HomeMy WebLinkAbout3888 RESOLUTION NO. 3888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A �PAYBACK AGREEMENT FOR DEVELOPER'S
EXTENSION BETWEEN THE CITY OF AUBURN AND NICK AND
RONDA PERIUS
WHEREAS, state law authorizes cities to enter into utility payback
agreements with developers who. front monies for City utility infrastructure that
would benefd others; and
WHEREAS, such a payback agreement is appropriate for the sewer
infrastructure being installecl by Nick and Ronda Perius, north of SE 304"'
Street, in Aubum, Washington.
NOW, THEREFORE,THE CITY COUNCIL OFTHE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor of the City of_Auburn is hereby authorized to
execute a Payback Agreement for Developer's Extension between the City and
Nick and Ronda Perius, in the form substantially as the agreement attached
hereto, marked as Exhibit "1" and incorporated herein'by this reference.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedureg as may be necessary to carry out the directions of
this legislation.
Resolution No. 3888
Juty29. 2005
Page 1 .
Section 3. That this resolution shall be in full force and effect upon
passage and signatures hereon. , �
DATED and SIGNED this�_day of��� 2005.
CITY OF AUBURN
b----�
PETE B. LEWI
MAYOR
ATTEST:
�Q��\1EL.�K�/
Danielle E. Daskam,
City Clerk
APPROVED AS T FORM:
�
�
D el B Heid
City Attomey
Resolution No. 3888
July 29,2005 . .
Page 2
. S4 05'Z�. p S L4tL)
' A- � � � 11
Return Address:
City of Aubum
City Clerk
25 West Main
Aubum, WA 98001
� 20050822000173
P?CIF�C NY TI7 pG gg,�
. 08%2�R�/� �28
KING COUNTY, 41p ,
Above this line reserved for recording informarion.
PNwT-w'�3a5-l3. pAYBACK AGREEMENT#100 ��3q
PERIUS SANTTARY SEWER EXTENSION FAC03-0041
Grentor : City of Aubum
Grantee : Nick Perius ����s���erius
Legal Description/ STR: �epp�d by p�NaU�7Ale ag
Assessor's Tax Parcel ID#: See Exhibit B ��dY•k Aas not b9en
�to ks efte�tYpon dtle.
This Ageement made and entered into this /� day of�� ,
2005 by and between the City of Auburn, a municipal corporation of King County,
Washington, hereinafter called the CITY and Nick and Ronda Perius,whose address is
30240 110T"PL SE, Aubum, WA. 98092, hereinafter referred to as DEVELOPER.
WHEREAS, pursuant to Chapter 35.91 RCW et seg., the CITY has by Resolution
No. .3 5'�� adopted by the City Council of the CITY on the��day of
� 2005, appmved the execution of this Payback Agreement wittt ttie
DEVELOPER above and referring to facilities described herein; and
WHEREAS,the above-described DEVELOPER has offered and the CTTY has ageed to
accept a bill of sale for sanifary sewei facilities, as part of the utiliry systems of the CITY;
, PAYBACKAGREEMENTNI00
MCK PF.RIUS SEWER FAC03-004f
, Page 1 of 8
NOWTHEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN,THE PAR"I'IES AGREE AS FOLIAWS:
I. DEVELOPER
The above-described DEVELOPER is the record OWNER of real properiy as
shown on Exkribit A, incorporated herein by tiiis reference. The real property
described is also known as the Perius Residence located at 30240 110T" PL SE,
Aubum, WA. 98092 in King County, Washington.
II. FACILITIES
The facilities which have been constructed by the DEVELOPER herein aze as
shown on the attached Exhibit A, and processed as Developer Public Facility
Extension FAC03-0041, originals on file at the o_ffice of the City Engineer. The
facilities have been constructed in accordance with the ordinances and
requirements of the CITY goveming the construction specifications for faciliries
of such type, and have been approved by the City Engineer.
III. AREA OF FACILITY SERVICE BENEFIT
The properties benefited by the facilities constructed by tfie DEVELOPER are
shown on Exhibit A and listed on Eachibit B, which is by this reference
incorporated as if fully set-forth herein. Any owner of real estate legally described
within the benefit boundary as shown on Exhibit A and listed on Exhibit B, shall
pay the amount as identified in Exhibit B for their specific pazcel. AIl property
within the benefit boundary shall be subject to the connection fee, as provided in
this ageement, as a condirion of issuance for the connection permit by the CITY.
N. TERMS
For a period of 15 years from the date that the City formally accepts the
developer's utility extension, any owner (latecomer) of real estate shown on
Exhibit A and listed on Exhibit B, and which owner has not fully contributed their
pro nta shaze to the original cost of the above,-described facility, shall pay to the
CTTY the aznounts shown in Enhibit A attaclied hereto. The charge herein
represen4s the fair pro rata share of the cost of construction of said facilities
payable by properties benefited. Such properties are shown in Exhibit A and
listed on Exhibit B. Payment of the latecomers.pro rata shaze shall be a condition
of issuance of the connection permit by the CTTY.
The CTI'Y shall reimburse the DEVELOPER at six (6) month intervals for any
such amounu collected.
PAYBACK AGRHEMENT t1100 �
NICK PERNS SEWHR FAC03-0041 .
Page 2 of S
Upon the exp'uation of the 15-year term, any assessments collected by the CITl'
will not be reimbursed to the DEVELOPER.
V. AMOUNT OF REIMBURSEMENT
Sanitary sewer collection facilities: The DEVEIAPER, his successors, heirs and
assigns, agrees that the amounts which the DEVELOPER is reimbursed from the
property owners as specified in Section III of this Agreement, represents a fair pro
rata shaze reimbursement for the DEVELOPER's construction of the facilities
described in Section II of flris Agreement. The amounts per parcel aze separately
itemized as shown in Exhibit B, and totaling to not more than $38,735.09 in full
amount.
Prior to recordation the CITY, shall mail to the property owners, as reflected in
the records of the King County Assessors Office, as specified in Secrion III,
notification of the allocation of costs to be levied against the properties which are
payable prior to connection to the systems. The property owner shall have the
right to a review of the costs with the Diiector of Public Works within 21 days
from the date of said.notice for the purpose of requesting an adjustment in the
allocation of the charge to the property.
If the Director of Public Works, upon requested review by a norified property
owner(s), does find cause for adjustment in the allocarion of the charge to the
benefited property(s), such adjusunent will be made and the DEVELOPER will be
norified of the adjusted amount(s) prior to rectirdation. 'The resulting adjusted
_ Exhibits A and B shall govern reimbursement aznounts to be received by the
DEVELOPER, and shall be recorded with this payback agreement.
VI. EFFECT OF AGREEMENT
The provisions of this Agreement shall.not be effective as to any owner of real
estate not apartyhereto unless this Agreement has been recorded in the office of
the County Auditor of the County in wlrich the real estate is located prior to the
time such owner receives a permit to tap into or connect to said facilities.
If for any reason, the CITY fails to secure a latecomer payment for any Ownei's
pro nta share of the cost of the facilities, before connection to the extension, the
CITY shall not be liable for payment to the DEVELOPER.
The entire responsibility for notices, recordallon and completion of this
Agreement is upon the DEVELOPER, who agrees to do all and to hold the CITY
harmless. _
PAYBACK AGREEMENT#I00
NICK PERIUS SEWER FAC03-0041 ,
Page 3 of S
VII. OWNERSHII' OF FACILITY
The DEVELOPER has constructed the facilities described in Section II of this
Agreement, which facilities havebeen accepted bg tfie CTI'Y as satisfactory. The
DEVELOPER has issued a Bill of Sale for the facilities to the CITY.
The facilities have become a part of the municipal system of the CITY. All
maintenance and operarion costs of said facility shall be borne by the CITY,
except as noted otherwise in FAC03-0041.
VIII. UNAUTHORIZED CONNECTION
Whenever any connection is made into the facilities described in Exhibit A under
this Ageement which is not authorized by the CITY, the CITY shall have the
absolute authoriry to remove or cause to be removed such unauthorized
connections and all connecting lines or pipes located in the facility's right-of-way.
Tfie CITY shall incur no liability for any dama�e to any person or property
resulting from removal of the unauthorized connection.
IX. CURRENT ADDRESS &TELEPHONE NUMBER
The DEVELOPER shall keep a current record of his/her address and telephone
number on file with the Director of Public Works of the CITY, and shall within
30 days of any change of said address and/or telephone nwaber, notify the
Director of Public Works of the CTfY in writing. If the DEVELOPER fails to do
so, the parties agree that the CITY may authorize connections resulting therefrom
and not incw any liability for the non-collection and/or non-reimbursement of
charges to the DEVELOPER under this Agreement.
X. COVENANT RUNNING WITH THE LAND
This Agreement shall be liinding on the DE�/ELOPER, its successors, heirs and
assigns and shall so be binding on the legal owners of all properties described
within the benefit 6oundary of the area as shown in the attached Exhibits A and B,
their successors,heirs.and,assigns.
XI. HOLD HARMLESS
1'he DEVELOPER will indemnify and save the CIT'Y and the CITY'S officials
and agents hazmless from all claims and costs of defense, arising out of this
agreement, as a result of DEVELOPER actions, misconduct or breach of contract,
including but not limited to attorney's fees, expert witness fees, and the cost of the
services of engineering and other personnel who's time is reasonably devoted to
the prepazation and attendance of depositions, hearings, azbitration proceedings,
settlement conferences and trials growing out of the demands and/or actions of
properiy owners incurred in the performance or completion of flils Agreement.
PAYBACK AGREQ�4ENT p I00
MCK PERIUS SEWER FAC03•0041
Page 4 of 8
XII. CONSTITUTIONALITY OR INVALIDITY
-- - _ __-- —
If any section, subs.ection, clause or phrase of this Agreement is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of tlus
Agreement, as it being hereby expressly declazed that this Ageement and each
section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed, adopted and approved and rarified irrespective of the fact that any one
or more section, subsection, sentence, clause or phrase be declazed invalid or
unconsriturional.
. -- f
`��
Pet . Lewis, Mayor
ATTEST: APP ED F : �
�;)�� �
; �
Danie4le Daskam, City Clerk 'el B. ei 'ty Attorney
DEVE R:
ck us onda Perius
� H:\STAFFFILES�DARCIFPAYBACKS�PERIUS AGREEMENT.DOC
PAYBACK AGREEMENT M I00� � �
MCK PERNS SEWER FAC03-0041 �
Page 5 of 8
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I lrnow or have satisfactory evidence that Peter B. Lewis and Danielle E.
Dsskam were the persons w6o appeared before me, and said persoivs acknowledged that
they si�ed this instrument, on oath stated that they were authorized to execute the
instrument and acknowledged it as the MAYOR and CI1'Y CLERK of the CI'fY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
mentioned in this inshvment.
Dated ��P 7�Tl�.s
�........�. �
_' `rP�,s N�•FG��'I, �
i�.;��5 F,�A:(� ,�� Notary blic in a'nld for the State of Washington
s cn:��N�7Aqy �'m'9 : . Residing at K� n� �"
� � ` � �
' ' �'"' % My appointment expires �3 • 29 • o
: ��, PUBUC'' '2�
• � ,
�
�4�9T'•.3.29-���:'G�:'
/�''��F`WAS�''��.'
STATE OF WASHINGTOI�
)ss.
County of King )
I certify that I lmow or have satisfactory evidence that Nick and Ronda Perias are the
persons who appeared before me, and said individaals aclmowledged that they signed
this instrument and acl�owledged it to be their free and voluntary act for the uses and
purposes mentioned in this instrument. -
Dated ���p ,�
-��.' �a�s��
Notary Public in arid for the State of Washington
NOTARY Residing at
�UC - My appoinhnent expires ��, o��o
J'�V1N ?
F
PAYBACK AGREEMENT#100
- NICK PERNS SEWER FAC03-0041 �
Page 6 of 8
EXHIBf`f' A
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PERIUS S�WLR i"=��0
� ❑EVELOPER'S PROPGRTY
F'AC03-0047 Pnxcei.s BENLP9TE�
PAYBACK AGREEMENT //10U PAYBACK AGREE;MENT — sewrra uNe �NSTnu�o
DEVELOPER'S EXTENS[ON By pEVF;LOPER
PACE 7 OF 8
Exhibit B �
Payback Agreement # 100
FAC03-0041
Perius Sewer Extension
San Sewer Assessment Distribution
Parcel Number Pro Rata Share(5)
052�05-9�05 - $ 5,635.72
052�05-9�56 $ 8,828.83
052�o5-s08a $ 5,490.24
052105-9083 $ 3,286.22
0521o5-s025 $ 9,798.69
o521os-sisd _$ 5,695.40
Totals , $ 38,735.09
PAYBACK AGREEMENT q I00
MCK PERIUS SEWER FAC03-0041
Page 8 of 8
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