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Home My WebLink About3115 RESOLUTION NO. 3 115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A PAYBACK AGREEMENT FOR DEVELOPER'S EXTENSION BETWEEN THE CITY OF AUBURN AND FINKBEINER 'DEVELOPMENT. 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 for Developer's Extension between the City and Finkbeiner Development. 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. 3 115 0 9/16/9 9 Page 1 DATED and SIGNED this 20th day of September, 1999. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: D~an~elle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3115 09/07/99 Page 2 Once Recorded ~'lease Return to: City of Auburn City Clerk 25 West Main Auburn, WA 98001 pRCIFIC NU TZT ~G r.,mmKzOrd by Pacific Nodi~'~t~st Title aa 1132 -I 2-- ~xaminod as to prcper execu~ or Above ~is l~c zcse~ed fo~ ~eco~g ~om6o~. WATER ~D S~IT~Y SE~R PA~ACK AG~E~NT ~75 ~DGE AT ~LLOW P~. DE~LOPER'S FACILITY EXTENSION ~ FAC0024-95 Reference ~ (if applicable): Grantor~o~ower: Fi~beiner Development Inc. (Off-Site ~dge at Willow Park) Grantee/Assignee~eneficiary: Ci~ of Auburn Legal Desc~ptio~S~: S~ 04-21N-05E & N~ 09-2 1N-05E Assessor's T~ Parcel ~s: As noted on E~bit 'A' This Agreement made and entered into this ,.x~/~-- day of '.-Ce~.~gm,~,~e)"', 1999, by and between the City of Auburn, a municipal Corporation of County, Washington, hereafter called the CITY and Finkbeiner .Development, Inc., whose address is 12011 Bel-Red Road, Suite 206, Bellerue, Washington 98005-2401 hereafter referred to as DEVELOPER. WHEREAS, pu~rsuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No. 3//.f' adopted by the City Council of the CITY on the ~O~---- day of Water and Sanitary Sewer Payback Agreement July 20, 1999 Finkbeincr Development - Ridge at Willow Park Off-Site FAC0024-95 Page I of 7 ~efl Tte-~ ,~sf' , 1999, approved the execution of this Payback Agreement with the DEVELOPER above and referring to facilities described herein; and WHEREAS, the DEVELOPER has offered and the CITY agreed to accept a Bill of Sale for the water and the sanitary sewer facilities constructed in conjunction with FAC0024-95; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The above-described DEVELOPER has developed the real property legally described as: PLAT OF THE RIDGE AT WILLOW PARK PHASE I AS RECORDED IN VOLUME 182 OF PLATS, PAGES 45-50, IN KING COUNTY, WASHINGTON PLAT OF THE RIDGE AT WILLOW PARK PHASE II AS RECORDED IN VOLUME 184 OF PLATS, PAGES 21-25, IN KING COUNTY, WASHINGTON The real property described is known as the Ridge at Willow Park Phases I and II, located in the SE ¼ of Section 4, Township 21N, Range 5E. This payback agreement is being entered into with the developer for off-site improvements established along 124th Ave. SE around the intersection with SE 304th Street. II. FACILITIES The water and the sanitary sewer facilities which have been constructed by the DEVELOPER and processed as a Developer's Public Facility Extension, hereinafter referenced as FAC0024-95, 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 governing the construction specifications for facilities of such type, and have been approved by the City Engineer. III. AREA OFFACILITY SERVICE BENEFIT The properties that may potentially benefit by the facilities constructed by the DEVELOPER are shown on Exhibits B and C, 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 Exhibits B and C, or as noted on Exhibit A, shall pay as a condition for connecting to the facilities constructed by the developer, an Water and Sanitary Sewer Payback Agreement July 20, 1999 Finkbeiner Development- Ridge at Willow Park Off-Site FAC0024-95 Page 2 of 7 I~ ' ' 19991815881298 PAGE 082 OF 010 113/1571999 l~: ~ PACIFIC N~4 TIT AG 17.00 KING COUNTy, 14A _ amount 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. 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 Exhibits B and C, shall pay to the CITY the corresponding amounts shown in Exhibit A 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. The CITY shall reimburse the DEVELOPER at six (6) month intervals for any such amounts collected by the CITY. 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 maximum amount which the DEVELOPER is reimbursed from the property owners as specified in Exhibit A 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 totaling to not more than ninety-seven thousand, six hundred ninety-four dollars and forty-four cents ($97,694.44) in full amount. Water Facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the maximum amount which the DEVELOPER is reimbursed from the property owners as specified in Exhibit A 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 totaling to not more than thirty- eight thousand, three hundred twenty-six dollars and seventy cents ($38,326.70) 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 propert3; 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 Water and Sanitary Sewer Payback Agreement July 20, 1999 Finkbeiner Development - Ridge at Willow Park Off-Site FAC0024-95 Page 3 of 7 I 19991015881298 PAGE 885 OF 010 18/15/1999 15:55 KING COUNTY, WA PACIFIC NW TIT AG 17.00 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 Exhibit A shall govern reimbursement amounts to be received by the DEVELOPER. 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. 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 FAC0024-95. A Bill of Sale has been granted to the CITY for the water and the sanitary sewer facilities. The facilities have become a part of the municipal system of the CITY. All maintenance and operation costs of said facilities shall be borne by the CITY, except as noted otherwise in FAC0024-95. VIII. UNAUTHORIZED CONNECTION Whenever any connection is made into the facilities as shown on Exhibits B and C which is not authorized by the CITY, the CITY shall have the absolute a~uthority 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. Water and Sanitary Sewer Payback Agreement July 20, 1999 Finkbeiner Development - Ridge at Willow Park Off-Site FAC0024-95 Page 4 of 7 I.... , lc,~991015001~9~ , PAG 884 OF* ID~IC/r/C Ul4 TIT R~ 17,00 G COUHTy, IX. CURRENT ADDRESS & TELEPHONE NLrMBER 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 Auburn'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 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 Exhibit C and Exhibit D, their successors, heirs and assigns. The DEVELOPER shall make the actual recording and provide the CITY with confirmation thereof, but such recordation shall only be made after expiration of review period specified in Section V. 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 attomey'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 unconstimtionality 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 Water and Sanitary Sewer Payback Agreement July 20, 1999 Finkbeiner Development - Ridge at Willow Park Off-Site FAC0024-95 Page 5 of 7 199918158812:98 PAGE 005 OF BIB 10/15/1999 13:53 KING COUNTY, WA PACIFIC NW TIT RG 17.00 approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Charles A. Booth, Mayor Date ATTEST: APPROVED AS TO FORM: DEVELOPER: ...... Id ER DEVi. Co P h:tdT, i c. Signature Date Print Name Title Water and Sanitary Sewer Payback Agreement July 20, 1999 Finkbeiner Development- Ridge at Willow Park Off-Site FACt"' ' "~ Page 6 of 7 I 5_11" P~ ee~ o~ e t e · 98 I 7. ee hr C N 't', STATE OF WASHINGTON ) COUNTY OF KING ) On this ,2] day of ,. ~- 7/e.~,, r' , 19y__~, before me undersigned, a Notary Public in and fo~'the State of Washington, duly commissioned' and sworn, personally appeared Charles A. Booth and Danielle 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 inslnnnent to be the fi'ee 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. : i ~ : _- NOTARY PUBLIC IN AND FOR THE STATE OF ,,, ...... ~ MY COMlVlISSION EXPIP,,ES //) - ~- 9 ? 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 PP, E3~ r)~ T of '~,-j~t~E/~e-. t~Et/~COPm~,,.~..//-3/~. , a corporation, to be the flee and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 7(o~J,o {~q ~ : oou~ ~ ~..otary Public in and for the State of Washington m/~:~ntrnen~ ~ ~ ~s. ~o~ siding at 15'5 ............ y appointment expires REF: H:XFACXFAC24518XE99-709 Water and Sanitary Sewer Payback Agreement July 20, 1999 Finkbeiner Development - Ridge at Willow Park Off-Site FAC0024-95 Page 7 of 7 I I 19991815881298 ; PAGE ee? OF e~.e 10/15/1999 13: 5~ KING COUNTY~ WR PACIFIC HW TIT AG 17.00 Exhibit 'A' PAYBACK AGREEMENT DEVELOPERS FACILITY EXTENSION FAC # 0024-95 Finkbeiner Development- The Ridge at Willow Park Off-Site Improvements 124th Ave SE @ S.E. 304th Street Sanitary Sewer Assessment Distribution Benefited Assessed Front Fair / Pro-Rata Tax Lots Footage (LF) Share ($) 092105-9091 165.93 $ 9,036.27 092105-9003 138.00 $ 7,515.25 092105-9079 160.00 $ 8,713.33 092105-9074 330.00 $ 17,971.25 042105-9034 300.00 $ 16,337.50 042105-9013 700.00 $ 38,120.84 Total 1,793.93 · 97,694.44 Amount of Possible Reimbursment to Developer -- 97,694.44 Cost per FF = 54.46 Water Assessment Distribution Benefited Assessed Front Fair I Pro-Rata Tax Lots Footage (LF) Share ($) 042105-9034 300.00 $ 11,498.01 042105-9013 '700.00 $ 26,828.69 Total 1,000.00 38,326.70 Amount of Possible Reimbursment to Developer -- 38,326.70 Cost per FF -- 38.33 H:Darcie\paybacks\RWillowll.xls; Exhibit B; 7/12/99 ' 19991815001298 PAGE Bee Of ele 1o/15/1999 13:53 PACIFIC HI,J TIT AG 17.ee KING COUHTY,