HomeMy WebLinkAbout4133RESOLUTION NO. 4 1 3 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 C & M
DEVELOPMENT PARTNERS 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, C & M Development Partners 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 C & M Development Partners LLC, in the form
Resolution No. 4133
March 15, 2007
Page 1 of 2
substantially as the 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 2 day of , 2007.
CITY OF AUBURN
I
PETE B. LEWIS
MAYOR
ATTEST:
~G~u~f ~~r~~
Dani a E. Daskam, City Clerk
APP~cC31~/E1~=,4$,TO FOR
el B Heid~City Attorney
Resolution No. 4133
March 15, 2007
Page 2 of 2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
PACIFIC NW TIT AG 47.00
PAGE001 OF 008
09/19/2007 34:59
KING COUNTY, WA
~wr~ira~AO~rirr~
Above this line reserved for recording information.
---~ _ PAYBACK AGREEMENT #101
.` ~d`~`-J ` ~~'" ~~' ~~' DEVELOPER'S EXTENSION ~~ ~"" %
FAC03-0007
Reference # (if applicable):
Grantor City of Auburn
Grantee C & M Development Partners
LLC
Legal Description / STR: SW 04-21-OS
Assessor's Tax Parcel ID#: See Exhibit B
Y
This Agreement made and entered into this ~ day of ,
207, by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and C & M Development Partners LLC,
whose address is 23175 224' PL SE, Suite A, Maple Valley, WA 98038, hereinafter
referred to as DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution
No. ~/33 adopted by the City Council of the CITY on the ~~ day of
2007, approved the execution of this Payback Agreement with the
DEVELOPER above and referring to facilities described herein; and
Satd docurr~ant(s) weea flC~t# for
rat j hY Pacific Ntxttl~r~at 'i'dle ~c
PAYBACK AGREEMENT #101 ~WCO~PTI'i'ld(~S~IDl1 QI1i}'. ~f ;'fit A[~ ~a,~}~
DEVELOPER' S EXTENSION 3XSt71~'I0d ~} t0 prf3~5 •ki(~~pR p f
Page 1 of 8 ~~ ~,~ nS ~~~~ T9~'ff4 f~,
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;
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 White Mountain Trails,
King County, Washington.
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
FAC03-0007, 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 Exhibits 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
PAYBACK AGREEMENT #101
DEVELOPER'S EXTENSION
Page 2 of 8
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 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
A attached hereto, and totaling to not more than $307,922.51 in full amount for
sanitary sewer and to not more than $ 804,772.97 in full amount for water.
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.
PAYBACK AGREEMENT #101
DEVELOPER'S EXTENSION
Page 3 of 8
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 FAC03-0007.
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, 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
PAYBACK AGREEMENT #101
DEVELOPER'S EXTENSION
Page 4 of 8
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.
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.
ATTEST:
Danielle Daskam, City Clerk
CITY OF A
Pete B. ewis, Mayor
APP O ED TO FO
f;
iel B. Hei ity ttorney
DEVELOPER:
~i~: ~~Ga~c-~ ~~~lo ~
Signature
TITLE:
PAYBACK AGREEMENT #101
DEVELOPRR'S EXTENSION
Page 5 of Q~
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.
f w~ K.C.
b
Notary P blic in and for the State of Washington 'z,, AJ~y4` ~ ,~`~~.~
My appointment expires Cd-~ ~ ~ c.~ ~ ~ ~ ~~r~`~~'~''~~,,3-29",~,~'"`
~ ~ ~~~a~~..,~
rir,rlF,~i`w*~
STATE OF WASHINGTON)
ss
COUNTY OF KING )
~~
I certify I have know or have satisfactory evidence that J. Jeffs Potter is the person
who appeared before me, and said person acknowledged that he signed this instrument on
oath st ted that he was authorized to execute the instrument and acknowledge as the
~(~~r, lg,~~ '~v_~,ly,?~--.: of C & M Development Partners LLC a limited
liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated ~f ' ~ ~~r
Notary Public in and for the Site o .Washington
.. ~ s I f ",G~ % ,fit ''~~
""""""' y appo tment xpires
wotor hlbNc ~ ~
~w
MIOIIEA p NNMANK
PAYBACK AGREEMENT #101
DEVELOPF,R'S EXTENSION
Page 6 of ~
Exhibit A
Payback Agreement #101
White Mountain Trails
Water and Sanitary Sewer Assessment Distribution
Parcet Number Pro Rata Share ($)
Water Pro Rata Share (~)
Sanitary Sewer
786700-0026 $65,834.98 N/A
786700-0025 $65,550.66 N/A
786700-0031 $63,844.09 N/A
786700-0030 $63,844.09 N/A
786700-0037 $53,037.69 N/A
786700-0038 $10,377.15 N/A
786700-0035 $24,599.29 N/A
786700-0039 $26,589.85 N/A
786700-0041 $55,454.89 N/A
786700-0042 $68,252.18 N/A
786700-0040 $14,101.69 N/A
786700-0036 $14,219.20 N/A
052105-9031 $69,105.46 N/A
052105-9030 $35,405.69 N/A
052105-9166 $54,743.93 N/A
052105-9049 $26,305.53 N/A
052105-9122 $92,282.50 N/A
052105-9004 $ 1,224.10 N/A
786700-0006 N/A $ 63,306.57
786700-0014 N/A $ 24,015.77
786700-0012 N/A $ 18,855.97
786700-0010 N/A $ 4,761.32
786700-0011 N/A $ 25,263.32
786700-0017 N/A $ 4,020.18
786700-0060 N/A $ 46,763.52
786700-0061 N/A $ 21,634.22
786700-0062 N/A $ 24,061.28
786700-0055 N/A $ 24,485.04
786700-0054 N/A $ 19,616.68
786700-0058 N/A $ 5,495.54
786700-0056 N/A $ 17,633.02
786700-0057 N/A $ 8,010.08
Totat Costs $804,772.97 $307,922.51
PAYBACK AGREEMENT #101
DEVELOPER'S EXTENSION
Page 7 of 8
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