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Home My WebLink About3116 RESOLUTION NO. 3 116 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 KS CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section t. 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 KS Construction. 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. 3116 09/16/99 Page 1 DATED and SIGNED this 20th day of September, 1999. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: City AttorneF~eyn°lds ~ Resolution No. 3116 09/08/99 Page 2 Once Recorded Return to: City of Auburn City Clerk 25 West Main Auburn, WA 98001 19991015001299 PfiGE eet OF 16/15/1999 13:53 KZNG COUNTY , Ufi PRCIFIC NIl TZT fig 19.ee (_ LOilZ2-1'Z- Above this line reserved for recording information. Payback Agreement # 72 KS Construction Developer's Extension FAC0001-96 Reference # (if applicable): Grantor/Borrower: KS Construction Grantee/Assignee/Beneficiary: City of Auburn Legal Descdption/STR: NW 08-21-05 Assessor's Tax Parcel ID#: 333940-0356/333940-0357 333940-0358 This Agreement made and entered into this ,,-2a' y:~ day of ~,~'e/~TL~/oe(', 19_Y'~, by and between the City of Auburn, a municipal corporation of King County, Washington, hereafter called the CITY and KS Construction, whose address is 26202 SE 252nd St., Ravensdale, WA 98051, hereafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No. ~3//~, adopted by the City Council of the CITY on the ~ I''~' day of ~?-"'~ ' "~: .',.:~ ~i'.:,;c~ Payback Agreement #72 for KS Constructjon .... ~:; ': J: Developer's Extension FAC0001-96 ' .; x you i~on or Page 1 of 11 '-:. July 21, 1999 ~',~ ~ 7/~'/+e/~ f' , 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, attached hereto, as part of the utility system of the CITY; 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 shown on Exhibit B submitted by the DEVELOPER and attached hereto. Map showing said property is attached hereto as Exhibit O. II. FACILITIES The facilities which have been constructed by the DEVELOPER herein are as shown in the attached Exhibit A, incorporated herein by this reference, and processed as Developer Public Facility Extension, Extension herein referenced as FAG0001-96, 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 FACILITY SERVICE BENEFIT , The properties 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 #72 for KS Construction Developers Extension FAC0001-96 Page 2 of 11 July 21, 1999 19991015001299 PRGE ee2 OF 612 , ~ 18/15/1999 13:53 KING COUNTY, WA PACIFIC NI, I TIT RG 19.00 IV. TERM 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. V. AMOUNT OF REIMBURSEMENT Sanitary sewer collection 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 separately itemized as shown in Exhibit D attached hereto, and totaling too not more than $14,135.30 in full amount. 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 separately itemized as shown in Exhibit D attached hereto, and totaling too not more than $12,152.41 in full amount. Prior to recordation by the DEVELOPER as described in Section X, the CITY, shall mail to the property owners, as reflected in the records of the King County Assessors Office, as specified in Section III, notification of the allocation of costs to be levied against the properties which are payable prior to connection to the systems. The property owner shall have the dght to a review of the costs with the City Engineer within 21 days from the date of said notice for the purpose of requesting an adjustment in the allocation of the charge to the property. Payback Agreement #72 for KS Construction Developers Extension FAC0001-96 Page 3 of 11 July 21, 1999 I 19991015eexzs9 = PAGE 003 OF e12 10/1~/1999 1::$: KXNG COUNTY, PI:ICKFXC NI,4 TZT AG 19.00 If the City Engineer, upon requested review by a notified property owner(s), 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 C and D 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 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. VII. OWNERSHIP 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 FAC0001-96. VIII. UNAUTHORIZED CONNECTION 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. Payback Agreement #72 for KS Construction Developer's Extension FAC0001-96 Page 4 of 11 July 21, 1999 ' ' I "~ 19991815881299 , PAGES 884 OF 812 i8/15/1999 13:53 PmqCIFIC NI,,I/IT RG 19.00 KING COUNTY, Idsq IX. CURRENT ADDRESS & TF:LEPHONE 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 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 DEVELOPER agrees to pay all fees for recording this Agreement with the County Auditor. 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 attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably..d~voted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property o~ners incurred in the performance or completion of this Agreement. : XII. CONSTITUTIONALITY OR INVALIDITY .-, ..,: If any section, subsection, clause or phrase of this Ag~;eemeni? i~:.for .a.n~, . reason held to be invalid or unconstitutional, such 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 unconstffutional. Payback Agreement #72 for KS Construction Developer's Extension FAC0001-96 Page 5 of 11 July 21, 1999 ~ I 19991015001299 PAGE 805 OF 012 18/15/1999 1:~: ~ KING COUNTY, fir PACIFIC NW TIT AG 19.80 MAYOR ATTEST: 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 pemons 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 ~, ~ · Notary Public in and for the State of Washington - :u =: -,- := -,,; ............... Payback Agreement #72 for KS Construction Developer's Extension FAC0001-96 Page 6 of 11 July 21, 1999 J ' 19991015001299 PAGE 006 OF 013 10/15/1999 1;I: ~3 PACIFIC NI4 TIT AG 19.O0 KING COUNTY, 14A DEVELOPER: TITLE: t4')..t, STATE OF WASHINGTON) )ss. County of King ) · I certify that I know o h ve satisfactory evidence that ~--~,_'~ i L~ and ~,~; ~ ~-.~ R Q , ~ ~~ is/are the person(s) who appeared before me, and said individuals(s) acknowledged that he/she)~ signed this inst~ment and acknowledged it to be his/he~~e and volunta~ act for Dated ~ , ~ ~'..~, -, .2 - h :~: ~ ~.: 9..."' Lj My appointment expires DH/bd REF. H:\FAC\FAC01617~E99-720 Payback Agreement #72 for KS Construction Developers Extension FAC0001-96 Page 7 of 11 July 21, 1999 R I 19991015001299 PAGE ee? 0r 812 18/15/1999 13:53 KING COUNTY, 14A PACIFIC NI4 TIT AG 19,eo Exhibit A A,;burn. w.-~ KNOW A~L MEN BY THES~ PRESENTS tha~ for and in consideration of the · sum of ONE DOL~ ($1.00) and o=her good and sufficien~ consideration, receip~ whereof is hereby acknowledged, ~he undersigned do by =~ese presenCE hereUy convey, seeover, assign, transfer and vat=an= =o =he Ci=y of Auburn, King Coon=7, ~ashing=on, a ~ICIF~ Situated within the following d~scribed real and =he said GrantorS) hereby warran= =haC ~ ~/a~ ~he sole o~ers all =he p=oper=~ above conveyed; =ha= =hey have fu~l powe= =o convey =he saue and =ha= =hey will ~efend =he =i~!e of =he said Gran=ee agains= any and all persons lawfull~ making claim nhere~o, and inaemnify Auburn for any cos=s, including A=:orney fees in defending =iUle. -- Grantor~ ave ~xecu~ed ~ese presents this .. _ '. C~ STATE OF WASHINGTON) )ss. CO~TY OF KING ) ~ I, ~he undersigned, a NoCa~ Public in and for ~he S=a=e ~shing=on, duly co~issioned nd s~orn hereby cer=ify tha= ~is da~ s=~menC and achowledged =ha= K~ signed and sealed ~e same as ~ee and volun=a~ ac~ and deed far"=he uses and p~oses ~he=ein Payback Agreement #72 for KS Construc~on Developer's Extension FAC0001-96 Page 8 of 11 July 21. 1999 - I 199918158812!99 ' PAGE 088 OF 012 1e/15/1999 13:53 KING COUNT';', 14A PACIFIC N~4 TIT AG 19.88 Exhibit B The West 199.00 feet of the East 374 feet of Lot 9 EXCEPT the North 63.81 feet thereof and EXCEPT the South 81.35 feet thereof in Block 4, 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, records of King County, Washington; EXCEPT any portion thereof lying within the following described tract: Beginning at a point which is West 374 feet from the Northeast corner of Lot 10, Block 4, Hillman's Auburndale Addition to the City of Seattle, according to the Plat thereof recorded in Volume 13 of Plats, page 62, records of King County, Washington; THENCE south 209.84 feet; THENCE north, northeast along the West boundary of existing private road for approximately 211 feet; THENCE West for approximately 50 feet to the Point of Beginning; TOGETHER with an easement for ingress, egress and utilities over the West 20 feet of the East 374 feet of lots 8,9 and 10, Block 4 of said Plat; EXCEPT that portion thereof lying with the above described main tract. SITUATE in the County of King, State of Washington. Payback Agreement #72 for KS Construction Developer's Extension FAC0001-96 Page 9 of 11 July 21, 1999 19991815881299 PAGE ee9 OF 012 10/15/1999 13:53 KIHG COUHTY, PACIFIC Hl~ TIT AG 19.00 Exhibit C See attached map labeled Exhibit C Payback Agreement #72 for KS Construction Developers Extension FAC0001-96 Page 10 of 11 July 21, 1999 : PAGE 010 OF 012 10/15/1999 13:53 . KING COUNTY, PACIFIC NI, I TIT AG 19.ee Exhibit D Payback Agreement # 72 Developers Facility Extension FAC0001-96 KS Construction Sanitary Sewer Assessment Distribution I Assessed Front i Cost Per Fair/Pro Rata Tax Lot ~ Footage (FF) FF Share ($) - 89.00 $ 58.6357 $ 5,218.57 Totals i 241.07, $ 14,135.30 Water Assessment Distribution A t ! CoSt Per Fair/Pro Rata 333940-0360 152.07 $ 27.6367 $ 4,202.71 333940-0351 89.00 $ 27.6367 $ 2,459.67 333940-0358 198.65 $ 27.6367 $ 5,490.03 Totals 439.72 $ 12,152.41 I{' 19991015001~99 PAG~ 011 OF ' 10/15/1999 13: PACIFIC 1114 TI'r AG 19.88 KIH~ COUIIT'r', H:\darcie\paybacks\royalhillsD.xls 5/24/999:02 AM