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HomeMy WebLinkAbout3522RESOLUTION NO. 3522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A PAYBACK AGREEMENT DEVELOPER'S EXTENSION BETWEEN THE CITY OF AUBURN AND ALEC POLISHCHUK. 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 Alec Polishchuk 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. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Resolution No. 3522 September 3, 2002 Page 1 DATED and SIGNED this I Io"~ day of -~¢t¢~, 2002. CITY OF AUBURN PETE B. LEWIS MAYOR ATTEST: 'Da-'~lle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3522 September 3, 2002 Page 2 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 _ Kz~,; COU._TY _ Above this line reserved for recording information. POLISItCI-IUK SANITARY SEWER PAYBACK AGREEMENT #90 DEVELOPER'S FACILITY EXTENSION FA]200-0009 Reference # (if applicable): [ Grantor: City of Auburn Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel ID#: Alec Polishchuk NW 17-21-05' See Exhibit B This Agreement made and entered into this [-(~x day of 2002, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter called the CITY and Alec Polishchuk, whose address is 14400 SE 19 P1, Bellevue, WA 98007, hereinafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No. '::5.%Z2-~ adopted by the City Council of the CITY on the t b'~[~'" day of ~__~~'~CT ,2002, 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: Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 1 of 11 II. III. DEVELOPER The above-described DEVELOPER is the record owner of real property legally described within Exhibit A, Bill of Sale, submitted by the DEVELOPER and attached hereto. Map showing said property is attached hereto as Exhibit C. FACILITIES The facilities which have been constructed by the DEVELOPER herein consist of 331 lineal feet of 2½" sanitary sewer forcemain and all appurtenances associated with said forcemain processed as a Developer Public Facility Extension, Extension herein referenced as FAC00-0009, 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. AREA OF FACILITY SERVICE BENEFIT The properties benefited by the facilities constructed by the DEVELOPER are shown on Exhibits B and C, 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 B and C, 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. 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 B 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 B and C. 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. Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 2 of 11 VI. 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 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 B attached hereto, and totaling to not more than $7,710.40 in full amount. Prior to recordation the CITY shall mail to the property owners, as reflected in the records of the King County Assessors Office, as specified in Section Il/, 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 right to a review of the costs with the Director of Public Works within 21 days fi.om the date of said notice for the purpose of requesting an adjustment in the allocation of the charge to the property. If the Director of Public Works, 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 B and C shall govern reimbursement amounts to be received by the DEVELOPER. 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 FAC00-0009. Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 3 of 11 VIII. IX. Xo XI. XII. 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. CURRENT ADDRESS & TELEPHONE NUMBER The DEVELOPER shall keep a current record of his/her address and telephone number on file with the Director of Public Works of the CITY, and shall within 30 days of any change of said address and/or telephone number, notify the Director of Public Works 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. 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 B and C, 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. 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 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. 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 Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 4 of 11 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~ Peter B. Lewis, Mayor ATTEST: lle E. Dask-'~rfi,'i~ity Clerk APP, R~I~--~,~RM :/4 Daft ~eid, CiW Attorney DEVELOPER: Polishchuk Payback Agreement//90 Developer's Facility Extension FAC00-0009 Page 5 of 11 STATE OF WASHINGTON ) )SS. County of King ) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle E. Daskam were the persons who appeared before me, and said persons 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 ~,~,~,,~'6r 2~ ~ -., :. ~%'r~ r, ~: NOtary Public in and for the State of Washington ...%, appointment expires I t9 STATE OF WASH~GTON) )SS. Co~ty of ~ng ) I ce~i¢ that I ~ow or have satishcto, evidence that Al c and k~bo~ is/~he person(s) who appe~ed before me, ~d said individual(s) ac~owle~ed that he/she/~i~ed tbs instrument ~d ac~owledged it to be his~eff~ee ~d volunt~ act for the uses ~d pu¢oses mentioned in this ~nstmment. Dated ~e~ . 5,~, _., . _,~ota~ Pubhc ~n and for the State of Washington '*"m m~~ My appointment expires ~tu DH/bd File: 3.5 REF. FAC00-0009(SAN SEW PAYBACK AGRMNT DEV FAC EXT)\E02-608 Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 6 of 11 Return Address C~ty of Auburn ' City Clerk 25 West Mare Auburn, WA 98001 Above th,s I,ne reserved for recording lnforma0on BILL OF SALE Reference # 0fapphcable) N/A Addmonal on page -.~ Grantor/Borrower Gran tee/Assignee/Beneficiary: Legal I~scnptmon/STR Assessor'-', Tax Parcel ID~ 1) Alcc & Lubov Pohshchuk City of Auburn 7-21-05 334100-0125 2) Additional on trrage Addmonal on page KNOW ALL MEN BY THESE PRESETS ~at for and in consideration of~e sum of TEN DOLLARS ($10 ~), and for ~e cons~d~a~on of mco~oratmg ~e Extension Into ~e C~W syst~, and o~er good and sufficient cons~d~at~on, r~e~pt whereof ;s hereby ac~owledged, the und~i~ed G~to~s) Alec& Lubov Polishchu~ husband and ~fe, do by these pr~ts h~eby convey, setover, ~s:~, ~nsfer and waist to the C~ty of Auburn, a Mumc~pal Co~orat:on m Krug County, W~h;ngton, 33] LF of2%" s~lta~ s~ fo<e mare and all appunen~c~ or ~y oth~ assocmted pubhc facd~ty ~ shown on the pubhc fa~h~ extenmon plans ref~ to ~ FAC00-0~9, the Pohshchuk sew~ developm~t S~tuated w;thm the following d~cn~ real pro~ S~ EXHIBIT 'A' A~ACHED HERETO ~D BY THIS REFERENCE MADE A PART HEREOF and ~e sam Gr~tor(s) h~eby w~t(s) ~at ~ey ~e &e sole owneffs) of all the p~y above conveyS, that they have ~I1 ~w~ to ~nvey ~e ~e ~d that th~ will defend the Utle of the ~ld Grantee against any ~d all p~sons law~lly making clmm ~eto, md ~ndemm~ &e C~W of Aub~ for ~y. costs, including A~omey fe~ m defending Utle Bill of Sale Page I of 3 Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 7 of 11 day of IN WITNESS WHEREOF the Grantor(s) has/have executed these prese, nts tMs~ ~ ~ u (,..4 ~.~'t-' ,20~0. STATE OF WASHINGTON) )ss County of King ) I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and smd individual(s) acknowledged that he/she/they signed tbas instrument and acknowledged it to be h~s/her/the~r free and voluntary act for the uses and purposes mennoned m ~s instrument Dated /~lff:v~. ~91: ~OtSO . Notar~ Pubh¢ m and for the State q~' W~Iungton residing at ~nd~ '(~.. My appointm~nt expires., REF FAC00-0009 (BILl. OF SALE)~O0-860 Bill of Sale Page 2 of 3 Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 8 of 11 EXHIBIT 'A' ~ NOR'II,~il.¥ ALONG S,tMD BAIl( ID A POI(I' IHGH WWfod REF FAC00-0009 (BILL OF SALE)\EO0-860 Bill of Sale Page 3 of 3 Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 Page 9 of 11 EXHIBIT 'B' EXHIBIT B Payback Agreement # 90 Developers Facility Extension FAC00-0009 Polishchuk Sanitary Sewer Extension Sanitary Sewer Assessment Distribution 334100-0090 62.00 $ 25.3631 $ 1,572.51 334100-0095 62.00 $ 25.3631 $ 1,572.51 334100-0100 90.00 $ 25.3631 $ 2,282.68 334100-0125' 90.00 $ 25.3631 $ 2,282.68 *Developer's Property - included for information only Polishchuk Payback Agreement #90 Developer's Facility Extension FAC00-0009 'Page 10 of 11