payback Agreement with the DEVELOPER .above and referring to 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 facilities, attached hereto, as part of the utility systems of the CITY; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DFVELOPER The above-described DEVELOPER is the record OWNER of real property legally described as shown on Exhibit B submitted by the DEVELOPER and attached hereto. The real property described is also known as the Plat of Eagle Run, King County, Washington. Map showing said property is attached hereto as Exhibit C. II. FACII ITIF:S The facilities which have been constructed by the DEVELOPER herein are as shown in the attached Bill of Sale labeled Exhibit A, incorporated herein by this reference, and processed as Developer Public Facility Extension, Extension herein referenced as FAC0005-95, 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. AREA OF FACIIITY SFRVICF BENF=FIT The propedies benefited by the facilities constructed by the DEVELOPER are shown on Exhibits C and D, which are by this reference incorporated herein as if fully set forth herein. Any owner of real estate legally described within the benefit boundary as shown on the attached Exhibits C and D, shall pay as a condition for connecting to the facilities, an amount as identified in Section V. All property within the benefit boundary shall be subject to the connection fee as provided in this agreement as a condition of issuance of the connection permit by the CITY. Payback Agreement for Schneider Homes - Eagle Run Developer's Extension FAC0005-95 Page 2 of 11 I I t 999e7 t zeeee e II pf~GE ee2 OF 9t2 · 87/I2/t999 tO: 14 KING C;0UNT¥, 14R CITY OF' RUBURN RG 19.ee For a period of 15 years from date of recording of this Agreement in the office of the County Auditor of the County in which the real estate is located, any owner (latecomer) of real estate legally described in Section III, and which owner has not fully contributed their pro rata share to the original cost of the above-described facility, shall pay to the CITY the amounts shown in Exhibit D attached hereto. The charge herein represents the fair pro rata share of the cost of construction of said facilities payable by properties owned by latecomer parcels shown in Exhibits C and D. Payment of the latecomers pro rata share is a condition of issuance of the connection permit by the CITY. The CITY shall reimburse the DEVELOPER at six (6) month intervals any such amounts collected. Upon the expiration of the 15-year term of this Agreement, any moneys collected by the CITY will not be reimbursed to the DEVELOPER, and further credits against system development charges shall not be granted. V. AMOUNT OF REIMBURSFMF:NT Water facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owners as specified in Section III of this Agreement, represents a fair pro rata share reimbursement for the DEVELOPER'S construction of the facilities described in Section II of this Agreement. The amounts per parcel are as shown in Exhibit D attached hereto, and totaling to not more than $7,408.80 in full amount. VI. EFFFCT OF AGRF:FMFNT The provisions of this Agreement shall not be effective as to any owner of real estate not a party hereto unless this Agreement has been recorded in the office of the County Auditor of the County in which the real estate is located prior to the time such owner receives a permit to tap into or connect to said facilities. If for any reason, the CITY fails to secure a latecomer payment for Owner's fair pro rata share of the cost of the facilities, before connection to the extension, the CITY is not liable for payment to the DEVELOPER. The entire responsibility for notices, recordation and completion of this Agreement is upon the DEVELOPER, who agrees to do all and to hold the CITY harmless. Payback Agreement for Schneider Homes - Eagle Run Developers Extension FAC0005-95 Page 3 of 11 IN 1999871 P~ 863 OF 012 87/12/1999 lO: VII. OWNFRSHIP 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 FAC0005-95. VIII. UNAUTHORITFD CONNFCTION Whenever any connection is made into the facilities described in Exhibit A under this Agreement which is not authorized by the CITY, the CITY shall have the absolute authority to remove or cause to be removed such unauthorized connections and all connecting lines or pipes located in the facility's right-of-way. The CITY shall incur no liability for any damage to any person or property resulting from removal of the unauthorized connection. IX. CURRENT ADDRFSS & TEl FPHONF NUMBFR The DEVELOPER shall keep a current record of his/her address and telephone number on file with the City Engineer of the CITY, and shall within 30 days of any change of said address and/or telephone number, notify the City Engineer of the CITY in writing. If the DEVELOPER fails to do so, the parties agree that the CITY may authorize connections resulting therefrom and not incur any liability for the non-collection and/or non-reimbursement of charges to the DEVELOPER under this Agreement. X. COVENANT RUNNING WITH THE LAND This Agreement shall be binding on the DEVELOPER, its successors, heirs and assigns and shall so be binding on the legal owners of all properties described within the benefit boundary of the area as shown in the attached Exhibits C and D, their successors, heirs and assigns. The. CITY shall make the actual recording and provide the DEVELOPER with confirmation thereof, but such recordation shall only be made after expiration of review period specified in Section V. Payback Agreement for Schneider Homes - Eagle Run Developer's Extension FAC0005-95 Page 4 of 11 IIJIl PRGE 884 OF 812 87/12/1999 le: 14 CITY OF i~UDLIRN RG Is.eel KING COUNTy, XI. HOLD HARMLESS 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 DEVELOPER actions, misconduct or breach of contract, 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. XII. CONSTITUTIONALITY 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. Payback Agreement for Schneider Homes - Eagle Run Developers Extension FAC0005-95 Page 5 of 11 ~ I 19998712000638 PAGE 885 OF 812 87/12/1999 le** 14 K l NG COUNTY, MA CITY OF AU)URN GIG 19,ee CITY OF AUBURN M ATTEST: City ~:lerk ' R~V A~S,~FORM: 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 ; i ~ --*-- i ~ Notary Public in and for the State of Washington . Payback Agreement for Schneider HOmes - Eagle Run Developer's Extension FAC0005-95 Page 6 .of 11 . I I 19998? 12888638 P~E 886 OF 012 87/12/1999 10:14 KZNG COUNTY, fR CITY OF RUItURN RG 19,ee DEVELOPER: : ~"'~' - ' / ' BY: ~T .~'p~~'//'Alfredson, P.E. L TITLE: ~--:c~r ot uevelopment SCh,,eider Homes, Inc. STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowle free and volunta~ act of such pa~ for the uses and purposes mentioned in this , ~' .'= :~.~ /""' , . .... ---'~ .,~ ~,>- ~~, ~ ' ~ '~ ~ ~ ~ ~'~ ~ ~ Nota~ Public i a d for the State of Washington ~f % FUa~I~ /.~ ~ residing ~~ ~ii~::',~- ~ 5 -~ -"'-';Z-C:'~ My appointment expires ~/~/ DH/bd REF. H:\FAC\FAC05516\E99-423 Payback Agreement for Schneider Homes - Eagle Run Developers Extension FAC0005-95 Page 7 of 11 R II I 19990712000658 PAGE 00? OF 812 87/12/1999 10:14 KING COUNTY, HA CITY OF AUBURN AG 19.ee Exhibit A CtTY OF AUBURN I ~[~,r, Or"eAr.g 25 West Main (CORPORATE:) ' KNOW ALL MEN BY THESE FRESENTS that for and In consideration of the sum or ONE OOL~ ($1.00) and other good and sufficient consideration, receipt vhereof Is hereby acknowledged, the undersigned Grantor(s) do by these presents heceby ¢onvey~ setove~ assign~ tcan$fer an~ ~actant to the City of Auburn, King County, ~ashlngton, a ~ICI~AL CO~O~TIOH, the following publlc fmprovements '~70 ~ ~ a~/~C Si=ua=ed wi=hin ~e following described real properUy: . LOT 6. 8LOCK ~, C.O. HEL~AN'S AUBURNDALE ADOI~ON TO ~ ~ OF SEATS, DIllON No ~, ACCOrDiNG TO ~E P~T ~[REO[ RECORDED IN VOLUME 13 OF P~TS, PAGE 62, IN KING COUNt, WASH~NGT~. and ~he sa~d Grantor(s) hereby ~arran~ ~ha~ ~[ ~are the sole all ~he proper~y a~ve conveye~; ~ha= ~ey h~full. Fower ~o convey ~he same and tha~ ~ey will ~efena ~e ~=le of ~e sa~d Gran=ee aga~ns~ any and all persons lawfully making claim IN WITNESS ~REOF ~he Utah=or(s) have executed these presents th~s ~ { H.C. BL~ ~ = GER F O~L~s en ~ 0 ~ : ~ t: AND ~NSTR~ co~tssioned and svorn, personally appeared ~ to ~ ~e ~ , to me respectively, of f~~ ~Jt~, the corporation ~at executed ~e foregoing ~nstr~ent, and a~ovledged the said instraent to be the free and voluntary act and aeed of sa~d co~oration, for the uses and pu~ose~ therein mentionode and on oath stated that ~/~ authorized to exe~te the sai~ ~nstr~ent and that the seal affixed is the corporate seal of said corporation. Witness my hand and official '~eal hereto affixed ~e day and year f~rst a~ve ~itten. ] -' - Payback Agreement for Schneider Homes - Eagle Run Developer's Extension FAC0005-95 Page 8 of I 1 ~ ~ I 199907130006;~8 P~GE 968 OF 07/12/1999 18:14 KING COUNTY, 14A CITY OF AUBURN AG 19.88 Exhibit B LOT 6, BLOCK 1, C.D. HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 62, IN KING COUNTY, WASHINGTON. Payback Agreement for Schneider Homes - Eagle Run Developers Extension FAC0005-95 Page 9 of 11 J' ~ ~ 9998? ! 2eees e ; PRGE 889 OF 812 P' "' 87/12/1999 10:14 CITY OIr RUBURN RG 19.68 KXNG COUNTy,, Exhibit C See attached map labeled Exhibit C. Payback Agreement for Schneider Homes - Eagle Run Developer's Extension FAC0005-95 Page 10 of 11 199987128806~8 ~, P~Gr 018 0F 81.2 07/12/1999 10:14 KZNG COUNTY, 14~ CZTY OF ~UgURH ~G 19.86