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Home My WebLink About3092 RESOLUTION NO. 3 0 9 2 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 GENERCO, INC. 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 PaybackAgreement Developer's Extension between the City and Generco, Inc. 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. 3092 05/24/99 Page 1 DATED and SIGNED this 21st day of June, 1999. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Din~~elle E. Daskam, City Clerk qORM: Michael J. Reynolds, City Attorney Resolution No. 3092 05/24/99 Page 2 City of Aubum ,~ City Clerk 25 West Main Auburn, WA 98001 [l r ~ lggglO15001297 P~GE eez oF ee9 le/15/1999 13:53 KZNG COUNTY, MI:I PRCZFZC N~ T:T ~G ~s.ee (, 1i32 Above this line reserved for recording information. SANITARY SEWER PAYBACK AGREEMENT DEVELOPER'S FACILITY EXTENSION - FAC0023-96 Reference # (if applicable): Developer: 1 ) GEONERCO, Inc. Summerfield Estates George Neffnet HI Grantee/Assignee/Beneficiary: City of Auburn Legal Deseription/STR: SW¼ Sect 09-T21N-R05E Assessor's Tax Parcel ID#s: 092105-9065 and 9017 As Noted On: Exhibit "B" This Agreement made and entered into this ~/~ rpdo~ayt?of~o , 19??, by and between the City of Auburn, a municipal co unty, Washington, hereafter called the CITY and GEONERCO, INC., hereafter referred to as DEVELOPER, whose address is 1010 South 336th Street, Suite 305, Federal Way, Washington 98003. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No., qO~,,L adopted by the City Council of the CITY on the ,.,~}fi~r day of '~~LLGP ,1999, approved the execution of this Payback Agreement with the ER above and referring to facilities described herein; and WHEREAS, th~ DEVELOPER has offered and the CITY has agreed to~ accept a S~id dy.:,.:,'n,;:Zn:{s.; ;';~re dad Bill of Sale for the sanitary sewer facilities; re~rd b'./:" :::5~:; ~!srLln':'~es~ !itle e~ Exhibit "1" ReSolution 3092 ~a:;..!:,',':,~:::~: -L-; .-z. 52:::k~;'75 ,-..x.~Gutlon or. Sanitary Sewer Payback Agreement ~' ": '"" ' ~::' :': ~' ~': ' :h-,., April 28, 1999 Harbor Homes/GEONERCO, Inc. - Summerfield Estates Page i of 9 (The Meadows at Lea Hill - FAC 0023-96) NOW TH~EKEFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The DEVELOPER has developed the real property legally described as: PLAT OF SUMMERFIELD ESTATES.AS RECORDED IN VOLUME 183 OF PLATS, PAGE 48, IN KING COUNTY, WASHINGTON The real property described is also known as the Plat of Summerfield Estates, King County, Washington, located at the northwest comer of SE 320 Street and 116t" Ave. SE (SE¼ Section 8 Township 21 N Range 5 E). Map showing said property is attached hereto as Exhibit A. II. FACILITIES The sanitary sewer facilities which have been constructed by the DEVELOPER herein are as shown on the attached Exhibit A, and processed as a Developer's Public Facility Extension, hereinafter referenced as FAC0023-96, incorporated herein by this reference, 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 goveming the construction specifications for facilities of such type, and have been approved by the City Engineer. III. AREA OF FACII ,ITY SERVICE BENEFIT The properties that may potentially benefit by the facilities constructed by the DEVELOPER are shown on Exhibit A and on Exhibit B, which are by this reference incorporated, as if fully set forth herein. Any owner of real estate legally described within' the benefit boundary as shown on the attached Exhibit A or as noted on Exhibit B, shall pay as a condition for connecting to the facilities constructed by the developer, an mount as identified in Section V. The amount shall be noted as the pay back amount for benefits received. All property within the benefit boundary shall be subject to the pay back fee, as provided in this agreement. IV. TERM For a period of fifteen (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 facility as noted in Exhibit A, shall pay to the CITY the corresponding amounts shown in Exhibit B 'for their property. The charge herein represents the fair/pro rata share of the cost of construction of said facilities payable by properties owned by latecomer parcels sh6wn in Exhibit A and Exhibit B. Payment of the latecomers pro rata share is a condition of issuance of the connection permit by the CITY. Sanitary Sewer Payback Agreement April 28, 1999 Harbor Homes/GEONERCO, Inc. - Summerfield Estates Page 2 of 9 (The Meadows at Lea Hill - FAC 0023-96) '19991815001297 PAGE 002 OF 009 18/15/1999 13:53 PACIFIC NIl TI+ AG 16.88 KING COUNTY, WA The CITY shall reimburse the DEVELOPER at six (6) month intervals for an~, such amounts collected. Upon the expiration of the fifteen (15) year term of this Agreement, any moneys collected by the CITY will not be reimbursed to the DEVELOPER. V. AMOUNT OF REIMBURSEMENT Sanitary Sewer Facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the property owners of Tax Lot #'s 092105-9017 and 092105-9065 as noted on Exhibit B of this Agreement, represents a fair/pro rata share reimbursement for the DEVELOPER'S construction of the sanitary sewer facilities described in Section II of this Agreement. The amounts per. parcel are separately itemized as shown in Exhibit B attached hereto, and totaling to not more than six thousand, one hundred fifty-six dollars and forty-eight cents ($ 6,156.48) in full amount. The CITY shall establish the ownership of the assessed properties from the office of the County Auditor of the County in which the real estate is located. The CITY shall mail to the assessed property owners, a notification of the allocated costs to be levied against their property. The property owner shall have twenty-one (21) days from the mailing of said notice, to review the costs with the City Engineer. The property owner may dispute the costs and request an adjustment to the charge. The City Engineer shall evaluate the concerns of the property owners and make a final decision on the allocated' costs prior to approval by the CITY Council. If the City Engineer, upon requested review by a property owner, does find cause for adjustment in the allocation of the charge to the benefited property(s), such adjustment will be made and the DEVELOPER will be notified of the adjusted amount(s) prior to recordation. The resulting adjusted Exhibits A and B shall govem reimbursement amounts to be received by the DEVELOPER. Assessed property shall pay, as a condition for directly connecting to the facilities constructed by the developer, an amount as identified in Exhibit B as the allocated share of the utility extension. VI. EFFECT OF AGREEMENT 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 owners receive a permit to connect to said facilities. If for any reason, the CITY fails to secure a latecomer payment for a property 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. Sanitary Sewer Payback Agreement April 28, 1999 Harbor Homes/GEONERCO, Inc. - Summerfield Estates Page 3 of 9 (The Meadows at Lea Hill - FAC 0023-96) I' 19991015001~.97 PAGI~ 00:I OF 009 10/15/1999 1~: 5~ KI~IG COU~ITY~ PACIFIC 1~14 TIT A~ 16.00 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. VII. OWNERSHIP OF FACILITY The DEVELOPER has constructed the facilities described in Section II of this Agreement, said facilities have been accepted by the CITY as satisfactory. The DEVELOPER has completed FAC0023-96. A Bill of Sale has been granted to the CITY for the sanitary sewer facility. 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 FAC0023-96. VIII. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities as shown on Exhibit A 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. CURRF, NT ADDRF. SS & TELEPHONE NUMBER 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 Aubum's City Engineer 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 th~"DEVEiLOPER, 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 Exhibit A and Exhibit B, their successors, heirs and assigns. :' The DEVELOPER shall make the 'actual recording and provide the CITY wi~ confmnation thereof, but such recordation shall only be made after 'expiration of review period specified in Section V. Sanitary Sewer Payback Agreement April 28, 1999 Harbor Homes/GEONERCO, Inc. - Summerfield Estates Page 4 of 9 (The Meadows at Lea Hill - FAG 0023-96) '[ 19991015001 PAGE 004 OF 809 10/15/1999 13:53 I I KING COUNTY, WA PACIFIC NW TIT AG 16.00 XI. HOLD HARMLESS The DEVELOPER will indemnify and save the CITY and the CITY'S officials and agents harmless fi'om all claitus 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. XI. 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. CITY OF' AUBURN Charles A. Booth, Mayor Date ATTEST: Danielle E. Daskam, City Clerk · .......... · ,_,,.'.; Michael J. Reynolds, City Attorney Sanitary Sewer Payback Agreement April 28, 1999 Harbor Homes/GEONERCO, Inc. - Summerfield Estates Page 5 of 9 (The Meadows at Lea Hill - FAC 0023-96) I"~ ' ' 19991e15001~97 P,~c~ ee~ or 009 DEVELOPER: , Summerfield Estates (The Meadows at Lea Hill) 4/` Oa,e,Y'13-ctq PrintNa Y~ m~KO nO Title Signature Date Print Name Title STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On th~s,~/ day of 3't, tne.- , 19f.9, before me undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Charles A. Booth and Danidle E. Daskam, to me known to be the Mayor and City Clerk of the City of Auburn, a municipal corporation, and the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the flee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official sea e e axe a an e ~rs a ode wri en. /'~~~;~~/,~ll~,~~~ (Print Namei~~ r_i4r~-_[X~O ~ x, Sanitary Sewer Payback Agreement April 28, 1999 Harbor Homes/GEONERCO, Inc. - Summerfield Estates Page 6 of 9 (The Meadows at Lea Hill - FAG 0023-96) 19991815801297 PAGE: 01D6 OF 089 ! 10/15/1999 13: 5~ KING COUNTY, MA PACIFIC Nl~ TIT AG 16.88 STATE OF WASHINGTON ) ' )ss. COUNTY OF KING ) On this 13 nt day of ~/~ , 1999, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared -~OSq fil ~,~ }q0 and ----" to me known to be the and ~ , respectively, of GEONERCO, Inc., that executed the foregoing instnlment, and on oath stated that he/she/they is/are authorized to execute the said instrument and acknowledged it as the free and voluntary act and deed of said party for the uses and purposes therein mentioned. Wimess my hand and official seal hereto affixed the day and year first above -,, WASmNGTON, RESmn'4O AT 'MY COMMISSION EXPnUiS STATE OF WASHINGTON) County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of , a corporation, to be the ~'ee and voluntary act of such party for the uses and purposes mentioned in this instntment. Dated _.., =;....;.._._. · ~.~;:.~ :' ' -. 2' : w~. NOTARY PUBLIC IN AND K)I~-.TJt~..,ST.,TE OF' ~ ....:. ;.<>C-:;;' ',;::". WASHINGTON, KESDING AT,-.. - MY COMMISSION EXPIKES: "/.~ '.-".'f "' '''~ · ~;:, .,,,. JR/bd KEF: H:XFAC~FAC23618~99446 Sanitary Sewer Payback Agreement April 28, 1999 Harbor Homes/GEONERCO, Inc. - Summerfield Estates Page 7 of 9 (The Meadows at Lea Hill - FAC 0023-96) '11 19991015001297 II PAGE eos oF 089 10/15/1999 13:53 KING COUNTY, t4A pACIFIC NM TIT AG 16.0~