HomeMy WebLinkAbout3913RESOLUTION NO. 3 9 1 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A PAYBACK AGREEMENT FOR
DEVELOPER'S EXTENSION BETWEEN THE CITY OF
AUBURN AND EVERGREEN TUCCI PARTNERS
WHEREAS, state law authorizes cities to enter into agreements with
persons and entities who are willing to front the money necessary to provide
infrastructure improvements to city utility and/or street systems, with the
potential for the persons and entities to recoup those costs when others either
develop next to those improvements or connect to them; and
WHEREAS, Evergreen Tucci Partners is willing to make improvements
with the expectation that it could receive reimbursement from later developers
or property owners utilizing the improvements, and the City has negotiated an
agreement with Evergreen Tucci Partners for that purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor of the City of Auburn is hereby authorized to
execute a Payback Agreement for Developer's Extension between the City and
Evergreen Tucci Partners, in the form substantially as the agreement attached
hereto, marked as Exhibit "1"and incorporated herein by this reference.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Resolution No. 3913
September 14, 2005
Page 1
Section 3. That this resolution shall be in full force and effect upon
passage and signatures hereon.
~~
DATED and SIGNED this J~ day of ~~ , 2005.
CITY OF AUBURN
~- ~--~
MAYO
LEWIS
ATTEST:
Dani 11e E. Daskam,
City Clerk
APP,R~JA/ED/ALTO FOR
[~dr~l`el B Heil
City Attorney
Resolution No. 3913
September 14, 2005
Page 2
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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Above this line reserved for recording information.
PAYBACK AGREEMENT #99
nF.vF.r.~PF,R~C FxTF.NSiON FA000-0003
Reference # (if applicable):
Grantor City of Auburn
Grantee Evergreen Tucci Partners
Legal Description / STR: SW OS-20-OS
Assessor's Tax Parcel ID#: See Exhibit B d ~~L <I 0 s- 34 S~
This Agreement made and entered into this ~_ day of ~' ~ ,
2005 by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and Evergreen Tucci Partners, whose address
is, 1302 Puyallup Street, Sumner, WA. 98390, hereinafter referred to as DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution
No. ~ I~'~ adopted by the City Council of the CITY on the ~ day of
C~~~~~ , 2005, 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 for sanitary sewer facilities, as part of the utilitdy systems of the CITY;
S+af documents) were hied fur
record by Pacific Northwest Tttie as
aocX~mmaiation only. tt has not been
PAYBACK AGREEMENT #99 a8 t0 ~1fOp6{ eXep~f011 Dr
DEVEIAPER'S EXTENSION e11t! ~ ~tl ~tid.
PAGE 1 OF 8
~~'_~
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 A submitted by the DEVELOPER and attached
hereto.
Map showing said property is attached hereto as Exhibit A.
II. FACILITIES
The facilities which have been constructed by the DEVELOPER herein are as
shown in the attached Exhibit A, incorporated herein by this references, and
processed as Developer Public Facility Extension, Extension herein referenced as
FAC00-0003, 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 A and B, 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 A and B, 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.
IV. TERMS
For a period of 15 years from the date that the City formally accepts the
developer's utility extension, 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
benefited. Such properties are shown in Exhibits A and B. Payment of the
latecomers pro rata share is a condition of issuance of the connection permit by
the CITY.
PAYBACK AGREEMENT #99
DEVELAPER'S EXTENSION
PAGE 2 OF 8
Upon the expiration of the 15-year term, 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 B attached hereto, and totaling to not more than
$39,052.22 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 right to a review of the costs with the
Director of Public Works 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.
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 A and B 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.
PAYBACK AGREEMENT #99
DEVELOPER'S EXTENSION
PAGE 3 OF 8
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 FA000-0003.
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.
IX. 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.
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 A and B,
their successors, heirs and assigns.
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 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 unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this
PAYBACK AGREEMENT #99
DEVELOPER'S EXTENSION
PAGE 4 OF 8
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.
OF AUBU
Pe r B. Lewis, Mayor
ATTEST:
Dan e Daskam, City Clerk
DEVELOPER:
Evergreen Tucci Partners LLC by Investco Financial Corporation, it Manager by:
~ ~
Signatur
Printed Name: Ma irT I ~'1 ~ • WCi ! 55
PAYBACK AGREEMENT #99
DEVELOPER'S EXTENSION
PAGE 5 OF 8
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 ~ ~ • P ~' 2~~ ~'
y"~°~`" ~c~a ~ •~~~''y Notary P blic in and,for the State of Washington
~~`~,`: ~~ ;~~ ~, ; ~; ~;'•. ~ ~!; Residing at ~c <Z~ ~','~ .
~~ = ~ -" ~ ~ MY appointment expires G~~ ~ y`~ - Z-e~c>~-
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Ord 4~ , ; ~},
SA iS
STATE OF WASHINGTON)
ss
COUNTY OF PIERCE )
I certify I have know or have satisfactory evidence that Martin D. Waiss is the person
who appeared before me, and said person acknowledged that he signed this instrument on
oath stated that he was authorized to execute the instrument and acknowledge as the
President of Evergreen Tucci Partners a limited liability company, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated S • 26 - 0 5
5 S ; ~ ~`~1
S~~lr?•'' ON ~ '~1 .GGI~
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~~`JG'(P1~Y ~N : ,% EN L. SAeTELt.
iu ~ G i ~ tart' Pubhc~.and for the State of Washington
~~O : ~~siding at Gvr,n~.~'
~~~ s+' 5-~' . •' ~~ ~v1y appointment expires .S- / - O ~
I~~•r,9~ .....•PS.~.-
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PAYBACK AGREEMENT #99
DEVELOPER'S EXTENSION
PAGE 6 OF 8
Exhibit B
Payback Agreement # 99
Sanitary Sewer Assessments for
Developers Facility Extension FA000-0003
Sanitary Sewer Assessment Distribution
Parcel Number Pro Rata Share ($)
052005-3050 $ 39,052.22
Totals $ 39;052.22.
PAYBACK AGREEMENT #99
DEVELOPER'S EXTENSION
PAGE 8 OF 8