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HomeMy WebLinkAbout3111 RESOLUTION NO. 3 1 I 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A SANITARY SEWER PARTICIPATION AGREEMENT BETWEEN THE CITY OF AUBURN, WASHINGTON, AND FRANK AND SHIRLEY GAINES.. 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 Sanitary Sewer Participation Agreement for a Developer's Extension (FAC0034-98) between the City and Frank and Shirley Gaines. 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. 3111 09/07/99 Page 1 DATED and SIGNED this 7th day of September, 1999. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 3111 09/07/99 Page 2 'AUBURN SANITARY SEWER PARTICIPATION AGREEMENT FOR DEVELOPER'S FACILITIES EXTENSION 0034-98 FRANK AND SHIRLEY GAINES This Agreement made and entered into this day of ,1999, by and between the City of Auburn, a municipal corporation of the State c/f Washington, hereafter called the CITY and Frank and Shirley Gaines whose address is 25 Riverview Drive NE, Auburn, WA 98002, hereafter referred to as DEVELOPER. WHEREAS the CITY has on the ' da of , 1999 approved the execution of this Agreement with thTe~'~'EVEYLO referring t~ facilities described herein; and NOW THEREFORE, in consideration of the conditions and covenants herein, the parties agree as follows: I. DEVELOPER The above-described DEVELOPER is the record OWNER of real property legally described as follows: LOT 1 OF CITY OF AUBURN SHORT PLAT SPL 0003-93, RECORDED UNDER AUDITOR'S FILE NO. 930713-1803, RECORDS OF KING COUNTY, WASHINGTON. PARCEL NUMBER 2154000125 The real property described is also known as The Plat of Ashley Avenue. Map showing said property is attached hereto as Exhibit A. II. FACILITIES The sanitary sewer facilities, which the CITY agrees to finance, consists of ninety feet (90LF) of sewer main and appurtenances installed along "V" Street SE (SE 104t~ Ave) from the existing sanitary sewer line to the extension of the DEVELOPER'S south property line. The facilities are as shown in the attached Exhibit A, incorporated herein by these references. The improvement was processed as Developer Public Facility Extension # 0034-98, Extension herein referenced as FAC0034-98, originals on file at the office of the City Engineer. The CITY has approved the sanitary sewer facilities as having been constructed in accordance with the ordinances and requirements of the CITY. IH. AMOUNT OF REIMBURSEMENT Sanitary Sewer Facilities: The DEVELOPER, his successors, heirs and assigns, ~ 7 agrees that the amounts which the DEVELOPER is reimbursed from the CITY as ............................................... Participation Agreement for Frank and Shirley Gaines Developer's Extension FAC0034-98 16-Jun-99 Page 1 of 5 specified in this Section of this Agreement, represents a fair / pro rata share participation for the DEVELOPER'S construction of the sanitary sewer facilities described in Section II of this Agreement. The total mount of reimbursement to the DEVELOPER as determined from actual accounting records of the DEVELOPER and as verified by a CITY representative is established at $24,500.00 (TWENTY-FOUR THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS). The DEVELOPER shall receive reimbursement of the above mount in the form of a check from the CITY within sixty days of approval of this Participation Agreement. IV. OWNERSHIP OF FACII .ITY The DEVELOPER has constructed and issued a Bill of Sale to the CITY for the facilities described in Section II of this Agreement, said facilities have been accepted by the CITY as satisfactory. The facilities will 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 FAC0034-98. V. 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 actions, misconduct or breach of contract by Frank and Shirley Gaines, 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. VI. CONSTITUTIONAl .ITY OR INVAI .IDITY 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 portidns 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. Participation Agreement for Frank and Shirley Gaines Developer Extension FAC0034-98 16-Jun-99 Page 2 of 5 CITY OF AUBURN Charles A. Booth, Mayor STATE OF WASHINGTON ) COUNTY OF KING ) On this ~7't&'day of ~ , 19t~q, before me undersigned, a Notary Public in and for the State of Washington, duly comm's ioned and sworn, personally appeared 1S 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 .instnunent, 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. -: ' --,-- ': ! NOTARY PUBLIC IN AND FOR THE STATE OF % ,.~..~.r;SR,m.~,,;.~ / WASHINGTON, RESIDING AT Participation Agreement for Frank and Shirley Gaines Developer's Extension FAC0034-98 16-Jun-99 Page 3 of 5 Frank L Date · Date STATE OF WASHINGTON ) County of King ) I certify that I know or have satisfactory evidence that ~'c~ a g C c~; r~ e 5 and 5~c ~e (~ ~'5 are the husband and wife who appeared before me, anhYsaid husband and wife acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Dated '~ - 3- ~' q ~ / ~ (Signature) (Pri.tN~,e) NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT MY COMMISSION EXPIRES Attachments: Exhibit A (Map, page 5 of 5) REF. H:\darcie\sewer\gaines.doc Participation Agreement for Frank and Shirley Gaines Developer Extension FAC0034-98 16-Jun-99 Page 4 of 5