HomeMy WebLinkAbout3889 RESOLUTION NO. 3889
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 AUBURN
56 LLC
WHEREAS, state law authorizes cities to enter into utility payback
agreements with developers who front monies for City utility infrastructure that
would benefit others; and
WHEREAS, such a payback agreement is appropriate for the sewer
infrastructure being instailed by Aubum 56 LLC, west of 124�' Avenue SE, in
Aubum, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1: That the Mayor of the City of Aubum is hereby authorized to
execute a PaybackAgreement for Developers Extension between the City and
Aubum 56 LLC, 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 heretiy authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Resolution No. 3889
July 29, 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_1�l� 2005.
CITY OF AUBURN
! --'
PETER B. L
MAYOR •
ATTEST:
��
D " Ile E: Daskam,
City Clerk
APP A RM:
el B Heid
City Attomey
Resolution No 3889
July 29,2005
Page2
' ' � : 3 f 3 °I
Retnrn Address:
City of Aubum
City Clerk
25 West Main
Auburn, WA 98001 --- -------__ .
20050�22000174
PACIFIC ApJ TIT pG ae.ee '
. PNC6007 OF 008 �
. 08/22/2005 08:28
KING COUNTY, YR . .
Above this line roserved for recording information.
n , _,�_W-L�ps_�a, PAYBACK AGREEMENT#98 ^
����N HINGSLEY MEADOWS FAC03-0013 �dl3g
Graator: City of Auburn -
Grantee : Aubum 56, LLC
Legal Deacriprion/STR: A portion of the NW 1/4 of Se�tion 09, �S I 3�
Township 21N,Range OSE,King County, WA
Assessor's Tax PsrcelID# : 092105-9090, 092105-9076,092105-9085,
0921050-9233 &092105-9112
This Ageement made and entered into tivs�day of �
- 2005 by.and between the City of Auburn, a municipal corporation of King o---�
Washington,hereinafter called the CTI'Y and Aubarn 56,LLC, whose add;ess is 7947
159�PLNE, Suite 100, Redmond, WA 98052,hereinafter referred to as DEVELOPER.
WHEREAS,pursuant to Chapter 35.91 RCW et seq.,the CITY has by Resolution
No.��adopted by the City Council of the CTTY on the��ay of
2005;approved the execution of this Payback Agreement with the
DE LOPER above and referring to facilities described herein; and
8ald doctp!!e�m(e)twnB ffie d A1r
^a�oid by Pa�c NatliwestTAle ae
aaoomr►!cdaEMori o�tly:N haB t+ot Eaan
s�dned as A�ProPe►ezecuticn or
��o�afl��qion tltle.
PAYBACK AGREEMENTfl98 .
KAIGSLEY MEADOWS PAC 03-0013
PAGE I OF 8 . '
WHEREAS, the abov�described DEVELOPER has offered and the CIT1'has ageed to
accept a bill of sale far sanitarysewer and potable water facilities, as part of the utility
systems of the CITY;
NOW THEREFORE, IN CONSIDERA7'ION OF THE CONDITIONS AND
COVENANTS HEREIN,THE PARTIES AGREE AS FOLLOWS:
I: DEVELOPER
The above-described DEVELOPER was the record OWNER of real property
known as the Plat of Kingsley Meadows, King County, Washington and as shown
on Exlubit A, incorporated herein by this reference.
II. FACILITIES
The water and sanitary sewer facilities, wiuch have been constructed by the
DEVELOPER„ have been processed as .Aubum, Developer Public Facility
Extension FAC03-0013 (originals on file at the office of the City Engineer) and
are as generally shown in the attached Exliibit A. The facilities have been
constructed in accordance with the ordinances aad requiremenis of the CTTY, and
have been approved by the City Engineer.
III.. AREA OF FACILITY SERVICE BENEFIT
The pmperties benefited by the water and sanitary sewer facilities constructed by
the DEVELOPER aze shown on Exhibit A and listed on Exhibit B, incorporat�
herein by this reference. The owners of real estate benefiting from the
DEVELOPER's wnstruction shall pay the amount as identiSed in Exhibit B for
their specific parceL All property within the benefit boundary shall be subject to
the connection fee, as provided in this agreement, as a condition of issuance for
the connection permit by the CITY.
IV. . TERMS
For a period of 15 yesrs 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 Exlubit B, and which owner has not fully contributed their
pro rata share to the original cost of the above-descnbed facility, shall pay to the
CITY the amounts shown in Exhibit B attached hereto. The chazge herein
represents the fair pro rata shaze of the cost of construction of said facilities
payable by pmperties benefited. Such properties aze shown in Exhibit A and
listed on Exhibit B. Payment of the]atewmers pro rata share shall be a conditioa
of issuance of the connection permit by the CITY.
� � PAYBAC[C AGREEMENT#98� .
KQJGSLEY MEADOWS FAC 03-0013
PAGE 2 OF B
V. AMOUNT OF REIMBURSEMENT
Sanitary sewercollection facilities: The DEVELOPER,his successors, heirs and
assigns, agees tliat the amounts which the DEVELOPER is reunbursed from the
property owners as specified in Exhibit B of this Agreement, represents a fair pro
rata share reimbursement for the DEVELOPER'S construction of the faciliries
described in Section II of this Agreement. The,amounts per pazcel aze separately
itemized as shown in Exhibit B attached hereto, and totaling not more than
$35,386.90 in full amount.
Water faciliries: The DEVELOPER, his successors,heirs and assigns, agrees that
the amounts which the DEVELOPER is reimbursed from the property owners as
� specified in Exhibit B of Hus Agreement, represents a fair pro rata share
reimbursement for the DEVELOPER'S construction of the facilities described in
Section II of this Agreement. The amounts per pazcel are separately itemized as
shown in Exhibit B attached hereto, and totaling not more than $13,835.49 in full
amount.
Prior to recordation, the C1TY shall mail to the property ownecs, as reflected in
the records of the King County Assessors Office, as specified in Exlribit B,
. . _ .notificarioa of the allocation of costs to be levied against the properties wluch aze
payable prior to connection to the systems. The property owners shall have the
right to a review of the costs with the D'uector of Public Works and shall have
,., twenry-one (21) days from the date of said norice to request an adjustrnent in the
allocation of the chazge to the property.
If the D'uector of Public Works, upon requested review by a notified pmperty
owner(s), does find cause for adjushnent in the allocation of the charge to the
benefited property(s), such adjustment will be made and the DEVELOPER will be
notified of the adjusted amount(s) prior to recordation. The resulting adjusted
Eachibit B shall gove�n reimbursement amounts to be received by the
DEVELOPER, and shall be recorded with this payback ageement.
VI. EFFECT OF AGREEMENT
The provisions of this :4greement 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 Counry in which the real estate is located prior to the
timesuch owner receives a permit to tap into or connect to said facilities:
If for any reason, the CIT1' fails to secure a.latecomer payment for Owner's fan�
pro rata share of the cost of the faciliries, before connection to the extension, the
CITY is not liable for payment to the DEVELOPER.
�PAYBACK AGREEMENT fl 98 . .
KAIGSLEY MEADOWS FAC OJ-0013 � �
PAGE 3 OF S
\
VII. OWNERSHIP OF FACILITY
The DEVELOPER has constructed the facilities described in Section II of this
Agreement, which facilities havebeen accepted by;the CITY 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 CIT'1'. All
maintenance and operation costs of said facility shall be borne by the CTTl',
except as noted otherwise in FAC03-0013.
VIII. UNAUTHORIZED CONNECTION
Whenever any connection is made into the faciliries shown in Exhibit A under this
Agree{nent which is not atrthorized by the CTI'Y, 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 faciliry's right-of-way. The CTTY shall
incur no liability for any damage to any person or property resulting&om removal
of the unauthorized connection.
IX. CURRENT ADDRESS&TELEPHONE NUMBER
The DEVELOPER shall keep a cucrent 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 number, notify the
D'uector of Public Works of the CTI'Y in writing. If the DEVELOPER fails to do
so, the parties agree tliat the CTI'Y may authorize connections resulting therefrom
- <and.not incur any lia6ility 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 binding on the DEVELOPER, its successors, heirs and
assigns and shall so be liinding on the legal ownecs of all properties shown within
tHe benefit boundary of the azea as shown in the attached Exhibits A and listed on
Exhibit B, their sucaessors,heirs and assigis.
XI. HOLD HARMLESS
The DEVELOPER will indemnify and save the CTfY and the CTfY'S officials
and agents harmless from all claims and costs of defense, arising out of tivs
agreement, as a resulf of DEVELOPER actions, misconduct or breach of contract,
including but not limited to attomey's fees, expert witness fees, and the cost of the
services of engineering and other personnel who's time is reasonably devoted to
the preparation and attendance of depositions, hearings, arbitrarion proceedings,
settlement conferences and trials growing out of the demands and/or actions of
property owners incurred in the performance or completion of this Agreement.
PAYBACK AGREEMENT k 98
KIIJGSLEY MEADOWS FAC 03-0013 �
PAGE 4 OF 8
XII. CONSTITUTIONALITY OR INVALIDITY
If any section, subsection, 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 this
Agreement, as it being hereby expressiy declared that this Agreement and each
section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed, adopted and approved and ratifi�irrespective of the fact that any one
or more section, subsection, sentence, clause or phrase be declazed invalid or
unconstitutional.
I
'. �
eter B. Lewis,Mayor
APP D AS .
. C o
ATTEST:
� ��
D le Daskam, City Cletk
DEVELOPER: 1
� `
y . 'lton, Chie€Financial Officer
um , LLC
N:�kingsley meadows sewer paytiack agreement .doc
.. PAYBACK AGREEMENT#98 ' � -
ICQJGSLEY MEADOWS FAC 03-0013
- PAGE�SOF8 i
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I knbw or have sarisfactory evidence that Peter B. Lewis and Danielle E:
Daskam were the persons who appeared before me, and said persons acknowledged that
they signed this instrument,. on oath stated that they were authorized to execute the
instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF
AUBURN to be the free and voluntary act of such parties for the uses and purposes
mentioned in this in§tcument.
_ Dated�'Lt�lC��1ov5
' ,,.....:..� ,, o
�`N�E�C. ,cG�,� -
;Q•t�;�Sg�ON F.�;A:l�'•,�� Notary Public in and for the State of Washington '�
;�io��sTAqy 9N�.9 :� /C c.r�cY �p
� ,
Residing at
. : : �
:��I �� PUe�'G .:��;, My appointment expires � 3' �-�' �
0��y�;'•.3.29:��•'��.
� y4R�F`WAS�\-,
STATE OF WASHINGTOI�
) ss
COUNTY OF KIIVG )
I certify that [Imow or have satisfaotory evidence that Jeffrey E. Hamilton is the person
who appeaazed before me, and said pecson aclrnowledged that he signed this instcvment
- and on oath stated that he was authorized to execute tlie instnunent and acknowledge as
the Chief:Financial Officer of Auburn 56, LLC a limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
Dated y-2q-o5
��-a�
IS U Z A N N E SA R N E S � Notary Public in and for the State of Washington
STATE OF WASHING70N I Residingat��.ono-�t,
II;OTA�Y--^-- PU?l:C ! .
My appointmenf expires �•/6•O 6
i l'Y C.LAI;S&I�H EXPIRCS 2-1G-Gu �
`-----�—____-�I _
PAYBACKAGREEMENT#96
� KAlGSLEY MEADOWS FAC 03A013 � .
PAGE 6 OP S
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PAYBACK AGREEMENT �98 PAYBACK AGREEMENT — sswea uNe msTau.eu
HY DEVCLDPER
DFVELOPER'S EXTENSION — wnrea wrve WSTALLED
PAGE 7 OF 8 ev oeveLOaea
� �
Exhibit B
Payback Agreement# 98
Kingsley Meadows
Water and Sani Sewer Assessment Distribution
Paieel Numtier . Pro Rata Share(S).Wate' Pro Rata Share(S)
Sanitary Sewer
092105-9090 $ 6,873.84 $ 9,357:37
092105-9076 $ 6,243.54 $ 8,499:34
092105-9085 not a licable $ 8,493.05 - -
092105-9233 not a licable $ 3,895.16
092105-9112 not a licable $ 3,914.90
Total Constrqction , g j3,835.49 ' � $''35,38B.90
cos4s -
PAYBACK AGRFFMIIJT p 98
KQJGSIEY MEADOWS FAC 03-0013
PAGE 8 OF 8