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HomeMy WebLinkAboutMuckleshoot Tribe - Wynn Property . AGREEMENT ON THE DEPOSIT OF FUNDS AND RESOLUTION OF ISSUES RELATING TO SEWER, WATER AND STORM WATER CHARGES ON THE WYNN PROPERTY This Agreement is made between the Muckleshoot Indian Tribe (hereinafter Tribe) and the City of Auburn (hereinafter City) for resolution of permit fees and System Development Charges associated with construction activity on the lands within the Muckleshoot Indian Reservation as more fully set out herein" RECITALS WHEREAS, the Tribe is constructing a new Bingo facility and Smoke Shop on lands located within the Muckleshoot Indian Reservation commonly referred to as the "Wynn Property" (hereinafter Property) where said Property is presently occupied by a retail shopping mall and parking lot; and, WHEREAS, the Tribe requires immediate connection to existing City water and sewer lines presently located on the Property; and, WHEREAS, the City contends that the Tribe has not paid System Development Charges (SDC) for water, sanitary sewer, fire and street permits together with storm permits and past monthly billings associated with services provided by the City to the Property related to the construction of a parking lot and the shopping mall, as more fully itemize herein; and, WHEREAS, the Tribe anticipates that the construction of the new Smoke Shop will increase the impervious surfaces on the Property, and without admitting that a SDC is owed for those additional impervious surfaces, desires to address any SDC for the new Smoke Shop and Bingo Facility in this Agreement; and, , WHEREAS, the Tribe contests the applicability of any storm water permits, SDCs and montWy fees related to storm water service to the Property because the Tribe has constructed water quality treatment and retention facilities on the Property and therefore does not impact the City with storm water runoff from the Property; and, WHEREAS, the City is not willing to allow the Tribe to move existing water meters on the Property to the new Smoke Shop or permit additional water meters to the Property from the City's water facilities until outstanding storm water permits and SDCs are paid; and, Muckleshoot Indian Tribe - City of Auburn Wynn Property Agreement Page 1 of5 " WHEREAS, the Tribe extended the public water system and as result the Tribe has a credit in the amount of$65,559.42; and, WHEREAS, the City and Tribe wish to resolve all outstanding issues with respect to water, sewer and Storm Water pennits and_charges relating to the Property. NOW THEREFORE, the Tribe and City agree as follows: I. Amounts in issue. 1. Water: a. Permit Fee 1.5" domestic meter (WTR97-0471) $ 235.00 b. System Development Charge for 1.5' meter (WTR97-0471) $ 2,900.00 c. Charge in lieu of assessment (WTR97-0471) $11,706.00 d. Permit fee 2" domestic water meter (WTR97-0472) $ 335.00 e. System Development Charge for 2" water meter (WTR 97-0472) $ 4,640.00 f. Permit for 2 fire line connections (WTR 97-0473) $ 150.00 g. Permit for Deduct meter 1.5 (WTR97-0474) $ 235.00 h. Permit for Backflow Device (pL97-0473) $ 71.00 i. Outstanding, monthly bill as of August 10, 2005 $ 276.08 Total Water $ 20,548.08 2. Sewer a. Permit Fee (SWR97-0453) b. System Development charge (SWR97-0453) c. Outstanding monthly bill as of August 10, 2005 Total Sewer 3. Storm a. Permit fee (original Smoke Shop STM97-0313) b. System Development Charge (STM97-0313) c. Permit lower parking lot d. System Development Charge (lower parking lot) e. Outstanding monthly bills as of August 10, 2005 f. System Development Charge for new Bingo and Smoke Shop g. Permit fee for new Bingo and Smoke Shop Total Storm 4. Street Sidewalk/driveway - (SPC98-0001) Muckleshoot Indian Tribe - City of Auburn Wynn Property Agreement $ 45.00 $ 3,841.40 $ 338.37 $ 4,224.77 $ 100.00 $19,776.00 $ 100.00 $103,137.47 $16,638.25 $ 8,796.88 $ 100.00 $ 148,648.60 $ 100.00 Page 20f5 '" 5. Tribal Credit The Tribe has a credit balance with the City in the amount of$65,559A2. II. Additional Permits Anticipated It is anticipated that to complete the new Smoke Shop and Bingo facility the following additional permits from the City will be required. 1. Water: a. Permits for the relocation of existing meters or the establishment of new meters. b. An additional SDC if additional meters are established upon the Property. If an existing meter is to be enlarged then the Tribe will be given current credit value for the existing meter and pay the difference in the SDC between the larger SDC and the existing SDC. c. Permits for the inspection of fire line connections to the public water system. d. Permits for the installation of back flow protection devices. 2. Sanitary Sewer a. Permits to inspect the abandonment of existing side sewers serving buildings that will be demolished in the future. b. Permits for the inspection of new side sewers to buildings. c. Side sewer revision permit if the existing side sewer is being altered from how it was established with the initial side sewer permit. d. A new SDC for the new Bingo facility and Smoke Shop which will be based on Residential Customer Equivalents (RCE), which in turn are based upon the establishment of plumbing fixtures within buildings to be served. A credit for existing fixture units is given when a building is being demolished. No refunds are given ifthe new RCE is lower than the old RCE. 3. Storm water: a. A $100.00 permit fee to process a change in the impervious surface for the Property. This is accounted for in section 1.3.g above. . b. A new SDC in the amount of$ 8,796.88 to account for the increase in impervious surface as a result of the new Bingo facility and Smoke Shop. This is accounted for in section I.3.f above. No other utility permits issued by the City are anticipated. The City shall use its best efforts to facilitate the issuance of these and any other permit as may be required to complete the new Bingo Facility and Smoke Shop. The water connection permits required for the Smoke Shop shall be issued within one business day of the day that this Agreement is signed by the Tribe. Muckleshoot Indian Tribe - City of Auburn Wynn Property Agreement Page 3 of5 '" III. Agreed Payments 1. Water. Street and SanitarY Sewer: The City shall invoice the Tribe for the Water, Sewer and Street amounts set out under Sections 1.1, 2, and 4, in the total amount of$24,872.85. Upon receipt and review of the invoice sent, the Tribe shall direct the City to reduce the credit noted above in section 1.5, by the invoiced amount arid the City shall thereafter send notice to the Tribe that those amounts are paid in full. 2. Storm Water: a. The City shall invoice the Tribe in the amount of the total storm amounts set out under part 1.3 ($148,648.60) less the remaining Tribal credit ($40,686.57) for a net amount of $1 07,962.03 which shall represent the full amount claimed by the City with respect to Storm Water System Development Charges and past due monthly Storm Bills related to the original shopping mall, the parking lots, and the new Bingo facility and Smoke Shop and all impervious surfaces related thereto. The City agrees that this amount represents all charges, fees, past due monthly bills and assessments associated with Storm water for the Property as of the effective date of this Agreement. The Tribe shall pay the invoice within 14 days of the date that the Tribe receives the invoice, subject to the reservation of rights set out in section II1.2.c below. b. The City and Tribe agree that future monthly Storm bills shall be based on the fact that the Tribe maintains a storm water retention and water quality system on the Property. As of the date of this Agreement the monthly storm water bill is set at $404.82 which figure is subject to change. The Tribe will not be charged a rate different from any other City party that maintains storm water retention and water quality facilities. c. The Tribe and City recognize and agree that the payment made by the Tribe under section II1.2.a of this Agreement is made under protest, and the Tribe reserves the right to seek a refund along with its costs to the extent permitted by law. Muckleshoot Indian Tribe - City of Auburn Wynn Property Agreement Page 4 of5 . IV. General Provisions 1. Reservation: By entering into this Agreement the Tribe is not admitting that it is subject to any Strom Water charges, assessments or bills. Tribal agreements set out herein are not admissions of liability. Except in any proceeding to enforce the terms of this Agreement among the parties hereto, this Agreement may not be used or introduced in any judicial, administrative or legislative proceeding without the agreement of all parties. 2. Effective date: The effective date of the Agreement shall be the date the last party signs this Agreement. The Muckleshoot Indian Tribe The City of Auburn SEP 1 4 ?005 Dated: G B'~ =s{;? Title: I1ltvo 12.. . ...,. ~ Dated: 'J ,- <') -u '-) B, J~O~A1 Title\! (7 - (i -f) .:; vY Muckleshoot Indian Tribe - City of Auburn Wynn Property Agreement Page 5 of5