HomeMy WebLinkAbout1977 1l ' . •
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1 RESOLUTION NO. 1 9 7 7
2 A RESOLUTION OE THE CITY COUNCIL OF THE CITY OF AUBL7RN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
3 A PAY BACK AGREEMENT BETWEEN THE CITY OF AUBURN AND DALE PLATT
ENTERPRISES.
4
. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:.
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� 7 Section 1. The Mayor and City Clerk of the Cify of
� Auburn, Washington, are herewith authorized to execute a Pay
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� Back Agreement between the City of Auburn and DALE PLATT
PI 9
Olo ENTERPRISES. A copy of said Agreement is attached hereto,
� 1.1 denominated as Exhibit "A", and made a part hereof as though
set forth in full herein.
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Section 2 . Upon the passage of this Resolufion, the City
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Clerk of the City of Auburn shall cause this Resolution and
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attached Exhibit "A" to be recorded in the office of tfie King
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County Auditor.
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Section 3 . The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directives of this legislation.
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� DATED and SIGNED this 5th day of June, 1989.
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Resolution No. 197'7 , , -E G G;� h��
26 Page 1 fi�j� ��`+ `
May 26, 1989
`�f.V� S�N: G=?�13�'-�.
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1 ITY OF
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3
M A Y O R
4 -
5
6 ATTEST:
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a �.,�ti!�n / l,(��c./L��/i� �r ,
tJ� 8 Robin Wohlhueter, Cs.ty Cler1
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� APPROVED AS TO FORM:
� 10
11
12 Marquerite Sche]:lentrager, City Attorney
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� Resolution No. :1977
Page 2
May 26, 1989
. , . '. '
1 PAY SACH AGREBMENT
_ �
3 THIS PAY BACK AGREEMENT (this "Agreement") is made and
4 entered into this � day of ��Y , 1989, by
- 5 and between the CITY OF AIIBIIRN, a municipal corporation of the
6 State of Washington, (hereinafter called the "CITY") and PLATT
� 7 EDiTERPRI8E8, a sole proprietorship, whose address is 24262-
C�
O 8 183rd Avenue SE, Kent, Washington 98031, (hereafter referred
�
� 9 to as "OWNER") .
� 10' WHEREAS, pursuant to Chapter 35.91 RCW et seq. , the CITY
� 11 has, by Resolution No. 1 q7' / adopted by the City Council of
12 the City of Auburn, Washington on the � day of
13 , 1989, approved the execution of this Pay Back
14, reement with the OWNER above arid referring to facilities
15 described herein; and
16 WHEREAS, the above described OWNER has offered and the
17 CITY has agreed to accept said facility as part of the utility
18 system of the City of Auburn;
19 NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
� COVENANTS HEREIN,. THE PARTIES AGREE AS FOLLOWS:
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26 Pay Back Agreement-Platt
Page 1
D:\agree pba-p
May 16, 1989
1 i. Owner.
2 The above described OWNER is the record owner of
3 real property legally described as follows:
4 Lots 1 tfirough 5, il, 12, 21, 30, 33, 41,
48 and 55 of Cobble Creek Division 2
5 located in Section 5, Township 21 N, Range
5 E, King County, Washington according to
6 the plat thereof recorded in Volume 136 of
� Plats, pages 80 through 82, records of
� � King County, Washington.
ln $
p� 9 The OWNER has constructed the facilities described in
CD
� 10 Section 2 of this Agreement, which facilities have been
� accepted by the City as satisfactory. The purpose of this
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Agreement is to provide for reimbursement of the OWNER herein
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and the OWNER's heirs, successors and assigns by any owners of
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real estate who did not contribute to the original cost of the
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subject facility and who subsequently connect to or use the
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same, and to assess those owners of real estate a fair pro
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17 rata share of the cost of construction of the facilities.
2 . Facilities.
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19 The facilities which have been constructed by the
20' OWNER herein are as shown in the attached Exhibit A,
21 incorporated by reference in this Agreement and herein
22 referenced as DE Numbers 365 and 366 on file at the office of
23 the City Engineer. The facilities have been constructed in
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26 Bay Back Agreement-Platt
Paqe 2
D:\agree pba-p
May 16, 1989
1 accordance with the ordinances and requirements of the City of
2 Auburn governing the construction specifications for
3 facilities of such type, and have been approved by the City
4 Engineer.
5 3. Tertn.
6 For a period of 15 years from the date of recording
7 of this Agreement in the King County Office of the County
0�
� 8 Auditor, any owners of real estate shown within the boundaries
N9 denoted by a heavy solid line (which line is deep red on the
� 10 original) on the attached Exhibit "B" map (which map is
� 11 incorporated by reference in this Agreement) who have not
� 12� contributed to the original cost of the above described
13 facilities shall pay the CITY OF AUBURN as a conditi.on for
14 connecting to the public sewer system the amount of $0. 0122
15 per square foot of area of their real estate, this amount
16 representing the cost of the Green River crossing and the
1� sewer trunk line west of Green River Road.
18 In addition, the owners of real estate that lies north of
19 the dashed division line (which line is pink on the original
2� exhibit) shown on Exhibit "B" that are able to utilize tlie
21 sewer trunk extended through Cobble Creek Plat from the Green
� River Road shall pay to the CITY OF AUBURN as a condition for
� connecting to the public sewer system an additional amount of
2,4
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Pay Back Agreement-Platt
� Page 3
D:\agree pba-p
May 16, 1989
1 $0. 0194 per square_ foot of area of their real estate, this
? amount representing the costs of oversizing the .sewer trunk
3 line from the Green River Road to the east line of. Cobble
4 Creek Plat.
5 In addition, the owners of those parcels of real estate
s bordering the sewer trunk from Green River Road to the east
�
� � line of plat on 304th Way SE and having direct access as
N $ marked by a hash-mark line (which line is green on the
a�
td 9 original exhibit) shown on Exhibit "B" shall pay to the CITY
O
p� 10 OE AUBURN as a condition for connecting to the public sewer
�
11 system the amount of $17. 50 per front foot of frontage
12 bordering the sewer. It has been agreed that the CITY OF
13 AUBURN Park property (except for the Golf Course Clubhouse and'
14 Golf Course Maintenance Building, the assessable areas and
15 front footage for which are depicted on Exhibit B) and some
16 very steep slope areas will not be further developed during
17 the period of this Agreement and therefore, have not been
18 included in this Agreement as indicated on Exhibit "B" .
19 The CITY shall exercise due diligence in remitting to the
� OWNER all sums collected pursuant to this Agreement.
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26 Pay Back Agreement-Platt
Page 4
D:\agree pba-p
May 16, 1989
1 Any owner of real estate who pays the OwNER directly
2 shall be required to submit a release to the CITY, signed by
3 £he OWNER, as evidence of such payment prior to connecting to
4 the public sewer system.
5 The area charges and front footage charges set forth
6 herein represent the fair pro rata share of the costs of
� � construction of said facilities, payable by properties
`On $ described in Exhibit "B". Payments required herein are a
� 9 condition of issuance of sewer tap-in permits by the CITY OF
CO
� 10' AUBURN.
� 11 CITY OF AUBURN park property west of Green River Road
12 shall be considered to have paid all contributions
13 contemplated under this Aqreement to said OWNER due to havi:ng
14 granted use of an existing structure to house control
15 equipment associated with this project, the value of which is
16 equal to said contributions. All said control equipment shall
I� remain in the owriership of the OWNER.
18 4 . Amount of Reimbursement.
19 The OWNER and the OWNER's successors, heirs and
� assigns agree that the amounts which the OWNER will collect
21 from the owners of real estate as specified in Section 3 of
22 this Agreement represent a fair reimbursement for the OWNER's
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26 Pay Back Agreement-Platt
Page 5
D:\agree pba-p
May 16, 1989
1 ' construction costs for the facilities described in Section 2.
2' of this Agreement.
3' 5. Sffect of Aareement.
4 The provisions of this. Agreement shall not be
5 effective as to any owner of real estate not a party hereto
6' unless this Agreement has been recorded in the Office of the .
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� � County Auditor of the county in which the real estate is
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� $ located prior to the time such owner taps into or connects to
� 9 said facilities.
� 10 6. ownershin of Facilitv.
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11 The construction of the utility extension having
12 been completed' and accepted by the City Engineer, the faciTity
13 has become part of the municipal system of the CITY OF AUBURN,
14 pROVIDED THAT, the control equipment in Section 3 of this
15 Agreement shall remain the property of the OWNER and the
16 OWNER's heirs, successor and assigns. All maintenance and
17 operation costs of said facilitg,, including the control
18 equipment, shall be borne by the CITY.
19 �, IInauthorize8 connection.
20
21 �enever any connection is made into the facility.
22 described in Exhibit A under this Agreement without such
� payment having been made in accordance with Section 3 of this
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26 Pay Back Agreement-Platt
Page 6'
D:\agree pba-p
May 16, 1989
1 Aqreement, the CITY shall have the absolute authority to
2 remove or cause to be removed such unauthorized connections
3 and all connecting lines or pipes located in the facility's
4 right-of-way or to otherwise enforce the payment of connection
5 charges, required by this Agreement. The CITY shall incur no
6 liability for any damage to any person or property resulting
'J�
� from removal of the unauthorized connection.
� 8 8. Current Address.
f'�
N9 The OWNER herein shall agree to keep a current
� 10 record of his/her address and telephone number on file with
O
� 11 the Office of the City of Auburn Engineer, and shall within
� 12 thirty (30) days of .any change of said address and telephone
13 number, notify the Office of the CITY OF AUBURN Engineer in
14 writing. If the OWNER fails to do so, the parties agree that
15 the CITY will not incur any liability for the non-collection
16 and/or non-reimbursement of charges to the OWNER under this
17 Agreement on account of non-current address and telephone
18 number.
19 9. Conenant Runnincr with the Land.
20 This Agreement shall be binding on the OWNER, its
21 successors, heirs and assigns and shall also be binding on the
22 legal owners of a11 properties described in the attached
_
23 Exhibit "B" , their successors, heirs and assigns. This
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26 Pay Back Agreement-Platt
Page 7
D:\agree pba-p
May 16, 1989
1 Ag=eement shall constitute a covenant running with all of the
2 land described in Exhibit B herein provided, however, that the
3' OWNER, upon giving written notice of assignment to the CITY OF
4 AUBURN Finance Director along with a copy of the assignment
5 instrument (the form of which notice and the form of which
6 instrument shall be reasonably acceptable to the Finance
� Director) , shall be entitled to assign its rights and
�
� g delegate its duties under this Agreement to any person. The
� 9 assignment instrument shall provide that, should a
� 10 reimbursement check be inadvertently mailed by the CITY to
� 11 assignor, the assignor shall be responsible for forwarding the
�
12 funds to the assignee. The CITY shall incur no liability to
13 �e assignor or assignee if the assignor fails to remit the
14 funds as required by this Section. The CITY's obligation to
15 pay over sums collected pursuant to this Agreement to any
16 devisee, mortgaqee, assignee or other transferee of the OWNER
17 shall be contingent upon formal written notice of such
18 transfer being tendered to the Finance Director along with the
19 documentary evidence of such transfer to the satisfaction of.
2O the Finance Director. In the event of transfer, the
21 transferee shall have all of the rights, duties and
22 obligations of the OWNER under this Agreement. The above
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26 Pay Back Agreement-Platt
Page 8
D:\agree pba-p
May 16, 1989
1 referenced OWNER agrees to pay all fees for recording this
? contract with the King County Auditor.
3 lo. Hold 8armless.
4 The OWNER agrees to indemnify, defend and hold the
5 CITY, its agents and employees harmless from any and al1
s claims by any person, and related to the provisions of this
7 Agreement, except where such claim arises solely from the
� $ negligence of the CITY, its agents and employees.
O 9
� CITY OF AtTBIIRN
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� 11
� 12
M A Y O R
13
14 ATTEST:
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16 �.A-[U�t ) �.�/�,f ll.l,L/�.1/(�
Robin Wohlhueter, City Clerk
18
APPROVED AS TO FORM:
19
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22 Margue ite Schellenfrager, Cify Attorney
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26 Pay Back Agreement-Platt
Page 9
D:\agree pba-p
May_ 16, 1989
1 pWriI;g;
2 PLATT ENTE PRISES
3
4 BY:
DA LATT
5
TITLE: Sole Proprietor
6
7
8 STATE OE WASHINGTON )
9 ) ss
� COUNTY OF KING )
�
� 10 On this � day of , 1989, before
O me, the undersigned, a Notary Public in and for the State of
!,/) 11 Washington, personally appeared DALE PLATT, to me known to be
0 12 the individual who executed the within and foregoing
instrument, and acknowledged said instrument to be his free
� and voluntary act and deed, for the uses and purposes therein
� 13 mentioned.
14 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal e date hereinabove set forth.
15
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16 " :;.��
1,� . ,�p.�;,�C/^, ." NOTARY LIC in d for the .. tate
OQ.a�S�ON f,',AiB`,yy� of Washington, residing at �,C-c.ocv�
.� �: �
18 .� ��TARy N: � MY COA�RISSION expires: 3 !0 rf
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19 �.�+pUBt�Gp�'�:a.t
2p �9fF 9 10;����,'���
�f WAS��
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� Pay Back Agreement-Platt
Bage 10
D:\agree pba-p
May 16, 1989
1 STATE OF WASHINGTON )
2 ) ss
COUNTY OF KING )
3 On this � day of .��J , 1989, before
me, the unders gned, a Notary b ic in and for the State of
4 Washington, personally appeared BOB ROEGNER and ROBIN
WOHLHUETER, to me known to be the Mayor and City Clerk,
5 respectively, of the CITY OF AUBURN, who executed the within
and foregoing instrument, and acknowledged said instrument to
6 be the free and voluntaxy act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath
7 stated that they are authorized to execute said instrument on
behalf of said corporation.
8
IN WITNESS WHEREOF, I have hereunto set my hand and
Q� 9 affixed my official seal the date hereinabove set forth.
� 10
� 11 ��,v �� -
OTARY BLIC in and for the ta e
of Was ington, residing at
O 12 ; � �
. � MY CONIIKISSION expires: `���'-�//
� 13 �
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26 Pay Back Agreement-Platt
Page, ll
D:\agree pba-p
May 16, 1989
• STATE OF WASHINGTON)
� � � � 65�. � � . .
COUNTY� OF KING )
i, Robin Wohlhueter, the duly appointed, qual'ified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate ,in the County of King, State oE
Washington, do hereby certify that the foregoinq is 'a fu13,
true and aorrect copy of Resolution No. 1977 of the
resolution of the City of Auburn, ent3tled "A RESOLUTION. °
I certify that said Resolution No. 1977 was duly passed
by. the Council and approved by the Mayor of the said City of
Auburn, on the 5th day of June A.D. , .1989.
Witness my hand and. the official seal of the City of
Auburn this August 1, 1989, A.D.
' _��? ' . �
Robi�n W�of hueter
City Clerk
City of Auburn
' - - CITY OF AUBURN ��`j/ ��G�
" (/
' INTER-OFFICE MEMORANDUM \ 'T� � �
Y .
TO: Barbara Hill DATE: January 29 , 1988
FRQ1W:_ Pat, Dugan/`�''` y'--�� f}�j/�7 �• !3 , �
(/
RE: Dale Platt Accounts
J
Mr . PTatt ' s letter raises several concerns :
I. I would have no objection to the application of funds from
hi.s "bond." account to his account for paying city fees if
Yhe amount of money to be transferred is no longer needed
for the security for which the bonds were initially intended.
This requires Larry Dahl ' s approval .
2 . Whether any such balance in the cusYomer ' s deposit account
shouid be returned depends upon whether Mr . Platt has
satisfied all the coriditions for which we are hold that for
security. If he has , according to Larry Dahl ' s approval ,
he should, of course, be refunded the money. Mr . P1atY elso
has the alternaiive oY posting e bond to provide the
guarantees necessary , in which case we would return the
balance.
3 . Mr . Platt requests an interest penalty in the amount of
E546 be waived in part due to our holding of a cash deposit
upon which we are drawing interest . As Mr . P1aYt is aware,
our holding of a cash deposit for this purpose is extra-
ordinary. Normally,, bonds are provided to� provide the
guarantees that are being required. It was at Mr . Platt ' s
option that he chose to post cash instead. Our department
has no record of assuring to him that we would allow him to ,
earn interest on the posting of this cash. Had that been
parY of the request ,, we probably would not have agreed to
� his posting of cash in lieu of a bond in light of the
administrative expenses that such extraordinar.y procedures
naturally entail . The City is not a bank , and we do not
provide banking services ; iY Mr . Platt wishes to have banking
services , he should go to a bank. .
4. I have no knowledge regarding his second allegation regardin�
the waiving of the 5546 in interest .
While I am reasonably conY.ident oY my position regarding these
matters , any response to Me . Platt which incorporates my denial
of interest on the money we are holding should first be reviewed
by the City Attorney in order to insure that I am not overlooking
any legal obligation. In getting the Gity Attorney ' s advice
regarding this matter , please make sure that he is aware that
this is not the same question as our holding oP a retainage under
a contract to insure performance. I am aware that in those
instances , we are required to account interest .
PD/gb
File: Agreements , Developers
A88.2
. . :; ;'
" � ,
Mr. Dale Platt
' 24262 T83rd Ave. SE
Kent, 1JA 98031
January 20, 1988
Mr. Larry Dahl
City of Auburn
25 West Main Street
Auburn, WA 98001
Dear Mr. Dahl:
.
I would like to apply my balance of approximately
$2,839 . 00 in Account DE365 to the $5,803.00 in Account
DE366 leaving a balance of approximatrely $2,964.00 .due
to the City of Auburn. I would .like this balance paid
off from my account in the General Fund Custormers '
� Deposits Account 001-00-239-100, the balance of. which
is $8,000 to $1�,000.3 .Also, I would like this remain-
ing balance after paying Account DE366 to be returned
to me. In addition, I am requesting the finance depart-
ment to wave the 3nterest penalty on Account DE366 in
the amount of $546.64 because it is unfair because of
two things: first, the large cash 'deposits the City of
Auburn required iri three acounts upfront that were not
interest bearing and secondly, the 200� additional
charge in inspection fees given on the off-site sewer.
I would very much appreciate these steps being taken in
the closing of these accounts . •
p et ly
�Q. �
Dale Platt
DP: cp
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PROPER'P! ASSgS3MEN'PS AND GHAAGEB POR SEMBR ARP.AS
� P�IO '1'0 '�'RC ��S p2L4uSEMERUARE!►S�ER HOOR UPS
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m�■ pay-back aqL!la�e�� Eetveen CI7Y OF JWBURN Rnd DAL�
PU►T'l�wa�ANT RaUNNi11C MITB !H6 I.�►NA� Th sraqTeenienC ti�all �
bindlnq on the leg�l. ow�+ers o! all propereies desac�bed Ln Lha
attaehed Exlbit 14. t�als wctessoce. �e�=s a°dr,`hjill�o[Tthe
sgreeseoe shall eoesticuce � Cave�ent ruiCe1i of lena ln Bxhlbit
ls�d ae�erib�d !n Lxhibit �•peekeagreement �lth tAe CItY Of
� ar� •tfected •ich ihe pay-
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t�e E�st Ri:: Se�= ��°��lin !!fe South66a11n'O! said o�=
S1.7T6 por aere. ChA[y
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t� .ity e[ A�dnie Gol[ Course as sho6n on p1aL �P �
Th� prop�rtr o.�en in Exhiblt A rfll b� tssQ►1fd T,� �6 �
Aoak �P Lo th� Cley oL l►ubuen ■evec sYstr^. COnlaCO ps i
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• Law Offices �"
, HALINEN & UANDER WEL, P.S. �
� A Professional Serrrice Corporation � : �-/7�1
Bellevue Place/MGM Buildmg (2 454-8272
DAVID L.HALINEN.P.E. , 800 Bellevue Way AIE. Suite 376 Fax(206)646-2851
. , - . . . . Bellewe.Washington 98004 . �
\�`a,�y - o �,��
- �� December 2 , 1992
City of Auburn
Department of. Public Works
25 West Main
Auburn, Washington 98001-4998
Attn: Mr. Joe Sickler
Re: Pay Back Agreement Between the City of Auburn and Dale
Platt Enterprises (See Auburn City Council Resolution No.
1977) ;
DEMAND THAT THE CITY SECURE REIMBURSEMENT TO DALE PLATT
FOR RECENT HOOKUPS OF THE "NORTH MEADOW" AND "MULBERRY
LANE" SUBDIVISIONS
Dear Mr. Sickler:
� As a follow-up to our recent phone conversation, I have done
some additional research and have learned that two subdivisions
lying within the pay back area described in the May, 24, 1989 Pay
Back Agreement between the City of Auburn and Platt Enterprises .
have been fully.completed in terms of road and utility improvements
and� have had final plats recorded: namely, a subdivision calle.d
"North Meadow" and a subdivision called "Mulberry Lane". I
understand that the sewer systems for . these two projects have
already been connected to the existing City of Auburn public sewer. .
Pursuant to the Pay Back Agreement, the City should already have
either (i) collected reimbursements from the developers of these
subdivisions- for the benefit of PTatt Enterprises and forwarded
such sums to Platt or (ii) denied fhe connections to the public
sewer system. Further, the square footage charges should have been
collected in terms of the gross square footage of these two parcels
that were subdivided.
In view of the' above, on behalf of Dale Platt I hereby demand
that the Cify of Auburn take immediate action to collect the swns
owed to Dale Platt Enterprises pursuant to the Payback Agreement.
and forward a check to me (made payable to Dale Platt) for such
sums. (I am herewith, forwarding to you a copy of a May 25, 1992
letter that Dale Platt sent to Marv `Seabrands specifically
notifying the City that all such checks should be forwarded to me. )
City of .Auburn, Department of Public Works -
Aftn: Mr. Joe Sickler •
December 2 , 1992
Page 2 - '
Thank you for your cooperation with respect to the above.
Please phone me if you have any questions or comments.
Sincerely,
' HALINEN & VANDER WEL, P.S.
� ` � L�%�
i
David L. Halinen
DLH:tlh
Enclosure
cc: Mr. Dale Platt
2525 Himalaya Court �
Colorado Springs, Colorado 80919 +�
phone: (719) 593-7513 � :S �� i� r "''+ �+
;`�; � r J „ ..�
w . . � .
Mr. Pat Dugan (w/enclosure) '
Auburn Finance Department Direcfor ��� !� 'a�.,
l�.12 ' .
AuburneCb�anEn� ineer . �w/enclosure) . C �11y pP��,,J�RIr .
Y 3 ��CiEr%i:i OrI;CF
P.S. Please pay special attention to the fact tkiat anothe=
subdivision project in the pay back area, "Kendall Heights" (City
of Auburn File No. 591P0o12) has obtained preliminary plat
approval. While that project apparently is nbt yet under
construction, please be watching for a :future sewer connection for
it and require reimbursement to Mr. Platt for sums tfiat will be due
him as a result of that subdidi.sioa (as well as for sums that will.
be due him as a result of any other developments within the pay
�
back area. ) DLH
_ c:V+pf50\2788\sickler.ltr - � .
. � o ���� ���
. � MAY �
_ 2 9 1391.
Hafinen & Vander Wel. P c
Mr. Dale Platt
2525 Himalaya Ct.
Colorado Springs , CO 80919
May 25 , 1992
Mr. Marv Seabrands , P.E.
. City Engineer `
_ Department of Public Works
'� RE: PAYBACK AGREEMENT BETWEEN THE 'CITY OF AUBURN AND MR.DALE .
• .. PLATT. RESOLUTION N0. 1977 , RECORDING NO. 9811300822
� Dear Mr. Seabrands:
Because of my living in Colorado Springs , Colorado, I have
asked my attorney, Mr. Dave Halinen of Bellvue Dlace/ MCM Bldg. ;
800 Bellvue way NE, Suite 376 , Bellvue, wA 98004 to act on my
behalf in collecting payback money for me. Elease designate
Dale Platt as payee on all payback checks and forward them to
" Mr. Halinen. He will then forward them to me because there are
� so many new plats in my 515 acre sewer payback area. Mr. Halinen
Wi11 work closely with the City o£ Au'�»rn to make sure the people
. that hook up to the sewer system pay their fee to me. This agree-
ment is a fifteen-year agreement with the City of Auburn to co1-
• lect fees for me. Could your, Mr. Seabrands , please put the par=
cel numbers of the �13 prope*ties that are affected by this pay-
' back agreement. in the computer in the Building Department. You ..
requested this from me for locating the properties. I sent you
the parcel numbers', tax payers names and locations, and a color'-
, coded map that costed me $1 ,ZOO , to have assembled -- all in the
' effort fo"r this collection project. Also, the last time we �
talked, you said a 'builder• had been hooked up to sewer in my
service area, and that he owed some money to me. Could you please
check into this matter. If he owes some money to me, could you '
please forward this 'inoney to my . aftoiney Mr. Halinen. Also, I am
enclosing a letter,�that I sent my attorney Mr. Halinen about this .
matter on April lqth, 1992 about. helping me collect fees that are
due. I appreciate yoiir cooperation.
R pect lly, i t r. ` " c �
� ��-Ca.(/1 � ; :. � a1 J "' TM�
Dale Platt
�r� �} .���Z
DPacap � , .
E^cl : Letter to Mr. Halinen ��T'� r�� A`-'_'-�PI
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. L+w offices
HALIIVEN & UANDER WEL, P.S.
, ..
' � . A Professionql Service Corporation ��� ��//���,
"- Bellevue Place/MGM Building (206)454-8272
DAVID L. HP,LINEN,P.E. 800 Bellevue Way NE,Suite 376 Fax(206)646-2851� .
� � � � , � . Bellevue, Washington 98004 . . �
April 30, 1992 -
� Marv Seabrands, P.E.
Auburri City Engineer
25 West Main
Auburn, •Washington 98001-4998
RE: Pay .Back Aqreement Between the City of Auburn and Dale
� Platt Enterprises (See Auburn City Council Resolution No.
1977)
� �Dear Mr. Seabrands: •
I represent Dale Platt, an individual who formerly did
business as "Dale P1att Enterprises" and who is a party along with _
the City to the above-referenced Pay Back Agreement: As you .know,
Mr. Platt is now living in Colorado Springs, Colorado. Because of. '
his distant location from this area, he has asked me to advise you
tha£, until further noLice to the City, I will be (1) acting -on his �,
� behalf in dealing with the City concerning the above-referenced Pay.
Back Agreement and (2) serving as his agent to receive sewer pay
back checks :as they become.available. Please stand so advised. On
all pay back checks, please designate Dale. Platt as the payee but
forward them to me at my office address indicated on this sheet.
Upon my receipt of such checks, I will then forward them to Mr.
Platt.
Please note that Mr. Platt has experienced a good deal of .
frustration concerning the City's handling of pay back funds with
regard to one of tHe properties within the pay back area. Even .
though Mr. Platt had already informed your office of his Colorado
address, the pay back funds that -. the City received were
nevertheless deposited into the City's general fund. Not. until
" some six .months had passed and Mr. Platt had been forced to make
many phone calls to the City was he .able to secure his money. We
would greatly appreciate the City taking pains to make su"re that,
in the future, funds are not deposited ,into the general fund but,
rather, forwarded to. me ;as- noted above until further notice.
. . .
Marv Seabrands, P.E. .
AiiSura Cify Engineer .
April. 30, 1992
Page 2 -
Thanlc you for. your attention to this matter. Please phone me
'imaiediately should you have any questions regarding thss
arrangement. -
Sincerely,
HALINEN & VANDER WEL, P.S.
, � �
avid L. alinen
DLH:tlh
cc: Mr. Dale Platt
� 2525 Himalaya Court
Colorado Springs, Colorado 809T9
phone: (719) 593-7513 "
� Mr., Joe Sickler
City of Auburn
Departmerit of Public Works (1 R � I� n 110 fP (� .
��{ 16 16 v V l5 �� ��
Mr. Pat Dugan �U lUJ ,
Auburn Finance Department Director MAY t �ggZ
CITY OF AUBURN
CITY CLERKS OffICE
� a121881SUband.ltr � � �
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N V1
, . {
Mr. Dale Platt
_ 2525 Himalaya Ct.
' Colorado Springs, CO 80919
: May 25. 1992
Mr.. Marv Seabrands , P.E.
City Engineer �
Department of Public Works
RE: PAYBACK AGREEMENT BETWEEN THE CITY OF AUBURN AND MR.DALE
PLATT. RESOLUTION NO. 1977 , RECORDING NO. 9811300822 "
Dear Mr. Seabrands : •
Because of my 13ving in Colorado Springs , Colorado, i have. ,
asked my attorney, Mr. Dave Halinen. of Bellvue Dlace/ MCM Bldg.. , �
800 Bellvue Way NE,. Suite 376 , Bellvue, WA 98004' to act on my
behalf in colTecting payback money for me. Elease designate
Dale Platt as payee on all payback checks and forward them to,
Mr. Aalinen. He will then forward them to me because there are
so many new plats in my 515 acre sewer payback area. Mr. Halinen
y�ill work closely with the City of �AUbi�rn to make sure the people
that hook up to the sewer system pay their fee to me. This agree-
ment. is a fifteen-year agreement with the City of Auburn to c61- '
lect fees for me. Could your, Mr. Seabrands, please put the par-
cel numbers of the �13 properties that are affected by this pay-
back agreement iri tHe computer in the Building Department. You
requested this from me for locating_ the properties. I sent you
the parcel numbers, tax payers names and locations, and a color-
coded map that costed me $1 ,200 to fiave assembled -- all in the
effort for �this collection projecf. Also, the last time we
talked, you said . a builder had. been hooked. up to sewer in my
service area, and ttiat he owed some money to me. Could you please '
check into this matter. If he owes some money to me, could ,you
please forward this money to my attorney Mr. Halinen. Also, I am
enclosing a letter that Z sent my attorney Mr. Halinen about fhis
matter on April lqth, 1'992 about heTping me collect fees that' are
due. I appreciate your cooperation_
R , pect lly,
, Dale Platt
DP:cap
E^cl: Letter to Mr. Halinen . '
� � `�T.;����:�' CITY OT' .� U �3U �tN C � `,' T � NNIAL 1891 19t; ?
, "�t%'i:c:.
r
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i��:l\'�q' �i���� �\u�:!_Ilt'f • _l \� � I � I:1 '! I',".'f .'�U� ll�il.`�':1: 1!Il_..tll ��,� � . 1�
� ���� ����
May 14, 19 9 2 MAY 1 $ 199z
- — � Halinen 8, Vander Wel, P.S.
Dave Halinen
Halinen & Vander wel, P.S.
Bellewe Place/MGM Suilding
800 Bellevue Way N.E. , Suite 376
Bellevue, WA 98004
RE: Payback Agreement between the City of Auburn and Dale Platt
Enterprises
Dear Mr. Halinen:
We are in receipt of your April 30 letter, indicating you are now
the agent for Dale Platt and will be acting on his behalf in
collecting Payback Agreements for the sanitary sewer, which Dale
constructed as part of the Cobblecreek Development.
We would like to receive a designation from Dale Platt indicating
that he has appointed you as his agent to collect the Payback
Agreements, and would like to place that on file with the Finance
Department, as well as the Enqineering Department for future
Payback funds.
If you have further questions regarding our concern, please do
'not hesitate to contact me at (206) 931-3010. .
Sincerely,
��%r�„""" �.a�`�'„^'.�
Marv Seabrands, P.E.
City Engineer
Department of Public Works
MS/bd
REF. H:\ENGINEER\E92\E92-490
Mr. Dale Platt
2525 Himalaya Ct..
Colorado Springs, Colorado 80919
April 14 , 1992 '
Mr. David L. Halinen, Attorney-at-Law
1-]o(,-ys5'-8�7� oFarc.c
�-aob- LYb- �8s� F'a�
RE: Update on Pay-back Agreement with City: of Auburn and Dale Plat�
Dear Mr. Halinen:
Regarding our phone call of Tuesday, Rpril 14, 1992 ,
on my pay-,back agreement, I am enclosing the front page of
this agreement as it is all I have. Could you please .send --
me a copy of the rest of this agreement Resolution No. 1977,
dated 20th of: Novemkier 1989, Recording No. 9811300822. The
last time I ,talked to.Mr. Marv Seabrands,' he told me he� had
collected several. thousands of dollars from developers that:
had hooked up to sewer in 'mp service area. I haue not re-'
ceived this money yet. Also, many new plafs are beinq devel-
oped in my 515 acre sewer pay-back-area. i. .will list some of
them, their approximate location, area charge, and acreage: -
area. . Also, please check to make sure the City of Auburn put
the parcel numbers of the .413 properties that are affected :by
this pay-back agreement in its compuEer in the Huilding De-
partment. Mr,.. Marv Seabrands has the parcel numbers, tax-
payeis ` names, and locations. He requested this from me' .for
. locating the property. Also, i submitted to_ him a large �
color-coded map of all the 413 propetties . Please c6eck and
, make sure he still has this as it cost me $1,200 to have .this
for him - Also,. when they figure the area charge, _ they must
figure the roads and green belts in the area charge for each
_
lot makincj the area charge more money. The agreement I tiad
with Mr: Joe Sickler and Mr. Marv Seabrands was that the money
was to be sent to me when there was a hook-up. I• was to send
to the City of Auburn a letter that this person paid h'rs hook-
up fee. Tfiis is the policy i agreed to. We did this on the
first two hook-ups -- Mr. Nichols ' one-arce lot and Suncrest
Homes ' 10-acre property. Then for some reason, when the school
' hooke3 up, �the money was sent to the general fund. and not me_
They said it was an accident. It took me six months acid many
phone calls to get iny money, which is not right. Please call
me at 1 719 ;593-7513 after you talk with City of Auburn.
R spect�,p,l.ly,
Illl-G�
�.rn.ta
Dale Platt
cc: Mr. Marv Seabrands
� NEW PLATS
1 . Glenn Kara, 9.47 acres , Dowl Engineering l 206 682-7441, " .
�10115 SE 304th, Auburn, WA . 98002
. Area char,ge $5 ,044 ($531 per acre with 9.47' acres '
7,437 front foo charge 517 .50 with 425 feet -.
- 512,,481 as< Da�e
2. Carrington S1uff , Henderson Homes, Triad Engineering Company,
of Kirkland, WA; . 812-8448, 112th and 116th Avenue �,South,
approximat�ly�.� 12 acres -
Area charge 51,376 per acre ,
x12 acre's.
, $16 ,512 due Dale Platt on hook�'"up
3. North Meadows, 10 acres (? ) 116th Avenue SE, 'across from
junior high school
4. Malbary Lane, 10 acres , 116th Avenue SE, ,across from 7'unior
high school '
5. Kendale Heights Engineering Company in Townsent, 854'-2043
6. Cimarron Place, 16 lots, 116th Avenue SE
7 . Auburn 'Punjab Estates, 16 lots, 116th Avenue SE
8. Family Home NeigHborhood, Connei, Rainier Shadows, 25 acres � .
224th, 455=.9280
9 . Norman E. Larson 251-6222 , Thomas Barghausen� Engineering
Comapny: for Ila Lichtenwalfei, 100th Avenue SE and .
102nd Avenue SE, Auburn; WA,: plat" application NtS.
S91P0034 �
Please check with Mr. Seabrands `on any new plats coming up
in this sewer .area. AS each persoa fiooks up they need to send
me_or you a check. , �
. �. .
. ,. - � � .
Mr. Dale Platt
24262 183rd Ave. SE
- Kent, WA 98042 . .
432-4121 .
April 10 1990,
Mr. Marv Seabrands, Gity Engineer
Engineering Division
25 West Main '
Auburn, WA 98001-4998
Dear Mr. Seabrands ��
The following is an update on Cobble ,.Creek I . Green
River Construction will build the P.R.V. station, This � , � .
company will _also do the oyerlay on Green River Road and .
-' wi11' cal'1 you for A preconstruction meeting: I apologize
for the delay. ,. •
T am also enclosing a. recorded copy of the� property
, assessments and charges for sewer pay-back agreement between
Dale Platt and the City of Auburn Recording Numbe= 89IT300822
' and Recording Number 8906150369 . Mr. Joe Sickler said I had
the option of hading the money from sewer tiook-ups sent to
me. .I ' would like for this to tiappen. After. the 'funds from
a. sewer hook-up have been received by me, I wili give a letter
�,to the person having hooked-ap showing he has paid and: the
' �lien. has been released on his. property. . There are 413,.,pro-
perties in . the. 515 acres this agreement �affects: i' am re-
questing that the parcel numbers and property owners ' names
be, entered into your computer in the building .department for
idenfificat:ion purposes and notification purposes_on who is
hooking upr �
it appears that the new school coinplex will be complete.
by the end of this spring. The hook-up fee is approximately
$21 ,240 (40 acres x $531 = $21 ,240 . Also, there, are new
plats in the area that are coming on line in 1990.. Please
let me know when they hook up as I would like to apply the
funds :to the P.R.V. station and Green River Road overlay �=:1 ""' `'' "
projects,. Beyond this, of course, I would like to recuperate.
some of the money I .spent , for this extensive sewer :line.
By the way, please tell Carry Roe that Green River Con- `
struction will be doing the' work. I ' l1 stay' in touch..
Re t Y,
�
'�` —�_ Dale Platt
DP:cp
� �.
_ �..
� 808 ROEGNER MAVOR ENOINEER�Np OIVISION
FRANKA CURRIE,DIRECTOR OF GUBLIG WORKS � ' 25 WEST MAIN,AUBURµWA98001•4888
MARV SEABRANDS,CITY ENQINEER �,�, � (208)931-3010 .
January 23, 1989
Mr. Dale Platt
Platt Enterprises
24262 - 183rd Ave. S.E.
Kent, WA 98031
SUBJECT: Reimbursement Agreement Eor Oversized and Off-Site
Sewer Line Serving the Dale Platt Subdivision .
Dear Mr. Platt: .
In response to our meeting on the above subject and your
subsequent request, I offer the followinq as the City Policy
relative to Payback Agreements.
Oversized and off-site facilities designed and installed to
serve a specific drainage area are subject to Payback
Agreements. Reimbursement to the owner is provided for
under Section I of the attached Agreement.
We are currently reviewing the design drainage area of the
above referenced sewer line. The approved design drainage
' area will become part of the Agreement. It would be our
intent to require property within that specific design
I drainaqe area to reason.ably connect to or otherwise use the
subject oversized or off-site facilities, and thereby pay a
fair pro rata share of the cost of such facilities as
� determined by Section IV of said Agreement.
I hope this meets with your needs. If you have any
questions please let me know.
Sincerely: � �
� �(,(�y�'r�aC
Frank A. Currie
Public Works Director
FC/bd
cc: David L. Halinen, P.E. , J.D.
REF. DE366
I
'� c� c ��
DATE July 5, 1988
TO • Mayor Roegner
FROM Frank Currie
SUBJECT Cobble Creek Sanitary Sewer (Dale Platt)
During 1984, Dale Platt approached the Public Worke Department eeveral
timee trying to find an affordable method for him to build eewere to
hie plat of Cobble Creek (at that time known as Auburn Heighte). The
firet correepondence found concerning a river croeaing wae a letter of
September 21, 1984 requeeting permiaeion to conetruct a amall lift eta-
tion for hie property and pump the. eewage acroee tLe river in a emall
farce main hung from the foot bridge at 22nd Street N.E. StafP dis-
couraged thia idea.
In that time period, Pat Nevine aeked Joe Sickler to wozk up some kind
of City participatioa propoeal with Dale Platt that we could take to
the Public Worke Committee to aee if they would be intereeted, Dale
Platt aleo polled many reaidente fn the area to determine if there wae
any intereet in an L.I.D. whiah turned out to be negative. Joe Sickler
tells me Jack Bereiter talked with bond counsel concecning a eingle
party L.I.D, for fundtng whicL wae recommended againet. Aleo, at that
time, we were apparently in conflict with the Boundary &eview Board on
eervice to Lea Hill which Jack wanted to clear up before a decieion was
made.
During tEis eame time period, Auburn Way South sanitary eewer connec-
tion moratorium came about and City eewer money ta open up a nea area
did not aeem appropriate when there wae a possible problem with the ex-
ieting eyatem cequiring funde. Platt decided in 1985 to proceed on hie
own and City help ia .financiag the eewer wae dropped (aee attached liet
identifying conetruction echeduling).
Since conatruction, Mr. Platt hae been puxauing eome aort of payback
agreement with�the City. While there are additional landa served by
the aewer line he has conatructed� it ie not common practice to enter
into auch an agreement "after the fact". �
We have proposed to Mr. Platt's engineers eome parametere under which
rre would aonaider reviewing a propoeal for a payback agreement. Aa far
ae I know, we have not come to a meeting of the minda on thie iaeue at
thia time.
Str-ly-yl �M� 11J�[d CYIAIJIUC CJtiRVW II�V� rnn nv� LVV'tMJAVY� • • ��
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PROPER'1T ABS���TB 1►NO CBAPGES fCR BEMER AN6� „
PJ1ID '!C '�'RE us,t, pILLUBEMER A�5�� NOOR i1P6
` �q - p6S0�,�qlpt�l 110. 1977f A c�aelqtion oI tha eLly OOUnCl1 oi
. � o .
t�e Ciey o[ AubYrn. ��baek�aqseuaa�enLibitveen��l�iay[I7'YnOf `Y
Cltck to �xeeuta a par'
�1v8VA11 �nd 0�� P�Tt' �� 8406150�69.
!h!� p+Y'��k �gteN"Qne E�lwe�n CI'!'f OF J�tlBURN �nd Dl►L
PN►TT rA�OCR�I� MITN �E 11.�IID� Th���qeee�.nt sM11 De
attaehed Ls1Dte1R����e�uc�snorspehe�=�ianAao s1;u� �'M+i�s
sgreesent �l+all eoestteute o eo!C4nenc rvnnlns Yieh all ot ths
la�d eeserib� !n 6xhiblt A•bs x�a9TK�'��e�lth tA��CilY Ofhlblt
A er� al�eetea_vich ihe peY- nace [eet er
1108NI1t1 ��d ��4 R�T�• �h°r9ef vitl►ie tha MoetA 8�s1e acea ot
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=1.�16 �s acre. Chs`4�qustet[ooc orhsS�l1VsTfaero4 �erer ;
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