The URL can be used to link to this page

Home My WebLink About3250 RESOLUTION NO.3 2 5 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO LAKELAND ANNEXATION AND UTILITIES AGREEMENT BETWEEN THE CITY AND EVERGREEN TUCCI PARTNERS, LLC., TO PROVIDE FOR A REDUCTION IN TRAFFIC MITIGATION FEES IN EXCHANGE FOR WHICH EVERGREEN TUCCI PARTNERS, LLC., WILL FULFILL THE CITY'S OBLIGATION TO CONSTRUCT A CERTAIN PORTION OF THE LAKE TAPPS PARKWAY EAST. WHEREAS, the CITY and THE LAKELAND COMPANY, INC., entered into the Lakeland Annexation and Utilities Agreement in June 1996, which agreement was approved by the Auburn City Council under Ordinance 4867; and WHEREAS, the Lakeland Annexation and Utilities Agreement was amended in May 1998, which Amendment to the Lakeland Annexation and Utilities Agreement was approved by the Auburn City Council under Resolution 2955; and WHEREAS, said agreement provides for the payment of traffic mitigation fees; and WHEREAS, the CITY has entered concurrently into a "Preannexation Agreement Between Pierce County and the City of Auburn Relating to the Construction of Regional Infrastructure and Facilities" with Pierce County which, --------------------------- Resolution No. 3250 September 5, 2000 Page 1 in part, defines the CITY'S obligations with regard to construction of a portion of the Lake Tapps Parkway which serves the areas described in the above- referenced agreements and unincorporated areas to the east; and WHEREAS, EVERGREEN TUCCI PARTNERS, LLC., as the developers and owners of the property described in the above-referenced agreements, commonly known as "Lakeland Hills", have agreed to construct the CITY'S portion of the Lake Tapps Parkway for a Five Hundred Thousand ($500,000.00) Dollar reduction in traffic mitigation fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute the Second Amendment to Lakeland Annexation and Utilities Agreement with Evergreen Tucci Partners, LLC. A copy of said Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. --------------------------- Resolution No. 3250 September 5, 2000 Page 2 -. -~-_..._-_..,,"..__.._-~- /~ DATED and SIGNED this ;; day of September, 2000. ATTEST: ~/~ Damelle E. Daskam, City Clerk APPROVED AS TO FORM: ~~ Michael J. Reynolds, City Attorney --------------------------- Resolution No. 3250 September 5,2000 Page 3 0~~ A, ~~Oo-£ CHARLES A. BOOTH MAYOR - __._"_______ ___.____ . n_ ._-+-,....__.___.>__ .-.._ .. r ( . IItI1 , 111111111 , 11 111m I 111m 111 2DDD1DDSD617 9 pg 10-5-2000 01:50pm $16.00 PIERCE COUNTY, WASHINGTON Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 OCT 1 C/l'y 6 1000 OIlY CI ~¡: ALJSÚ c..c:RI(S O,JjN '-/'"7CE RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Second Amendment to Lakeland Annexation and Utilities Agreement Reference Number(s) of Documents assigned or released: NONE........ DAdditional reference #'5 on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) Evergreen Tucci Partners, LLC I Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SEC 6 TWP 20 N RANGE 5 o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0520061012,0520061013,0520061014, 05200522038,0520061015, 0520052039, 0520061016, 0520082006, 0520082010, 0520064000,0520063000,0520053001, 0520053004, 0520053014, ,0520053004,0520053014,0520053004,0520053014,0520053008 0520053042, 0520051032, 0520051001,0520051003,0520071001,0520053041,0520062007,0520062027,0520062028, 0520053038,0520053030,0520063000,0520064000,0520063008 o Assessor Tax # not yet assigned \\J . ----_._,--- SECOND AMENDMENT TO LAKE LAND ANNEXATION AND UTILITIES AGREEMENT This Second Amendment to the Lakeland Annexation and .5~ Utilities Agreement is entered into this day of September, 2000 by and between the CITY OF AUBURN, a municipal corporation of the State of Washington organized under Title 35A, Optional Municipal Code, whose address is 25 West Main, Auburn, Washington 98001, herein referred to as .. CITY", and EVERGREEN TUCCI PARTNERS, LLC,., a Washington limited liability corporation, successor to THE LAKELAND COMPANY, INC., and EVERGREEN TUCCI PARTNERS, LLC, heirs, successors and assigns and all related entities and all shareholders, and/or owners, jointly and severally and their marital communities, including all parties tqat have an interest in the property affected by this Second Amendment to Lakeland Annexation and Utilities Agreement, whose address is 1302-B Puyallup Street, Sumner, Washington 98390, herein referred to as "EVERGREEN/TUCCI". ------------------------------------------ EXHIBIT "A" to Resolutio~~1.~~ Second Amendment to Lakeland Annexation and Utilities Agreement September 2000 Page 1 - "-_.._~._---_._- WHEREAS, the CITY and THE LAKELAND COMPANY, INC. , entered into the Lakeland Annexation and Utilities Agreement in June 1996, which agreement was approved by the Auburn City Council under Ordinance 4867; and WHEREAS, the Lakeland Annexa t ion and Utilities Agreement was amended in May 1998¡ which Amendment to the Lakeland Annexation and Utilities Agreement was approved by Auburn City Council under Resolution 2955; and WHEREAS, said agreement provides for the payment of traffic mitigation fees; and WHEREAS, the CITY has entered concurrently into a "Preannexation Agreement Between Pierce County and the City of Auburn Relating to the Construction of Regional Infrastructure and Facilitiesll with Pierce County which¡ in part¡ defines the CITY'S obligations with regard to construction of a portion of the Lake Tapps Parkway which serves the areas described in the above-referenced agreements and unincorporated areas to the east; and WHEREAS, EVERGREEN/TUCCI, as the developers and owners of the property described in the above-referenced agreements¡ commonly known as "Lakeland Hillsll, have agreed ------------------------------------------ EXHIBIT "A" to Resolution 3250 Second Amendment to Lakeland Annexation and Utilities Agreement September 2000 Page 2 to construct the CITY'S portion of the Lake Tapps Parkway for a Five Hundred Thousand ($500,000.00) Dollar reduction in traffic mitigation fees. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED, THE PARTIES AGREE AS FOLLOWS: 1. LAKELAND ANNEXATION AND UTILITIES AGREEMENT AND AMENDMENT TO LAKELAND ANNEXATION AND UTILITIES AGREEMENT: The parties hereto reaffirm the terms and conditions of the Lakeland Annexation and Utilities Agreement as amended by the Amendment to Lakeland Annexation and Utilities Agreement under Recording No. 9608120131 and Recording No. 9805210624, respectively, except as specifically amended herein. 2. TRAFFIC MITIGATION FEES. 2. (a) Contribution Toward Lake Tapps Parkway East. In the preannexation Agreement Between Pierce County and the City of Auburn Relating to the Construction of Regional Infrastructure and Facilities, the CITY has agreed to· pay no more than Five Hundred Thousand ------------------------------------------ EXHIBIT "A" to Resolution 3250 Second Amendment to Lakeland Annexation and utilities Agreement September 2000 Page 3 ($500,000.00) Dollars toward the construction of Lake Tapps Parkway East. 2. (b) Reduction in Traffic Mitigation Fees. In exchange for a reduction in the amount of traffic mitigation fees to be collected by the CITY under Section 11 of the Amendment to Lakeland Annexation and Utilities Agreement, TUCCI/EVERGREEN agrees to be responsible to fulfill the CITY'S obligation as described in Section 4.0(10) of said agreement, which section is denomin;:ited herein as Attachment 1 and is by this reference incorporated herein. The CITY agrees that it will collect sixty-five (65%) percent of the amount of traffic mitigation fees as required by Section 11 of the Amendment to Lakeland Annexation and Utilities Agreement until the amount collected by the CITY totals Nine Hundred Twenty-eight Thousand Five Hundred Seventy-one ($928,571.00) Dollars after which the full amount of the traffic mitigation fees will be collected. - - - - - - - - - -'- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EXHIBIT "A" to Resolution 3250 Second Amendment to Lakeland Annexation and Utilities Agreement September 2000 Page 4 -----,-.-_..- 2. (c) Posting of Financial Security. EVERGREEN/TUCCI agrees to post a bond or some other financial security in the amount of Five Hundred Thousand ($500,000.00) Dollars to ensure completion of EVERGREEN/TUCCI'S obligation as described in Section 4.0(10) of the Preannexation Agreement between Pierce County and the City of Auburn Relating to the Construction of Regional Infrastructure and Facilities which is contained in Attachment 1 hereto. 2. (d) Effective Date. This Second Amendment to Lakeland Annexation and Utilities Agreement does not become effective until the Preannexation Agreement Between Pierce County and the City of Auburn Relating to the Construction of Regional Infrastructure and Facilities is fully executed and effecti ve and Five Hundred Thousand ($500,000.00) Dollars financial security is posted as required herein and accepted by the CITY. ------------------------------------------ EXHIBIT "A" to Resolution 3250 Second Amendment to Lakeland Annexation and Utilities Agreement September 2000 Page 5 3. REMAINING PROVISIONS. All of the provisions remaining which are contained in the Lakeland Annexation and Utilities Agreement and the Amendment to Lakeland Annexation Utilities Agreement referenced above remain in full force and effect. CITY OF AUBURN r< (\ ,Q L~~1~~ CHARLES A. BOOTH MAYOR ATTEST: ~¿~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~ Michael J. Reynolds, City Attorney ----------~------------------------------- EXHIBIT "A" to Resolution 3250 Second Amendment to Lakeland Annexation and Utilities Agreement September 2000 Page 6 ------~ EVERGREEN TUCCI PARTNERS, LLC BY: LAKE LAND COMMUNITIES, LLC MANAGER By: STATE OF WASHINGTON P, £.cu... COUNTY OF ~ ~ /1,. ) ) ss ) On this day of September, 2000, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared MARTIN D. WAISS, to me known to be the individual described in and who executed the within instrument and acknowledged that he has the authority to sign for and bind LAKELAND COMMUNITIES, LLC, AND EVERGREEN TUCCI PARTNERS, LLC, and acknowledges that entering into and executing this agreement is the free, voluntary and authorized act of LAKELAND COMMUNITIES, LLC, AND EVERGREEN TUCCI PARTNERS, LLC, for the uses and purposes therein mentioned. ------------------------------------------ EXHIBIT "A" to Resolution 3250 Second Amendment to Lakeland Annexation and Utilities Agreement September 2000 Page 7 · . GIVEN UNDER my hand and official seal the date hereinabove set forth. "" ~Þr ~ .f ~()!"~~ i/·........ atl4./srofJlfe./l.. ,(A. /lufr ~ø>.",;"'~\i;.SION 1:'::":;< ~-:;. NOTARY PUBLIC in and for tã State 2 ð :,'âNOTAR;"~--~ ~~ Qf Washington, residing at ~;Vf..lS"J.¡ ~ :: :. (/) = {,( 4C-t- - ' --+ · ...- - ... d /. r-/ L.L.. ~<P \. PUBLlC'/ § MY COMMISSION expires: t) ~ (J ï -:. ~ ", 8'25 nt.. "~.:- _. T~'# ..~." , .......~ 11""fll"\~ ~ "'",pF w~~,,\... II'".....', ------------------------------------------ EXHIBIT UA" to Resolution 3250 Second Amendment to Lakeland Annexation and Utilities Agreement September 2000 Page 8 ~~"~'-~-