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HomeMy WebLinkAbout4479 i 1 ORDINANCE NO. 4 4 7 9 2 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING CODIFIED CITY ORDINANCE 13.20.410 RELATING TO SEWER CHARGES, 4 CHAPTER .13..41.RELATING.,TO UTILITY,_SYSTEMS".DEVELOPMENT CHARGE AND CHAPTER 13.48 RELATING TO STORM DRAINAGE UTILITY. 5 THE CITY COUNCIL OF THE CITY OF AUBURN,'WASHINGTON, DO 6 ORDAIN AS FOLLOWS : 7 section 1. Section 13.20.410, entitled Charge in lieu of 1. 8 assessment--Method of computation of Chapter 13.20 of the 9 Auburn City Code, be amended as follows: 10 11 13.20.410 Charge in lieu of assessment--Method of computation. 12 ~~Sa}~_ehages-shall-be-eempttteel-en-a-€ent-€eet-basis 13 €e-tl~e-aetttal-nt3ml~e~-e-lneal-€eet-a€-se6ae~-lr~e-entng-en 14 the-p~epe~ty-19e~ng-se~~*eel-anel-mttl~~plleel-bp-ene-l~al~-tl~e 15 eempttteel-east-pew-l~rieal-€eet-ef-~eplaeex~ent-e~-said-se~e~ 16 line---The-eity-engineer-shall-annually,--em-clanuary-lst; 17 eempute-the-east-ef-replaeement-en-the-basis-a€-the-best 1$ a~ra~leble-~n€e~°ntat~en---Stzel~-eha~ge-shall-be-made-by-tl~e-eltp 19 at-tke-time-e-appleaten-€e~-eenneetlen-)) Property not 20 Previously assessed for-sewer-lines abutting their property 21 may be connected to the abutting sewer.line; provided, that 22 all such property shall pay a charge in lieu of assessment in 23 an amount ectual to the assessable units of frontage, 24 25 26 Ordinance No.-4479 December 12, 1990 Page 1 0 4 r , r 1 2 multiplied by one-half the computed cost per linear foot of 3 sewer line for the year in which the sewer line was 4 constructed In computing the assessable units of frontage 5 for unplatted property eighty feet shall'be considered,an 6 average lot for residential` areas only.,. 7 Section 2 Chapter 13.41,-entitled Utility Systems 8 Development Charge of.the Auburn City Code, be amended as 9 follows: 10 Chapter 13.41 11 UTILITY SYSTEMS DEVELOPMENT CHARGE 12 Sections: 13'.4`1.010 Definitions. 13 13.41.020 Purpose.' 13.41.030_ Utility-systems development charge imposed-- 14 Rates Review 13.41.040 Collection. 15 13_...41.050 'Credits. 13.41.060 Segregation and use,of. revenues. 16 .13.41.070 Appeals.., 13.41.080 Scope. 17 13:41.010- Definitions. 18 As. used in this chapter, unless the context otherwise 19 requires; 20 A. "Extra capacity facilities" 'includes but is not 21 limited to: 22 1. For water, participation in pump stations, 23 standby generators, reservoirs, and large 24 25 26 Ordinance No. 4479 December 12, 1990 Page 2 1 2 transmission lines needed to improve fire flow 3 and pressure.; 4 2. For sewers, participation in lift stations, 5 force mains, -largei trunk lines needed to 6 improve capacity. or eliminate: a. storm- and 7 sanitary sewer cross-connection. 8 3 For storm drainage participation in .pump 9 -stations standby:'generators, regional storage 10 facilities large conveyance lines, regional 11 water quality facilities. stream, creek or. 12 river improvements "and.. diversion facilities 13 needed to improve capacity or eliminate storm 14 and surface water flooding problems. 15 ( (B--Uut!Iity,--sys-tem9--4evei-e~t--ehargeu- -fo-r- -the 16 p~?~pese--o~-ee€€eet~e~; --~-pest€e~-~rf--the--~~t-s--e€ 17 18 €se€€~t~es--trpoi`r-'i~pofl~r~~--~eea~eel--~-i-~ri~r--easel 19 witheut--the- -.ditty-! ~ Ne. --3ee&--€er--these 20 €ae€~€1res-).) 21 B "Utility systems development charge" is, for the .22 purpose of collection a portion of the costs of 23 increasing the capacity of sewer, water and storm 24 25 26 Ordinance No. 4479 December 12, 1990 Page 3. 1 2 drainage facilities upon properties which create 3 need for those facilities. The sewer and water 4 utility system development charge is imposed on 5 _..,properties located within and without the city and 6 the storm drainage utility system development charge. is imposed' on properties located only within the 7 8 city. 9 13.41.020 Purpose. 10 The-city council has determined that it is reasonable and 11 in the public interest,to enact and impose a utility .systems development charge for the purpose of recovering a fair share - 12 13 of the costs. of ( (aelditiene~--e}~aet~--seeL--acrd--t 14 tae~ties-onr~x>se-i°ege~ies,--~eeateel-iri-n--a-r-6athet~t 15 the i ii -rrit~-,- pr ek-as--past ~>=-tke r- e3 rt -a~►c--tree 16 ereate-n6eds-€et-.these-€aeilities:).)additional.capacity sewer, 17 water and storm drainage-facilities from those properties,... 18 which as apart of their development and use create needs for 19 those facilities The -sewer and water utility system 20 development charge is imposed on properties located within.and 21 without.-the city, and -the storm drainage utility system 22 development charge is imposed on properties located only I, 23 within the city. The city council finds that the public would 24 25 26 Ordinance No. 4479 December 12, 1990 Page 4 1 2 benefit from a logical long-range approach to the financing of 3 necessary central facilities. Experience has demonstrated 4 that the lack of such provision..casts-an.unfair and unexpected 5 burden on taxpayers and•residences in-the forme-of taxes,-,:-bond. 6 interest-costs and-assessments-when core or-central facilities 7 become 'inadequate causing a,crisis Operating from crisis to 8 crisis is wasteful,-.unsafe and no longer an acceptable method 9 of local government;- and. debt financing should be minimized 10 wherever possible. The utility systems development charge 11 herein described is-designed and calculated to be of such 12 amount as. will. eventually create reasonable reserves to. pay 13 the public's -fair share- of basic and essential services 14 facilities as the needs-arise. 15 13.141.030 Utility systems development charge imposed-- Rates--Review.. 16 ((~4--~4-tr~~~~~y-sysiremg-de~ae~egmen~-el~arge-i9-i~npeseel-ttpe~ 17 ail-le"ds-4-r--t4we--e~k1=y, all- a -&red"by- t-he -e4:ty 18 but- eatside-tire- -rf--tyre--e-rt-y-,-~n& -&I-I- -lands 19 20 21 ef-the-e-itn, •ept--t4iase--1-tnds-~~eftt13_teI*-trr&er-th4:5 22 ekapeer;-at-t e-€elIewimq-rate's 23 24 25 26 Ordinance No. 4479 December 12,'1990 Page 5 r 1 2 A. A sewer and water utility system development charge 3 is imposed upon all lands in the city, all lands 4 owned by the city but outside the boundary of the 5 city and all lands outside the boundary of the city 6 which utilize either sewer facilities or water 7 facilities or both of the city, and a storm drainage 8 utility system development charge is imposed upon 9 all lands in the city, except those lands exempted 10 under this chapter, at the following rates: 11 Meter Water Sewer 12 Size Cost/Meter Cost/Meter (in inches) 13 3/4 $ 420 $ 210 1 1,052 526 14 1-1/2 1,894 947 2 2,946 1,473 15 4 9,046 4,523 6 16,622 8,311 16 Storm Drainage 17 Single family parcels -$400.00/parcel 18 Multi-family, two residential unit parcels -$400.00/parcel Multi-family, three residential unit parcels -$400.00/parcel 19 Other parcels -$400.00/E.S.U. 20 B. The utility systems development charge imposed shall 21 be reviewed annually by the city council and the 22 rates of charges shall be revised to reflect changes 23 24 25 26 Ordinance No. 4479 December 12, 1990 Page 6 1 2 in costs of construction occurring since the 3 preceding review. 4, •13.41.040 Collection. 5 ((9p,he-utility-systems-devel6pment-eharge-4:s-4:mmed4:atel-y 6 dtte-arid-peyeb~e-t~peri-ebta~n~r~g-a-~aa~~d-pe~~1:-€er-eenneelrien 7 Ire-the-sewer-er-water-system-e€-the-eity:}}7 g The water and sewer utility systems development..charge is 9 immediately due and payable upon obtaining a valid permit for 10 connection-to the sewer or water`::system of the city-and the 11 storm drainage utility system development charge is 12 immediately due and payable upon obtaining a valid permit-for 13 connection to the storm drainage-system-of the city or 14 obtaining a valid building permit. to develop the parcel. 15 13.41.050' Credits. 16 Credits willi be granted under..the, provisions, of this 17' chapter as set forth in written-agreement, recorded in the 18 King County auditor',s office, as negotiated between the land 19 developer- and the city council ((ut4:-14:ty))pub1:ic works 20 committee and as ratified by the city council. 21 13.41.060 segregation and use,of revenues. 22 All funds derived from the utility systems development 23 charge are to be segregated by'.appropriate.approved accounting 24 25 26 Ordinance No. 4479 December 12; 1990 Page 7' 1 2 practices from all other funds of the city, 'that portion of 3 the utility_systems,development charge calculated and 4 collected on account of sewers shall be used for.no other 5 purpose than installing, constructing, and extending:.extra 6 capacity sewer facilities;- and-that portion of the utility 7 systems development charge calculated and collected on:account 8 of water shall be used-for no.other purpose than installing, 9 constructing,-and extending extra capacity water facilities; 10 and_: that -portion of the--utility-systems development .charge TT calculated,,and collected on account of storm drainage shall be 12 used for no other purpose than installing, constructing, and 13 extending,extra capacity storm drainage facilities 14 13.41.070 Appeals. 15 Any person who is aggrieved by any decision required or 16 permitted to`be made by the public works.di-rector under this 17 chapter may appeal ..that decision--.to the.city. council 18 ((utility)) public works committee by filing a written request 19 with the city clerk, describing with particularity that 20 portion of the decision of the public works director from 21 which.the person appeals. The written appeal shall be filed 22 within ten days-from the.date of the Assuance of the written 23 decision by the..public works director. Thereafter any person 24 25 26 Ordinance No. 4479 December 12, 1990 Page 8 1 2 who is aggrieved by any decision of the city council 3 ((utillty))public works committee may appeal that decision to 4 the entire city council by filing a written request with the 5 city clerk describing with particularity that portion of the 6 decision of the city council ((utility))public works committee 7 from which the person appeals. The written appeal shall be 8 filed within ten days from the date of the issuance of the 9 written decision by the city council ((utility})public works 10 committee. Failure to so file the written appeal within ten 11 days shall bar any further appeals on that decision 12 thereafter. In determining the appeal, the city council 13 ((ut!14ty))public works committee or the entire city council 14 shall determine whether the public works director's decision 15 or the city council ((utility})public works committee's 16 decisions were correct and may affirm, modify, extend, or 17 overrule either of those decisions. 18 Chapter 13.48 19 STORM DRAINAGE UTILITY 20 21 13.48.020 Established. 22 The city council creates and establishes for and on 23 behalf of the citizens of the city a storm drainage utility, 24 25 26 Ordinance No. 4479 December 12, 1990 Page 9 1 2 ( (as-pale-a€-lie-sani~ap-sewer-~1=~1:p_)) , in accordance with and subject to the'laws of the state including the 3 establishment of_rates and charges therefor. The city council 4 5 further establishes that the storm drainage utility boundaries 6 shall coincide with the legally established boundaries of the 7 city's corporate limits 8 13.48.030 Storm drainage system defined. 9 The city council declares that the "storm drainage 10 system" shall be defined as follows: Natural and manmade 11 storm drainage facilities used for the-conveyance and/or 12 storage.or water quality treatment of storm and surface water r 13 within the boundaries established in Section 13.48.0.10 14 including, without limitation, all such properties, interests 15 and.rights acquired by adverse possession or by prescription. 16 The definition also includes the conveyance or storage of 17 storm and surface waters that flow through, under, or over I 18 lands, land forms, water courses, sloughs, streams, ponds, 19 rivers, lakes-.and swamps, beginning. at a-point where storm or 20 surface waters enter the city.system and ending at a point 21 where such storm or surface waters.exit from the city's storm I 22 and surface water system, and in width to the full extent of 23 inundation caused by storm or flood conditions. i 24 25 26 - - Ordinance No. 4479 December 12, 1990 j Page 10 1 2 13.48.060 Authority to establish rates and charges. 3, A. The city shall establish by-.ordinance, rate 4 classifications, service charges, inspection 5 and permit fees, application and-connection 6 fees, and such other fees and charges necessary 7 and sufficient in the opinion of.the city 8 council- to pay for the following,: 9 1. The costs associated.with the development 10 ((and)) adoption and implementation of a 11 comprehensive storm drainage.-utility 12 master plan; 1-3 .2. The costs, including debt-service and 14 related financing expenses, of the 15- -construction-and reconstruction,of storm 16 drainage and water quality facilities. 17 necessary and required for the handling of 18 storm and surface waters that benefit the 19 service area but not presently in 20 existence; 21 3. The operation, repair, maintenance, 22 improvement,. replacement and 23 reconstruction of storm drainage 24 25 26 Ordinance No. 4479 December 12,1990 Page 11 1 2 facilities that benefit the service area 3 which-presently exists 4 4._ The purchase of.a fee or lesser interest, 5 including easements, in land.which..may be 6 necessary for'the storm drainage-.system in,. - 7 the service-area including, but not 8 limited to, I.a,nd necessary for the 9 installation and construction of storm 10 drainage facilities and all'.other 11 facilities, including,retention and 12 detention facilities, water quality 13 facilities which are reasonably required 14 for. proper and adequate handling of storm 15 waters for the benefit.of.the.service 16 area;. 17 13.48.-110 Charges. 18 The following-charges are established for all parcels of 19 reap-property in the city: 20 A. Single-family Residential Parcels: The single- 2.1 family residential charge shall be ((twe-dell-ars-per. 22 menth-€er-eaeh-pareei-having-ene-resident}aI 23 24 25 26 Ordinance No. 4479 December 12, 1990 Page 12 1 2 dwe}}4:nej:))in accordance with the following 3 schedule: 4 1. As of January 1st, 1991 - $3.50/Residential Parcel 5 2. As of January 1st, 1992 - $4.00/Residential .6 Parcel 7 3. As of January 1st, 1993 - $4.50/Residential Parcel 8 4. As of January 1st, 1994 - $5.00/Residential 9 Parcel 10 5. As of January 1st, 1995 - $5.50/Residential Parcel 11 -And thereafter at'the January 1st, 1995 rate 12 until further modified by city council action. 13 13.48.250 Connections. 14 A. Required Connections. All nonsingle family 15 residential building permits.((that-en ail-€ive i 16 theusand-er-mere-square-feet-a€-development 17 eeverage-w4-thln--the-property) ) shall be subject 18 to a mandatory connection to a public storm 19 drainage system where the development has the 20 potential to negatively impact public or 21 private property or receiving waters as 22 determined by the city engineer or whenever an 23 existing public system is available adjacent to 24 25 26 Ordinance No. 4479. December 12, 1990 Page 13 i 1 2 the-site.or where the public system is required 3 to.be constructed adjacent to the property as a 4 condition of development. 5 13.48.0350:. Connection fees-(.(Bysten-taspection, and)) (..(e)) Connection,. permit-. fee. 6 A. A storm drainage permit.fee shall cover the 7 inspection costs ((a5see4:ated-W!th-the 8 ~nstallatien-e~-er~y-part~et~~a~-g~~~aire-ste~nt 9 danage=syste2n-anal-hhe-sttbsegent)) of the 10 connection ((e-st~eh))to.a public storm 11 drainage system. 12 13 13.48.400 Public storm drainage improvements. 14 A. The city public-works.department is authorized 15 and directed to require reasonable off-site 16 public storm.drainage.improvements.necessitated 17 by new development. Such.mitigating 18 improvements shall be made in addition to any 19 other requirements of the city for on-site 20 improvements. 21 B• All public storm drainage extensions shall be 22 extended to and across the full width of the 23 property to be served. No property shall be 24 25 26 Ordinance No. 4479 December 12, 1990 Page 14 1 2 served with public storm sewers unless such 3 storm sewer main is extended to the extreme 4 boundary limit on the property line extending 5 the ful'l...length..of..the front footage of the 6 property.: All storm.:system_.extensions shall be 7 designed using sound engineering practices and 8 sized in accordance with the.comprehensive 9 storm drainage plan to serve, to the extent 10 possible, adjacent and upstream properties. 11 (Ord. 4195 § 6 (part), 1986,.) 12 13.48.410 Minimum.facility size. 13 All public storm drainage pipe to be installed within the 14 service area of the city's storm utility boundaries shall be a 15 minimum of eight. inches-.in.diameter._ All private storm 16 drainage-pipe to,be installed within such boundaries shall be 17 a ininimum. of six-inches in diameter. 18 13.48. 420 Oversizing. 19 When it is deemed necessary by the city, as-a condition 20 of development for the developer to install conveyance lines 21 larger than required to serve adjacent properties, such 22 development shall be-eligible for a payback agreement as 23 stated in Section 13.48.380. The storm drainage utility may 24 25 26 Ordinance No. 4479 December 12, -1990 Page.1.5 1 2 participate in the cost to construct the oversizing upon 3 council approval. 4 13.48.430 Developer's Public Facility Extension Manual adopted. 5 There is adopted by reference the "Developer's Public 6 Facility Extension Manual for Storm Sewers, Sanitary Sewers, 7 Water, and Streets," and any amendments henceforth, a copy 8 which is attached to the ordinance codified in this article, 9 and denominated Exhibit "C." 10 Section 3. The Mayor is hereby authorized to implement 11 such administrative procedures as may be necessary to carry 12 out the directions of this legislation. 13 Section 4. This Ordinance shall take effect and be in 14 force five days from and after its passage, approval and 15 publication as provided by law. 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 4479 December 12, 1990 Page 16 INTRODUCED: 2 3 PASSED: 4 5 Lo , / CJ APPROVED: 6- 7 8 9 M A Y O 10 11 ATTEST: 12 13 14 v / Robin-'Wohlhueter', City-,Clerk 15 16 APPROVED AS TO.FORM: 17 18 Q. 19. Michael-J.,Reynolds, 20 Acting City Attorney 21 h 2 22 PUBLISHED: 23 24 25 26 Ordinance. No. 4479 December 12, 1990 Page 17 r , Developer's Public Facility Extension' Sanitary Sewers, Water, Storm Sewers and Streets JV/ 10 _ 1891 _ 0 City of Auburn. i i ORDINANCE NO. 4241 AMENDED DECEMBER, 1986 i i r i.r 0 INDEX Page ~r Information Sheet . . . . . . . . . . . . . . . . . . . . . .1 Facility Extension Process Summary . . . . . . . . . . . . .2-3 AGREEMENT - Title. . . . . . . . . . . . . . . . . . . . .4 Scope of Work. . . . . . . . . . . . . . . . . . . . . .5 I. City . . . . . . . . . . . . . . . . . . . . . .6 Ii. Owner . . . . . . . . . . . . . . . . . . . . . 7-9 1- III. Plan . . . . . . . . . . . . . . . . . . . . . . 9-11 IV. Additional Fees . . . . . . . . . . . . . . . . . .11 V. Evidence of Insurance. . . . . . . . . . .12 VI. Indemnification . . . . . . . . . . . . . . . . .13 i~ VII. Performance Bond . . . . . . . . . . . . . . .13-14 i VIII. Easements . . . . . . . . . . . . . . . . . . . .14-15 IX. Permits . . . . . . . . . . . . . . . . . . . . . .15 X. Bill of Sale . . . . . . . . . . . . . . . . . . .15 XI. Systems Development Charge . . . . . . . . . . . .16 XII. Payback Agreement Execution and Recording. . . . .16-17 XIII. Connection to & Utilization of the City's System .17 XIV. Acceptance by City of Developer Extension. . . . .17 XV. Attorney's Fees, Developer's Signatory Page, City Signatory Page . . . . . . . . . . . . . . .18-21 EXHIBITS Exhibit 1 Estimated Deposit Fees Sanitary Sewer . . . .22 Exhibit 2 Estimated Deposit Fees Water. . . . . . . . .23 Exhibit 3 Estimated Deposit Fees Storm Sewer. . . . . .24 Exhibit 4 Estimated Deposit Fees Streets. . . . . . . .25 Exhibit 5 Performance Bond . . . . . . . . . . . . . . .26-27 Exhibit 6 Assignment . . . . . . . . . . . . . . . . . .28 Exhibit 7 Easement . . . . . . . . . . . . . . . . . . .29-30 Exhibit 8 Bill of Sale, Individual, Corprate. . . . . .31 Exhibit 9 Payback Agreement . . . . . . . . . . . . .32-35 Exhibit 10 Maintenance Bond. . . . . . . . . . .36-37 i INFORMATION SHEET w: DEVELOPER'S PUBLIC FACILITY EXTENSION I..: CITY OF AUBURN KING COUNTY, WASHINGTON ~a i 1. Address & Telephone Number: Engineering Division { Auburn City Hall 25 West Main Street Auburn, Washington 98001-4998 N (206) 931-3010 Fire Department 1101 "D" Street N.E. Auburn, Washington 98002 (206) 931-3060 Building Division Auburn City Hall 25 West Main Street Auburn, Washington 98001-4998 - (206) 931-3010 Planning Department Auburn City Hall 25 West Main Street Auburn, Washington 98001-4998 (206) 931-3090 2. Office House: 8:00 A.M. to 5:00 P.M. Monday through Friday i FACILITY EXTENSION PROCESS SUMMARY For general information regarding the Public Facility Extension Process, please reference the City's Development Assistance Brochure (E-3) available upon request at the Public Works Department, Auburn City Hall. Prior to submitting.construction plans to the City for review, the applicant may contact the City of~Auburn's Building Division,(Building Coordinator), to schedule a preapplication .meeting with the city for conceptual review and pertinent' information regarding the'proposed facility extension. FACILITY PROCESS 1. To the start the application process, a Facility Extension Application, along-with six (6)-sets of facility construction plans and two.(2) sets of applicable calculations shall be submitted to the Building Division for review. 2. As part of the plan review.process, the City,will send a letter to_the applicant requesting the following items which need to be'addressed prior to the.approval-of the construction plans A non-refundable Application Fee ($250.00 for the first facility and_$100.00 for.each additional facility). The execution of a Facility.Extension Agreement. A Cash Deposit based on the length and number of facilities.proposed. 3. At the completion of,the plan review process, upon conformance with.all City development requirements, the City Engineer will approve the facility-construction plans. 4. A Payback.Agreement may.be requested if.applicable. 5. Prior to the start of construction, a Pre-Construction Conference will be held between the contractor and appropriate City staff: The applicant will submit a.Performance Bond, if required. The applicant will submit a-Guarantee Deposit, if required, ($500:00 for the first facility and $250.00 for each additional facility). The Contractor's Proof.of Insurance will be submitted, naming the "City" as an additional insured. F 6. Following the pre-construction conference, written permission to start 'construction will be provided to the contractor from the City. 7. Construction completed, except for individual service connections. t~ 8. -The. applicant will submit to the City, certified as-built 33 co I nstr..uction drawings',,a Bill of Sale,'and -any required t Utility•'Easements. is 9. The applicant submits a-Maintenance Bond.to the City. The City accepts',the facility for operation. 'E 11. The City authorizes individual service connections (Separate permits and permit fees required) 12. The Payback Agreement is executed, if applicable. -13. The Guarantee Deposit and the.remainder of the Cash Deposit is released'to the applicant. 14.. A one-year (1-yr.) maintenance inspection is made. 15. Final-acceptance of the facility by the city for maintenance is made. 16. The applicant's Maintenance Bond is released. t Y - CITY OF AUBURN j DEVELOPER PUBLIC-FACILITY EXTENSION ly i AGREEMENT n i.. FACILITY EXTENSION NUMBER AGREEMENT FOR DEVELOPER PUBLIC FACILITY EXTENSION THE CITY OF AUBURN, hereinafter referred to as "The City", and hereinafter referred a to as "Owner",.enter.into the following agreement,.hereinafter referred.'to.'as '!Agreement",. and make- the. following-mutual e" =promises and covenants as consideration for the City providing a facility connection.to the proposed developer extension-and.the owner constructing.the'proposed developer extension pursuant to Y i..: the'terms_and conditions of the Agreement and agreeing to convey and.transfer-th`e improvements to the.City pursuant,to.,the terms and conditions of this Agreement upon completion of the developer extension. The.following agreement is valid and binding for the facilities designated below as indicated:on the approved Civil plans: Approx. Facility Extension Size Length Sanitary Sewer Sanitary Sewer Sanitary Sewer Water Water Water Storm Sewer Storm Sewer Storm Sewer Streets Streets Streets Other The proposed extension of facilities,designated.above will be installed in the road, easements and/or other approved rights- of-way inside/outside of,the corporation limits of the City and shall be.for the use and benefit of the property legally described as follows: The parties, in consideration of the following expressed mutual-covenants and promises,, agree, promise and covenant as follows:. I City 4 The'City.promises, covenants and agrees-to the following terms and conditions (a) The-City shall provide only part.time inspection of the facility extension, while under construction, to assist the owner in complying with.the design.standards and construction specifications of the City; and to aid the. Owner in conforming with the present rules, regulations and resolutions of the City.and the terms of said Agreement. Such inspection shall in no way relieve the owner of the responsibility for.compliance with the.plans and specifications.-and the terms of the Agreement as well as the rules and regulations'as imposed by,'the County or other.agencies. (b) The City agrees to allow the Owner to make the connection to.the`City's present system upon the completion:of the--developer extension by the Owner upon- its the terms and conditions of the agreement,' and when the -Ownerhas delivered to the City a bill of sale,' obtained the necessary permits.and easements, supplied the City with certified as-built drawings, paid the applicable charges against the property, and_the-extension has-been approved and accepted for.operation by the Department " of Public Works. The Department of-Public Works shall send a letter.accepting the system:for,operation. The. City shall release.the,guarantee deposit and the remainder of,the,cash deposit to. the owner once the appropriate-maintenance bond has been received.and the above conditions have been met. The Department of Public Works shall then authorize any applicable .service connections. (c) Connection and utilization of the extension shall not relieve-the Owner of the obligations_to correct defects in labor and/or materials as heretofore provided and/or the obligations set forth in the applicable paragraphs hereof. The connection of the extension-authorized by the City's Department.of Public Works shall cause said extension to be subj,ect,to the control, use and operation of-the City which shall be subject to all regulations and conditions of service. i ~ II Owner (a) The Owner agrees to comply with the City's Construction Specifications and Design Standards which are identified in paragraph III of this Agreement. i (b) The Owner agrees to comply with all environmental requirements as set forth either by the city or by appropriate County, State or Federal agencies. The Owner agrees to prepare an environmental checklist or environmental impact statement at his sole expense, if so directed by applicable lead agencies as set forth in S.E.P.A. and applicable administrative regulations and laws of Washington. For extensions outside of the City limits, but within the comprehensive plan, the Owner shall obtain the necessary approval from the applicable agencies. (c) If the City, at its option, is to prepare the plan for the developer extension, the Owner will deposit with the City a certified check for the City's administration, design and inspection fees simultaneously with the execution of this agreement pursuant to the fee schedule as set forth in Curve A for the applicable facility extensions identified in the first paragraph of this agreement (see Exhibits 1 through 4). (d) If the owner's engineer is to prepare the plan, the plan must be signed by a professional engineer registered in the State of Washington. The owner simultaneously with the execution of this agreement shall deposit fees with the City for administration, and inspection costs for the developer extension and said fee shall be determined as set forth in Curve B for the applicable facility extension identified in the first paragraph of this agreement (see Exhibits 1 through 4). (e) If the length of the developer extension is longer than shown on Exhibits 1 through 4, the fee shall be an accumulation of the allied fee curves. (i.e., for 3,000 feet of extension, the fee shall be the corresponding fee for 2,000 feet plus the corresponding fee for. 1,000 feet). If more than one facility extension is.proposed, the City will reduce the total sum of deposit by requiring the owner to deposit only a percentage of the total aggregate deposits from Exhibits 1 through 4. The Owner shall deposit eighty five percent (85%) of the sum of appropriate fees associated with any two (2) proposed facilities, seventy five percent (75%) of the sum of the appropriate fees associated with any three.(3) proposed facilities and sixty five percent (65%) of the sum of the appropriate fees associated with four (4) proposed facilities. If the length of the developer 7 extension is shorter than shown on Exhibits 1 through 4, the deposit fee shall be based on the one hundred foot length (100') (i.e., sanitary sewer-$900, water-$750, storm sewer- $250 and street-$1,100). For special facility extensions such as wells, reservoirs, lift stations, etc.,.that are not applicable to Exhibits 1 through 4, the City shall estimate the amount of deposit fee required on a.case by case-basis. (f) Prior to.the connection of the facility, actual time charges and.expenses shall be determined and.f:ees.and costs shall be.adjusted to provide for a refund by-the.City or additional payment by'the owner. If additional payment is required,-the owner.shall'make such payment to the City prior to the connection of the extension to the City's system. (g) The Owner will make a guarantee deposit, prior to the start of construction, in the form of a certified check to the City in the sum of $500'for the first.,facility and $250 for each additional-facility improvement within the City right- of-way and/or easements. This will be held by the City until final inspection and approval by the City one (1) year after the.letter accepting the system.for operation upon receipt of required maintenance'bond. This deposit shall: (1) Insure strict compliance with the City's standards, specifications and conditions. (2) Insure the City against any damage to its existing system or the proposed extension as aresult of the Owner's failure to properly perform under this agreement. (3) To reimburse the City for any and all necessary expenses, repairs or restoration of.other properties if the owner does not do.so.within the twenty four hours (24) after notice from`the City. This includes vandalism and/or theft of improvements during the one year guarantee period. (4) _To reimburse the City for the necessary cost of completion and unfinished grades around improvements. (5) Emergency conditions which call for the immediate remedy of any problem resulting from any action or lack of action on the part of the Owner. (h) The owner further shall pay, at the time of making permit application for and prior to utilization of the system of the City, any area charges,-system development charges, or any other applicable charges'as they may pertain to the subject real property of the developer extension. The Owner 4 is responsible to check with the Department of Public Works regarding these charges. (i) The Owner further agrees to abide by all current ordinances and rules of the City which are in effect at the time of J execution of this agreement. F (j) It is the owner's responsibility to ensure that the system is constructed as designed and that grade and alignment are maintained throughout the project. III Plan (a) The Owner will submit a plan to the City which contains all necessary information required for the construction of the proposed improvements which comply with the City's Design Standards and Construction Specifications, and shall be updated and revised as necessary to indicate further development showing all utilities, roads and drainage facilities. Complete architectural plans shall be submitted if requested. The Owner further agrees to furnish copies of final plat, surveys and/or as-built drawings stamped and certified by a registered professional civil engineer. (b) The original design plan on reproducible mylar shall be submitted, the scale of which shall be at least one inch equals forty feet except for street extensions in which case the scale will be one inch equals twenty feet. Street extensions shall also consist of cross-sections plotted every fifty feet (501) with a scale of one inch equals five feet (51) (horizontal) and one inch equals two feet (21) (vertical). All plans shall be on twenty-four inch (2411) by thirty-six inch (3611) reproducible mylar. (c) The plan shall be submitted to the Department of Public Works within sixty (60) days following the execution of the Agreement. If the plans are not submitted within sixty (60) days, then the owner should contact the Department of Public Works who will review and reconsider the fee schedule and make any necessary adjustments. (d) Following the acceptance of the plan by the Department of Public Works and the receipt of a certificate of insurance complying with the insurance requirements as set forth herein and the execution and submittal of a performance bond, the owner may begin construction and the cut sheets shall be released to the owner by the Department of Public Works' staff. No cut sheets shall be approved or given to the owner or to the Owner's contractor until the Owner has complied with these requirements. The owner shall not begin r: i. e construction until he has furnished to the Department of Public Works the name of its contractor, and the emergency call list. In addition, construction shall not commence ' until after a pre-construction conference has been held. (e) All sanitary,sewer facilities shall be designed in ; accordance with the State of Washington Department of Ecology's Criteria for Sewage Works Design and as directed by the Department or Public Works. 4 { (f) All water facilities shall be designed in accordance with the City standards and as directed by the Department of Public Works. i. (g) Storm sewer design shall be in accordance with the city standards and as directed by the Department of Public Works. (h) Street layout and design shall conform to the City Standards as required by the Department of Public Works. (i) All construction performed by the Owner will be in compliance with APWA Standard specifications, 1981, or latest adopted revision, and any_or all amendments thereto, hereafter referred to.as Standard Specifications,.and shall control in all construction-except as amended in the "Special Provisions". The Owner-shall have.the responsibility to_supply himself with these Standard Specifications. (j) The Owner agrees that there shall be no usage of any of the facilities constructed by the Owner prior to the connection and the approval.and acceptance for operation of the extension by'.the Department of Public Works. Furthermore, the water meter will not be installed until the City accepts all applicable facilities for operation and certified as- built drawings, Bill of Sale, Utility Easements and Maintenance Bond have been submitted. (k) The Owner shall create all roads.to the design subgrade elevation prior to the start of construction and shall advise the Department of Public Works in writing of any changes which may be contemplated during construction. If the owners change the subgrade elevation of the road after completion of the extension, or any part thereof, the Owner shall be responsible for all costs incurred as a result of. such change in subgrade.elevation. This obligation shall remain in full force until the City, King County or such other appropriate municipality releases.the right-of-way or road construction bond or bond of other descriptions in connection with the owner's obligation for completion of the road within the area. (1) If gravity sanitary or storm sewer service is not available the Owner may need to install a pump facility. All i f , 1 1 requirements for this pump facility shall be subject to the terms and conditions of this agreement. s- (m) Owner agrees to comply with all state and county regulations applicable to the owner while construction is in progress in King County right-of-way. (n) The Owner agrees to give twenty four hours (24) notice to the Department of Public Works prior to beginning any construction. All pavement cuts made in relationship with this agreement will be the Developer's ultimate responsibility to have restored to City standards prior to final acceptance by the City. The new pavement patch is to be completed within thirty (30) days of the original excavation unless otherwise agreed to by the City. If the patch is not completed within thirty (30) days, this agreement authorizes the City to hire an independent contractor to complete the necessary work and bill the signer of this agreement. IV Additional Fees An additional fee shall be paid to the City by the Owner for the following additional work, if performed: (a) Revisions of the plans and specifications and work occasioned by an act of the Owner relating thereto. (b) Obstruction, delay or prevention of construction staking, replacement of stakes and additional staking. (c) Additional inspections (including return television inspection). (e) Any permit or franchise acquired by City. (f) Acts by the Owner which necessitate the City's staff or consultants to spend extraordinary time on the developer extension, the costs shall be billed accordingly to the Owner. The City's additional fees shall be based on the actual labor costs plus fringe benefits expended by the City and be paid by the Owner upon receipt of a statement from the City. Payment shall be a prerequisite for obtaining connection to and utilization of the City's system. E.a V Evidence of Insurance The Owner and his contractor shall assume responsibility for securing and maintaining., during.the.life of this Agreement, public liability insurance,for bodily injury and property damage liability, including,, without limitation,'coverage for''explosion, blasting,. collapse, and destruction of underground utilities $ (X.C.U.) and contingent liability, including products and contemplated operations and blanket.contractual liability, and. shall protect the owner, and the City. The Owner or contractor shall have the'City specifically added as additional named insured in said policies, all at no cost to the City. The above insurance shall cover the City; Owner and subcontractors for claims or damages of any nature whatever, including but not limited to bodily injury, including wrongful death, as well as other claims for property damage which may arise from operations under this Agreement whether such operations be by.themselves or by any subcontractor or anyone directly or,'indirectly employed by either of them and the Owner agrees, in addition, to indemnify and save harmless the City from all-suits;-claims, demands, judgments, and attorney's',fees, expenses of:losses occasioned by the performance of this Agkeement'by-himself, any subcontractor, or persons working directly or indirectly for him; or on account of or in consequence of any neglect. in safeguarding the work or failure to conform with the.safety standards for construction work adopted by the Safety bivision'of the:Department of Labor and Industries of the State of Washington. The amount of such insurance shall be as follows: Bodily 1 injury liability insurance in an amount not less than.one thousand dollars (_$1,000,000) for injuries, including wrongful death, to any one person and subject to.the-same limit for each person, in an amount not.less than-one thousand dollars ($1,000,000).on account of and one occurrence, one thousand .dollars ($1,000,000) aggregate, and property damage liability insurance in an amount not less than one thousand-dollars ($1,000,000) for each occurrence or equivalent single limit. The Owner.or contractor shall not cause any.policy to be cancelled or permit it to lapse, and all policies shall include a clause to the effect that'the policy or certificate shall not be subject to cancellation or to'a reduction in the required limits of liability or amounts of-insurance or any other material change until notice has been mailed to the City stating when, not less than thirty (30) days thereafter, such cancellation or reduction or change shall be effective. All certificates of insurance, authenticated by the proper officers of the insurer, shall state in particular those insured. i 4 i" VI a Indemnification G: The Owner will indemnify and save the City or the City's agents harmless from all claims. and costs of defense thereof, including (by illustration but not limitation) attorney's fees, expert witness fees, and the cost of the services of engineering r; and other personnel whose time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands of contractor, other property.owners, or subcontractors, laborers, workmen, mechanics, materialmen, suppliers, incurred in the performance or completion of the developer extension. The owner shall, at the City's request, furnish satisfactory evidence that all obligations of the nature designated herein have been paid, discharged or waived. VII { Performance Bond It is contemplated that the Owner may construct a portion of the developer extension on right-of-ways and utility easements within the City's Franchise limits or within King County right- of-way. It will be necessary for the owner to abide by all City and King County standards and regulations. Therefore, it is necessary for the Owner to furnish to the City a performance bond (Exhibit 5) between the Owner/contractor and the City in a minimum amount of one hundred percent (100%) of the City's estimated replacement costs of the improvements to be constructed within the existing right-of-ways and easements. Said performance bond in a penal sum equal to a minimum of the amount described above shall be conditioned upon the Performance by the Owner of all undertakings, convenant terms, conditions and agreements of the developer extension, and upon the prompt payment by the Owner to all persons supplying labor and materials and the prosecution of the work provided by said developer extension and agreement. Such bond shall be executed by the owner and a corporate bonding company licensed to transact such businesses in the State of Washington and named of a current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department's Circular No. 570. One performance bond shall be adjusted after the construction is completed and the Department of Public Works accepts the system for operation to the greater of two thousands dollars ($2,000) for each facility extension or ten percent (10%) of the City's estimated replacement costs of the improvements which are to be dedicated to the City. (Maintenance Bond). 4 The performance bond shall insure against defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one year after acceptance for operation. At the end of the one year guarantee period, the adjusted bond shall be released. The expense of these bonds shall be borne by the Owner. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business in the State of Washington, or is removed from the list of "Surety Companies Acceptable on Federal Bonds, "the Owner shall substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bonds shall be paid by the Owner. No further payment shall be deemed due nor shall be made until the new surety or sureties shall furnish an acceptable bond to the City. One Owner may, in lieu of a performance bond, assign funds over to the City of Auburn (Exhibit 6). VIII Easements All required easements shall be obtained by Owner at his sole cost and expense, and shall be delivered to the City after construction and prior to the acceptance by the Department of Public Works of the developer extension. The Owner shall provide all necessary easements at his sole cost regardless of changes in the plans. Easements shall be drafted in conformity with the form set forth in (Exhibit 7) and shall contain the provisions set forth in said form. The City may require that a certified legal description shall be prepared by a licensed land surveyor or civil engineer. All easements shall be at least fifteen feet (151) in width for sanitary sewers, water and storm sewers, centered on the pipeline. Streets shall be deeded over to the City with the right-of-ways meeting City requirements. Unless approved otherwise by the City, the Owner shall not construct any permanent structures within a distance of TEN FEET (101) from the boundary of said easement and/or any permanent structures which would limit the overhead clearance to less than FOURTEEN FEET 141). Supervision during construction shall be the responsibility of the Owner. Violations shall be removed at no cost to the City. Easements will be restored to as good as or better than the original condition of the easement by the violator. Large trees which may interfere with future maintenance or repair of lines should not be planted directly qQq ~e over the pipe. Where-manholes are located within the easements, suitable access surfacing shall be provided for the City vehicles such as.bank-run gravel and crushed rock or.as approved by the city. IX Permits f All the-necessary-permits from any governmental agency obtained by:the City shall;-be°at the Owner' expense.: The Owner shall:be:provided with a copy of all such ,permits: bef ore construction commences. .`The„Owner.shall provide the City with necessary documents required to obtain the `permits. s.._ For any permits obtained by the Owner, copies of the same shall be furnished to the City. i. X Bill of Sale Owner agrees to execute a Bill of Sale (Exhibit 8) prepared by the.City prior to the connection.of the__developer extension to the City's system.- Said Bill of._Sale will provide for transfer of title of-the constructed extension from the Owner to the City and:will further"include the following items: (a) Owner is the lawful owner of said property and that it is-free from-all encumbrances. (b) All bills for labor and material have been paid. (c) The Owner shall.have the right to-transfer the same and that it will warrant and defend the same against.lawful. claims and demands of `all persons for one (1) year of the date of acceptance of the.Bill of Sale by the City. (d) It will be recited that the Owner grants the extension to the City for the consideration of incorporating the system in the overall,system.of the City. (e) Owner further warrants that for a period of one (1) year from the date of the connection and/or utilization that the system will remain in working order and condition acceptable.to the City and that the Owner will repair or replace at his own expense any work or material that may prove to be defective during said one (1) year period of warranty. I L_ ~r XI I Systems Development Charge e The owner agrees to pay his share of the System Development Charge. This charge is intended to collect fees from new developments for their fair share of future capital improvements. d i XII A Payback Agreement Execution and Recording ' The Owner may request a Payback Agreement (Exhibit 9) pursuant to the terms of RCW 35.91 et seg, this agreement, and the following: (a) The facilities proposed herein can potentially serve additional property not owned by the owner and the facilities are located within the boundaries of the City of Auburn or within ten miles from the corporate limits. (b) That a written payback request will be made, prior to the start of construction, to the office of the City Engineer. A Payback Agreement may be executed once the owner has constructed and installed the facilities as described in this agreement and once such facilities have been accepted by the City of Auburn for operation and maintenance. One Payback Agreement will provide as follows: (c) The City agrees to ensure that any owner of real estate who subsequently applies for service from the facilities constructed pursuant to this agreement and who has not contributed to the original cost of the facility, shall reimburse said owner a fair pro rata share of the cost of the facility as detailed in the Payback Agreement. (d) At the time of reimbursement the owner agrees to provide a written release to the developer allowing the developer permission to connect to the facility. (f) The Payback Agreement will continue for ten years (10) for facilities sized to serve adjacent property only and at fifteen years (15) for facilities oversized to serve large areas, as determined by the City Engineer. 16 (g) The City shall establish the payback connection charges and the limits of real estate involved. (h) The City shall record the executed Payback Agreement in the office of the County Auditor, and the Owner shall pay the recording fees. a.. XIII Connection to and Utilization of the City's System r The Owner shall notify the City in writing of its intent to connect its extension to and utilize the City's system. Said connection shall be supervised by the Department of Public Works personnel. The Department of Public Works, prior to the connection and utilization authorization, shall have received from the owner the necessary permits, easements, bill of sale, certified as-built drawings, maintenance bond, and payment of applicable fees. No connection or utilization shall be made without the expressed written consent by the Department of Public Works. XIV Acceptance by City of Developer Extension A Maintenance Bond (Exhibit 10) for the one-year (1) period following the acceptance for operation and the authorization of the developer extension's connection to and utilization of the City's system, the Owner shall warrant the workmanship and materials and equipment furnished by the Owner, and shall be guaranteed by the owner to remain in normal working order and condition, except where abused or neglected by the City, and the owner shall repair or replace at its own expense any work or material that may prove to be defective during this guarantee period. The Department of Public Works one year (1) from the date of acceptance for operation and authorizing the connection and utilization of the developer extension to the City's system, shall reinspect the system to determine if the extension has complied to the warranty of the owner and conforms to the City's standards and specifications. If said developer meets with the Department of Public Works' approval, then the City shall release the maintenance bond. V XV Attorney's Fees In the event this Agreement is referred to or placed in the hands of the City's attorney for enforcement of any portion of this Agreement, or if a lawsuit is instituted with respect to this Agreement, and in the event the City is the prevailing i party, the Owner agrees to pay the City's reasonable attorney's fees and costs and other allied expenses incurred by the City regarding said legal problem or lawsuit. DATED this day of 19 i I o STATE OF WASHINGTON ) 0 ss. COUNTY OF KING ) On this day of , 19 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known-to be the individual who acknowledged to me that he/she signed the foregoing instrument and acknowledged the said instrument to be as his/her free and voluntary act and deed, for the uses and purposes therein mentioned and on oath he/she was authorized to execute the said agreement. GIVEN under my hand and official seal this day of . 19 Notary Public in and for the State of Washington, residing at my commission Expires: r XV Attorney's Fees In the event this Agreement is referred to or placed in the hands of the City's attorney for enforcement of any portion of this Agreement, or if a lawsuit is instituted with respect to this Agreement, and in the event the City is the prevailing ^ party, the Owner agrees to pay the City's reasonable attorney's fees and costs:and other allied expenses incurred by the City regarding said legal problem or lawsuit. w DATED this day of , 19 Q sident e j Secretary i, STATE OF ) ) ss COUNTY OF ) On this day of 19 , before me, the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appeared and to me known to be the President and Secretary, respectively, of i the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. y IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. t Notary Public in and for the State of residing at my Commission Expires: XV Attorney's Fees In the event this Agreement is referred to or placed in the w hands of the City's attorney for enforcement of any portion of this Agreement, or if a lawsuit is instituted with respect to this Agreement, and in the event the City is the prevailing party, the owner agrees to pay the City's reasonable attorney's fees and costs and other allied expenses incurred by the City regarding said legal problem or lawsuit. } DATED this day of , 19. e On this day of 19 before me, the undersigned, a Notary Public in and for the State of i Washington, duly commissioned and sworn, personally appeared and , to me known to be the partners that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed is the partnership seal of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Notary Public in and for the State of Washington, residing at My Commission expires: I~ DATED this day of , 19 City Engineer I~ STATE OF WASHINGTON) ss. o COUNTY OF KING ) On this day of , 19 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me to be known as the City Engineer representing the City of Auburn's Department of Public Works, who acknowledged to me that he signed the foregoing Facility I Extension Agreement.as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 19 Notary Public in and for the. State of Washington,, residing at My Commission Expires: i I EXHIBIT 3-1-1982 l - - ADMINISTRATION ESTIMATED ALLIED FEES CURVE A DESIGN SANITARY SEWERS INSPECTION 10- ADMINISTRATION CURVE B 9- INSPECTION e- 7- - - N _ N 8- _ - , III r 4 x 74~ 0 3- c~a~~ P I i 'I I I I -Liaa li 2 - loll' I 4T, B , I L - 100 500 1000 1500 2000 SANITARY SEWER LINE LEN0ITH IN L.F. 3-1-1882 EXHIBIT "2" - ADMINISTRATION ESTIMATED ALLIED FEES CURVE A DESIGN WATER INSPECTION 10- ADMINISTRATION 1 CURVE 8 j e _ INSPECT ION e- - 7- I v ~ I~iI 1~i;!I. ,I .IIII .Il: CO) a- j l i!I; x i.: 0 I t i1 03_ ,~;i►i~i~ I ~ lirr p► ~ ~ 'lilt 2- I I 1- CVAVE B . 2000 600 1000 1500 100 WATER LINE LENGTH IN L.F. EXHIBIT "3" 3-1-1982 HIM]. ADMINISTRATION ESTIMATED ALLIED FEES CURVE A E SIGN STORM SEWER S tD NSPECTION a 10- ADMINISTRATION CURVE B 9_ INSPECTION e_ 7- N .P 8- o I ~I t 0 5- N !i II r 4 X it o I - - VE P - i ~ li 'I~ I III II i !.,f I~~ Itll o 3- I I I 1 ~ 1 I~ r I. I II,. 2- poll B CURVE i 1 1 100 500 1000 1500 2000 STORM SEWER LINE LENGTH IN L.F. EXHIBIT "4" 3-1-1982 fill 1"11011111 N I ADMINISTRATION ESTIMATED ALLIED FEES CURVE A DESIGN STREETS INSPECTION to- ADMINISTRATION CURVE B 9- INSPECTION e- ~ P - 7- Jay I o N Ln 8 - 0 6 _ it ~li 11 I D II ,ICI N 4 .11T rr x ~ ! ~i 11. i'I I ;!li O I 111111 ilk 111111 1 W~T - I { I I'' i~ I~~FIr{I ..I I 1 ; it! 1 O 3- TO I GuRV NOTE: ESTIMATED COSTS. ARE ° g 1 AC i SERVE AS A DEPOSIT. TUAL , 2 - COSTS MAY CALL FOR AN ADDITIONAL DEPOSIT BY THE OWNER, OR A REFUND. t_ - L 1 1 1 ~ 1 1 11 I I _ ( ~ ~ 1 I ~ ~ ~ I 100 500 1000 15100 2000 STREET LENGTH IN L.F. EXHIBIT "5" P E R F O R M A N C E B O N D BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: Oda That we, the undersigned, as principal, and , a corporation, organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of dollars, for the payment of which sum on demand we bind ourse a our successors, heirs, administrators or personal repre the case may be. This obligation is enter pursuance of the statutes of the State of Washington and th finances of the City of Auburn, Washington. Dated at Auburn, Washington, this day of , 19 , executed a developer extension agreement with the Owner Contractor mentioned above as bounden principal. The said agreement being identified as , and providing for which agreement is referred to herein and is made a part hereof as though attached hereto, and WHEREAS, the said principal has accepted, or is about to accept, the said agreement and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, if the above bounden principal shall faithfully perform all of the provisions of said agreement in the manner set forth under this agreement, and shall pay all laborers, mechanics, sub-contractors and material men, and all persons who shall supply principal or sub-contractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any sub-contractor in the performance of said work, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said agreement, and ON- 26 The Surety, for value received, herein stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligations of this bond, and it does hereby waive notice of any such r change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specification. PROVIDED, however, that after the acceptance for operation of this work, and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent (10%) of the value of the improvements to be dedicated to the City or two thousand dollars ($2,000.00) whichever is greater, to insure against defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one (1) year after a ance for operation; not withstanding the reduction of this t principal and surety shall hold the City of Auburn 11 defects appearing or w. developing in the material o i provided or performed under this agreement within a perio (1) year after acceptance for operation, then and in that e this obligation shall be void; but otherwise it shall be and remain in full force and effect. r It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this day of . 19 Principal Surety PM By Attorney in Fact Countersigned: Resident Agent Resident Agent's Address Approved By: oft 27 EXHIBIT "6" ASSIGNMENT In lieu of a performance bond the undersigned do hereby assign, transfer, and set over unto the City of Auburn all rights, title and interest to dollars ) of saving account number in the standing in the name with the City of Auburn having full power and authority to demand and collect and receipt said deposit and to give receipt and acquittance therefore, for the construction of . It is understood and agreed that holds the passbook covering said account in its possession and agrees to hold $ until a release of this assignment from the City of Auburn Department of Public Works is received. SIGNED and DATED at , Washington, this day of 19 Address of Depositors D Signature of Depositors ACCEPTANCE The undersigned hereby accepts the forgoing assignment of savings account number in the amount of $ this day of , 19 - Name of Bank or Savings & Loan BY Signature of Title of Officer RELEASE The above assignment is hereby released, our interest being satisfied. - DATE: , 19 City of Auburn _ Department of Public Works DIRECTOR 28 EXHIBIT "7" EASEMENT Grantor, , hereby conveys and warrants to the CITY OF AUBURN, a Municipal Corporation of the State of Washington, its successors and assigns, a perpetual nonexclusive easement under, over, through and across the following described land for the purpose of laying, maintaining, and installing AND APPURTENANCES THEREOF, said land being described as follows: 4 e r Said Grantee shall have the absolute right, at times as may be necessary, to enter upon said easement for the purpose of maintenance, construction, repair or reconstruction of the above improvements without incurring any legal obligation of liability therefor. Said Grantee shall have the absolute right to place any type of driving surface within said easement deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said easement and/or in any way block, restrict or impede full use of the land within the above described easement by said Grantee. Said Grantor may fence across said easement and/or along the boundaries of said easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the land within the above described easement. If said gate is to be locked, keys shall be provided to the Grantee. Said Grantor shall not construct any permanent structures within a distance of TEN FEET (101) from the boundary of said easement and/or any permanent structures which would limit the overhead clearance to less than FOURTEEN FEET (141). 29 r , rr This easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this day of 19 r STATE OF ) ) s s r; COUNTY OF ) I, the undersigned, a N c in and for the State of Washington, duly commissione rn, hereby certify that on this day of 19 personally appeared before me to me known to be the individual(s) described in and who executed the foregoing instrument and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN under my hand and seal this day of 19 Approved as to form NOTARY PUBLIC IN AND FOR THE STATE OF , RESIDING AT MY COMMISSION EXPIRES 30 EXHIBIT "8" BILL OF SALE _ KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor(s) do by these presents hereby convey, setover, assign, transfer and warrant to the City of Auburn, King County, Washington, a MUNICIPAL CORPORATION, the following public improvements Situated within the following described real property: and the said Grantor(s) hereby warrant that is are the sole owners of all the property above conveyed; that they have full power to convey the same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto. .r IN WITNESS WHEREOF the Grantor(s) have executed these presents this day of 19 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, hereby certify that on this day personally appeared before me -o me known to be the individual(s) described in and who executed the foregoing instrument and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and seal this day of , 19 r NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT MY COMMISSION EXPIRES: 31 EXHIBIT "9" ^ PAYBACK AGREEMENT This agreement made and entered into this day of 19 , by and between the City of Auburn, a municipal corporation of the State of Washington, hereafter called the CITY and whose address is hereafter referred to as OWNER. WHEREAS, pursuant to Chapter 35.91 RCW et seq.,the CITY has by Resolution No. adopted y e City Council of the City of Auburn, Washington Vispay day of 19 , approved the exec back agreement with the OWNER above and referring to facilities described herein; and WHEREAS, the above described OWNER has offered and the CITY has agreed to accept said facility upon its satisfactory completion as part of the utility system of the City of Auburn; NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS: I. OWNER The above described OWNER is the record OWNER of real property legally described as follows: The OWNER has constructed the facilities described in Section II of this agreement, which facilities have been accepted by the CITY as satisfactory. The purpose of this agreement is to provide for reimbursement of the OWNER herein and their assigns by any owner of real estate who did not contribute to the original cost of the subject facility and whose subsequently connects to or uses the same and who will be assessed a fair pro rata share of the cost of construction of the facility. 32 II. FACILITIES The facilities which have been constructed by the OWNER herein are as shown in the attached Exhibit A, incorporated by reference in this agreement and herein referenced as DE NO. on file at the office of the City Engineer. The facility has been constructed in accordance with the ordinances and requirements of the City of Auburn governing the construction specifications for facilities of such type, and has been approved by the City Engineer... III.. TERM For a period of years from date-of recording of this agreement in the King County Office-of the County Auditor, any owner of real estate legally described in the-attached Exhibit R incorporated by referent. in this agreement, and which owner has not contribu @,,t he original cost of the above described facility p to as a condition for c e facility, an amount as L shown in Exhibit B. rty owner shall pay the OWNER directly, shall be r to show a Release, signed by the OWNER as evidence of ch payment. The cost herein represents the fair pro rata share of the cost of- construction of said facility payable by properties descrided in Exhibit B. Payment must be made'as a condition of issuance of the connection permit by the City of Auburn. IV. AMOUNT OF REIMBURSEMENT ~j The OWNER, his successors, heirs and assigns, agrees that the amounts which the OWNER will collect from the property owners as specified in Section III of this agreement, represents a fair reimbursement for the OWNER'S construction of the facility described In Section II of this agreement. V. 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 taps into or connects to said facilities.. VI. OWNERSHIP OF FACILITY The construction of the utility extension having been J completed and accepted by the City Engineer, the facility has become a part of the municipal system of the City of Auburn. All maintenance and operation costs of said facility shall be borne by the City of Auburn. I~ 1 33 VII. UNAUTHORIZED CONNECTION Whenever any connection is made into the facility described in Exhibit A under this agreement without such payment having been made in accordance with Section III of this agreement, 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. VIII. CURRENT ADDRESS The OWNER herein shall agree to keep a current record of his/her address and telephone number on file with the office of the City of Auburn Engineer, and shall within 30 days of any change of said address a ephone number, notify the Office of the City Mothe er in writing. If the OWNER fails to do gree that the CITY will r not incur any liab -collectionand/or non- reimbursement of c ER under this agreement. IV. COVENANT RUNNING WITH THE LAND This agreement shall be binding on the OWNER, its successors, heirs and assigns and shall so be binding on the legal owner of all properties described in the attached Exhibit B, their successors, heirs and assigns. This agreement shall constitute a covenant running with all of the land described in Exhibit B herein. The above referenced OWNER agrees to pay all fees for recording this contract with the King County Auditor. CITY OF AUBURN M A Y O R ATTEST: APPROVED AS TO FORM: a City Clerk City Attorney OWNER: BY: BY: TITLE: TITLE: 34 l INDIVIDUALS ACKNOWLEDGMENT STATE OF WASHINGTON)' ) ss COUNTY OF KING ) On this day of 19_, before me, the. undersigned, a Notary Public in and for the State of Washington, personally appeared and to me known to be the individuals who executed the within and foregoing instrument and.acknowledged the said instrument to be their free and voluntary act-and deed ~ for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I.have hereunto set my hand and affixed my official seal on the date hereinabove set forth. NO C and for the State. t esiding at lon Expires• ! CORPORATE ACKNOWLEDGMENT STATE.OF ) ) ss COUNTY OF ) On this day of. 19 , before me, the undersigned, a Notary Public in and for the State of personally appeared and tome known to be the and respectively, of the the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on t oath stated that they are authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN-WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. NOTARY PUBLIC in and for the State of .residing at My Commission Expires: i } 35 ~J EXHIBIT "10" MAINTENANCE BOND J Bond No. KNOW. ALL MEN BY THESE PRESENTS:- That, J as Principal, and , a corporation organized.under the law of the State of and authorized to-do a surety business in the State of as Surety, are held.and firmly bound unto the CITY. OF AUBURN and i f I~ in the sum of lawful money of the United States of America for the payment of which sum well.and truly to l be made,,we bind ourselves, our heirs,-executors, administrators, successors and assigns, jointly and severally, firmly by these . presents: SEALED.with.our seals and dated this LJ WHEREAS, on the , the said as contractor, entered into a contract for for the sum of ) ; and, WHEREAS, under the terms of the specification for said, work, the said is required to give a 36 bond for to protect the against the result of faulty materials or workmanship for a period of one (1) year from and after the date of the completion and acceptance of same, namely, until NOW, THEREFORE, if the said shall for a period of one (1) year from and after the date of the completion and acceptance of same by said rising in said work whether replace any an t resulting from defective erials or defective workmanship, then 4 the above obligation to be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this day of , A.D. 19 By REF. DEVMAN 37