The URL can be used to link to this page

Home My WebLink About4134RESOLUTION NO. 41 3 4 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 HEBERT BROTHERS LLC AND GATOR NW 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, Hebert Brothers LLC and Gator NW have constructed the utility improvements described in the attached payback agreement, and have 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 Hebert Brothers LLC and Gator NW, in the form Resolution No. 4134 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 1~ day of , 2007. CI ~UBURN PETER B. LEWIS MAYOR ATTEST: Da le E. Daskam, City Clerk APPROVE~lv4~ TO F iel B Heid, City Atto Resolution No. 4134 March 15, 2007 Page 2 of 2 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 rN~~i~r~~NNn~~N ;~~~; f, Above this line reserved for information. ~- ,~ ~~-"} ~ - ~~' PAYBACK AGREEMENT #96 ~N'N'1 PARK 280 OFF SITE SANITARY SEWER EXTENSION AC;U 1-UUZU Reference # (if applicable): Grantor City Of Auburn Grantee Legal Description / STR: Assessor's Tax Parcel ID#: (1) Hebert Brothers LLC NE 36-22-04 See Exhibit B (2) Gator NW LLC ~~ 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 Hebert Brothers LLC, whose address is 2020 A ST SE, Auburn, WA 98002, and Gator NW LLC, whose address is 4826 B ST NW #101, Auburn, WA 98001 hereinafter referred to as DEVELOPER. (~W~H~EREAS, pursuant to Chapter 35.91 RCW et seq., the CITY has by Resolution No. ~~r ,~ ~ 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 Said document(s) were filed i~ r~Cl by Pacific NorthWOCt TINe ~ a,~c~ornmodl¢tion only. Ii i~ eut Men s caFf4~1~ ilk t°^- iuC~~~~il~~l C~( PAYBACK AGREEMENT #96 88 ~ ~ i~OCt ti~Ot'1 ~~• DEVELOPER'S EXTENSION FACO1-0020 PAGE 1 OF 10 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 utility systems of the CITY; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. DEVELOPER The above-described DEVELOPER was the record OWNER of real property legally described as shown on Exhibit A submitted by the DEVELOPER and attached hereto. The real property described is also known as the Development of Park 280, King County, Washington. 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 on the attached Exhibit A, incorporated herein by this references, and processed as Developer Public Facility Extension, Extension herein referenced as FACO1-0020, 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 Exhibit A and listed on Exhibit B with assessment amounts, which are by this reference incorporated herein as if fully set forth. 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 of recordation, 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 pro rata share of the cost of construction of said facilities PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION FACOI-0020 PAGE 2 OF I O 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. 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, consisting of $31,127.59 for developer's property and $432,642.80 for benefiting parcels for an amount totaling not more than $463,770.39. As per agreement between Hebert Brothers LLC and Gator NW, 10% of the monies collected by this agreement will be directly reimbursed to Gator NW and 90% will be reimbursed to Hebert Brothers LLC. The CITY shall reimburse the DEVELOPER within 90 days of receipt of any amounts collected. 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 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 City Engineer 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 City Engineer, 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 adjusted Exhibits A and B shall be recorded with this agreement and 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 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 #96 DEVELOPER'S EXTENSION FACO1-0020 PAGE 3 OF 10 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 FACOl-0020. 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. PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION FACOI-0020 PAGE 4 OF 10 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 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 UB~ .~- C-- ._ . _~ Pet r B. Lewis, Mayor ATTEST: Danielle Daskam, City Clerk APP VED F RM: D iel B. Heid, ity A orney 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. Dam, ~? ~ • a~~ c~-~ ~' ~` ? /' Notary ublic in and for the State of Washington PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION FACO1-0020 PAGE 5 OF 10 ~w~~~~o~o\\1\i11r r ,=~ ~~~OZl1'Rj "p~y~~~ z ~''= F- xfl _ i~:V ~ ^~ rZ t~F O~ P~~\`+~ 11111\kt\\~~~~ Residing at / ~ [ -`i ~'~ My appointment expires 7 <<' -3 ~ `'i ~ l I DEVELOPER: Henry Hebe -Hebert Brothers LLC Title STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I know or have satisfactory evidence that Henry Hebert 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 fY~ ~ rl ~ ~ ~ r. <;~ M ~ ~, b ~ ~- of Hebert Brothers 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 `~ ~4 ~os ~" ~~~~<~rn~'I . ~c~~ 9 , _.._ ~ r---~~ ~ G ~ Z ~ Notary Publ' d for the tat of ashington °°, ~. pU~~~ : ~~o ~ Residing at ~ cx w<< ~ y `'iy ~~r~ r y 1 ~ ~~ a~~~ " My appointment expires ~i /~ /o ~ W ~~dm..::~°~ PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION FACO1-0020 PAGE 6 OF 10 Title STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I know or have satisfactory evidence that Doug Kirby 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 ~~~MS ~~~~~=- of Gator NW 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 ~~ ~ ~ ~°'s :o~~pTARy9cN:. '~ ~ ! ~2~~ ~. ~. ~"" ~ Notary Public and for the S ate of ashington %% N':, pUBt-`G •;~p Residing at r ~~-~> e~ ~~ ~^~~ ~ y ~i a q~,'• r y _ ~ c~~o~o~ ~~ ~ My appointment expires ~ ~ / i g / o :~- •• 9° ~~ ~~ ~i~e~a~aa~~~`~ PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION FACO1-0020 PAGE 7 OF 10 z4 v~,..~.~q 1AY3--i%i -d7 06-73 106-ikM f 52 ~ / ~' / //~ ~~r t :~ ~,..~ +II w ~ .~ ,, {, ~~ /t ,~ f' -~ ~ . ~ F' / v G ~ ~' ~ G f f r I, " , ' <~ ~` ~ I ~ F ~ -p,G J' ca / r' J F * Jf ~ f° r. Y ,. r f _~ ` d ~ ~ ±~ ~ . f f / ~ / l , z ~~ '' .~ ~ ~ ` . ~ r / s ~. f , r l .j P ~- f/' 'P r r'fJ ~ lfJ ,f !° ! 3 fi F ~' f e+ ~~J f I ~ ~~ G ~ ~ 2 •° ,~ // ,. ', ~ f f ~ ~ ~~ ,~ /~ ~ `~ `1 ,J / ~ '!~ y ! ~"Il ! Il J .r!' ~ / /. f 406- 11 ~~ ' / ,.. .,. :7CX9._apf. -, n'u~.. PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION PAGE 8 OF ~ Q PAYBACK # 96 PARK 280 EXHIBIT A 1"=400' ® PARCELS OWNED BY DEVELOPER ;~.~,,,~,` PARCELS BENEFITED SEWER LINE INSTALLED BY DEVELOPER Exhibit B PAYBACK AGREEMENT #96 - DEVLOPERS FACILITY EXTENSION FAC01-0020 Park 280 -Hebert Construction Sanitary Sewer Assessment Distribution 1 E E 1C 11 1~ 1< 14 1: 1E 17 1f 1f 2C 21 2~ 2' 24 2° 2E 2i 2f 2~ 3C 31 3~ 3' 34 3° 3E 37 3E 3~ 4C 41 4e 4~ 44 4° 4E 47 4E Tax Lot Front Footage (LF Frontage Assessment Area (st) Area Assessment Total Assessment 936000-0184 373.00 $ 33,570.00 - $ - $ 33,570.00 936000-0191 300.00 $ 27,000.00 49,970 $ 5,306.90 $ 32,306.90 936000-0189 370.80 $ 33,372.00 114,839 $ 12,196.11 $ 45,568.11 936000-0192 90.00 $ 8,100.00 19,008 $ 2,018.68 $ 10,118.68 936000-0190 35.00 $ 3,150.00 55,321 $ 5,875.19 $ 9,025.19 936000-0185 10.00 $ 900.00 127,195 $ 13,508.34 $ 14,408.34 936000-0135 70.00 $ 6,300.00 182,952 $ 19,429.83 $ 25,729.83 936000-0181 72.93 $ 6,563.70 20,211 $ 2,388.09 $ 8,951.79 936000-0166 90.50 $ 8,145.00 21,966 $ 2,595.45 $ 10,740.45 936000-0179 103.78 $ 9,340.20 33,818 $ 3,995.86 $ 13,336.06 936000-0175 50.00 $ 4,500.00 3,750 $ 443.09 $ 4,943.09 936000-0160 197.00 $ 17,730.00 48,787 $ 5,764.56 $ 23,494.56 936000-0170 305.58 $ 27,502.20 101,495 $ 11,992.42 $ 39,494.62 936000-0163" 160.00 $ 14,400.00 Total Frontage 2,228.59 $ 200,573.10 43,560 $ 5,146.95 $ 19,546.95 936000-0183 108,029 $ 12,764.46 $ 12,764.46 429720-0085 32,800 $ 3,875.57 $ . 3,875.57 429720-0115 17,160 $ 2,027.59 $ 2,027.59 429720-0185 13,600 $ 1,606.95 $ 1,606.95 429720-0155 7,100 $ 838.92 $ 838.92 936000-0171 11,532 $ 1,362.60 $ 1,362.60 936000-0147 98,010 $ 11,580.64 $ 11,580.64 936000-0129 12,377 $ 1,462.44 $ 1,462.44 936000-0134 18,043 $ 2,131.92 $ 2,131.92 936000-0133 18,235 $ 2,154.61 $ 2,154.61 936000-0130 14,472 $ 1,709.98 $ 1,709.98 936000-0128 10,918 $ 1,290.05 $ 1,290.05 936000-0127 9,282 $ 1,096.74 $ 1,096.74 936000-0146 53,579 $ 6,330.77 $ 6,330.77 936000-0152 6,450 $ 762.12 $ 762.12 936000-0140 76,230 $ 9,007.16 $ 9,007.16 936060-0005 40,031 $ 4,729.97 $ 4,729.97 936060-0010 43,560 $ 5,146.95 $ 5,146.95 936060-0015 33,098 $ 3,910.78 $ 3,910.78 936060-0175 4,536 $ 535.96 $ 535.96 936060-0025 43,560 $ 5,146.95 $ 5,146.95 936060-0030 87,120 $ 10,293.90 $ 10,293.90 936060-0154 33,150 $ 3,916.93 $ 3,916.93 936060-0040 43,560 $ 5,146.95 $ 5,146.95 936060-0045 43,560 $ 5,146.95 $ 5,146.95 936060-0050 43,560 $ 5,146.95 $ 5,146.95 936060-0055 43,560 $ 5,146.95 $ 5,146.95 936060-0060 70,567 $ 8,338.04 $ 8,338.04 936060-0062 12,197 $ 1,441.17 $ 1,441.17 936060-0066 47,045 $ 5,558.73 $ 5,558.73 936060-0075 14,517 $ 1,715.30 $ 1,715.30 936060-0076 14,515 $ 1,715.06 $ 1,715.06 936060-0077 14,516 $ 1,715.18 $ 1,715.18 936060-0080 14,523 $ 1,716.00 $ 1,716.00 PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION PAGE 9 OF 10 Exhibit B PAYBACK AGREEMENT #96 - DEVLOPERS FACILITY EXTENSION FAC07-0020 Park 280 -Hebert Construction Sanitary Sewer Assessment Distribution 49 50 51 52 53 54 55 56 57 58 59 Total Amount of Assessment *Developer's Property included for information only. Tax Lot Front Footage (LF) Frontage Assessment Area (sf) Area Assessment Total Assessment 936060-0081 14,520 $ 1,715.65 $ 1,715.65 936060-0082 14,522 $ 1,715.89 $ 1,715.89 936060-0100 43,560 $ 5,146.95 $ 5,146.95 936060-0105 43,560 $ 5,146.95 $ 5,146.95 936060-0115 43,560 $ 5,146.95 $ 5,146.95 936060-0120 68,389 $ 8,080.69 $ 8,080.69 936060-0125 35,442 $ 4,187.75 $ 4,187.75 936060-0127 7,424 $ 877.20 $ 877.20 936060-0130 13,975 $ 1,651.25 $ 1,651.25 936060-0136 10,824 $ 1,278.94 $ 1,278.94 936060-0140 9,448 $ 1,116.35 $ 1,116.35 Sub-Total for the Area Assessments 2,283,088 $ 263,197.29 $ 463,770.39 PAYBACK AGREEMENT #96 DEVELOPER'S EXTENSION PAGE jp OF 10