HomeMy WebLinkAboutMuckleshoot Tribe - Wynn Property
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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
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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
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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
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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
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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
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Muckleshoot Indian Tribe - City of Auburn
Wynn Property Agreement
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