Loading...
HomeMy WebLinkAbout4132RESOLUTION NO. 4 1 3 2 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 JPS HOLDINGS LLC WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City Engineer to develop, implement, and administer facility extension payback agreements for utility improvements, and to execute those agreements upon Council approval; and WHEREAS, JPS Holdings LLC has constructed the utility improvements described in the attached payback agreement, and has agreed to deed those improvements to the City; and WHEREAS, pursuant to ACC 13.40.030, the City has received and approved plans for the improvements; and WHEREAS, the City Council finds that entry into the payback agreement is in the best interest of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the City Engineer of the City of Auburn is hereby authorized to execute a Payback Agreement for Developer's Extension between the City and JPS Holdings LLC, in the form substantially as the Resolution No. 4132 March 15, 2007 Page 1 of 2 agreement attached hereto, marked as Exhibit "A" 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. Section 3. That this resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this ?~ day of fic~ , 2007. CITY OF AUBURN PET R B. LEWIS MAYOR ATTEST: D ielle E. Daskam, City Clerk Resolution No. 4132 March 15, 2007 Page 2 of 2 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 - 20070919002386 PACIFIC NW TIT AG 47.00 PAGE001 OF 008 09/18/2007 14:58 KING COUNTY, WA Above this line reserved for recordin information. ~~y..l~. W 1~~j`~ `~~' PAYBACK AGREEMENT #103 ~ ~~ DEVELOPER'S EXTENSION "~ FAC04-0006 Reference # (if applicable): Grantor City of Auburn Grantee JPS Holdings LLC Legal Description / STR: NE 092105; NW 102105 SE 042105; SW 032105 Assessor's Tax Parcel ID#: See Exhibit A This Agreement made and entered into this ~ day of , 2007, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter called the CITY and JPS Holdings LLC, 18124 Riveria Place SW, Seattle WA 98116, hereinafter referred to as DEVELOPER. WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No. C~/3Z adopted by the City Council of the CITY on the ~ day of 2007, approved the execution of this Payback Agreement with the D VELOPER 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, as part of the utility systems of the CITY; ~ document(sy wee {~ ~ r !1y Paaflc Northwest 71l~e ds PAYBACK AGREEMENT #103 ~ DEVELOPER'S EXTENSION 3'xi~iTtillod ac to proper pxc?n~nn caF PAGE 1 OF 8 A8 t0 ItS 3ffE?d;t ' ~+^"" ""' ' NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The real property described is also known as the Plat of Marchini Meadows, King County, Washington. II. FACILITIES The facilities which have been constructed by the DEVELOPER area 1,800 gpm booster skid package at the Lea Hill Intertie Pump Station processed as Developer Public Facility Extension, Extension herein referenced as FAC04-0006, 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, 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 Exhibit A, 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 A 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. Payment of the latecomers pro rata share is a condition of issuance of the connection permit by the CITY. PAYBACK AGREEMENT #103 DEVEI,oPER'S EXTENSION PAGE 2 OF 8 The CITY shall reimburse the DEVELOPER at six (6) month intervals any such amounts collected. 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 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 $205,075.16 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 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 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 PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 3 OF 8 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 FAC04-0006. 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 Exhibit A, 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 devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 4 OF 8 settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. XI. 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 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 RN ~~ Peter B. Lewis, Mayor ATTEST: ~~ ~:~ -~ Danielle Daskam, City Clerk DEVELO TITLE: ~ ~ ~~'~~'~ ~ /~. PAYBACK AGREEMENT # 103 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. .. P~ti~ ~. C`I'~- ,~, ,,,.~~~~,ti„ti ~c +r fiJ~n~~ ~ ~~ ~~j~~re ~' rn~ i ~' p i ~ ~~~ ~.' H L\U : xi. ~j F ~~~~~~~~~,,..,~~" Cy r`I ~'O lt~ ~H~aa STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Joe Singh 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 Manager of JPS Holdings a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated ~ - ~ ~ ~' ~' -,~, 9r d 2 ~P8 .. bg << r yk~ r.~ti x ti. ,~ Notary Public ' and for the Residing at ~l~ ¢ ~C~- My appointment expires-, ~~~~ ~~ 1~'\ ~.L.J ~Z''~C=~) L'L.~.. to of Washington ,/` /.i~G1 ./ ~ I PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION PAGE 6 OF 8 Notary ublic in and for the State of Washi on My appointment expires C~ - PAYBACK AGREEMENT #103 DEVELOPER'S EXTENSION Exhibit A Marchini Meadows Water Booster Pump Station Payback #103 Parcel Number Parcel Size in SF Possible lots Total Possible Payback 102105-9007 1,243,202 75 $16,809.75 102105-9022 305,791 42 $9,413.46 102105-9063 236,095 33 $7,396.29 102105-9044 253,955 35 $7,844.55 102105-9041 13,200 2 $448.26 102105-9074 12,206 2 $448.26 102105-9032 69,696 10 $2,241.30 102105-9006 486,130 67 $15,016.71 102105-9095 152,460 21 $4,706.73 102105-9059 43,560 6 $1,344.78 102105-9079 232,175 32 $7,172.16 102105-9058 155,945 21 $4,706.73 032105-9012 320,602 44 $9,861.72 032105-9148 108,900 .15 $3,361.95 032105-9145 108,900 15 $3,361.95 032105-9160 87,120 12 $2,689.56 032105-9191 43, 560 6 $1, 344.78 032105-9192 10 $2,241.30 032105-9161 147,668 20 $4,482.60 032105-9159 131,551 18 $4,034.34 032105-9157 85,813 12 $2,689.56 032105-9153 43,560 6 $1,344.78 032105-9147 582,397 80 $17,930.40 032105-9040 106,286 15 $3,361.95 032105-9044 199,505 27 $6,051.51 032105-9144 21,200 3 $672.39 032105-9151 105,851 15 $3,361.95 032105-9136 108,900 15 $3,361.95 042105-9077 414,691 57 $12,775.41 042105-9015 356,321 49 $10,982.37 894670-0210 35,747 5 $1,120.65 042105-9053 30,480 4 $896.52 042105-9063 23,040 3 $672.39 092105-9078 181,645 25 $5,603.25 092105-9232 6,275 1 $224.13 092105-9158 139,827 19 $4,258.47 092105-9159 43,560 6 $1,344.78 092105-9160 58,806 8 $1,793.04 092105-9161 38,016 5 $1,120.65 092105-9033 64,033 9 $2,017.17 092105-9162 38,016 5 $1,120.65 092105-9134 89,298 12 $2,689.56 092105-9136 87,120 12 $2,6$9.56 092105-9115 93,654 13 $2,913.69 092105-9114 83,200 11 $2,465.43 092105-9154 87,991 12 $2,689.56 PAGE 7 OF 8 ~ ~ C. - - - rT~T\- - -- t~ vw~' -I LEGEND Payback Area ~~OF LEA HILL BOOSTER STATION BOUNDARY ' MARCI-N MEADOWS PAYBACK ~ WASHINGTON ~7 N ~aae g ~ -F 8