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Home My WebLink About3324 12ESOLUTION NO. 3324 A RESOLUTION OF THE CITY COUNCIL OF TH_E- CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND LAKEHAVEN UTIL-ITY DISTRICT FOR THE PURPOSE OF PROVIDING SEWER SERVICE TO THE PEASLEY RIDGE DEVELOPMENT PROJECT. WHEREAS, the residential development of "Peasley Ridge" is located within an unincorporated area of King County designated for future annexation to Auburn at approximately 51St Ave. S. and S. 321St St., and WHEREAS, Auburn lacks a franchise to operate, maintain, repair, and construct sewer mains and service lines, and appurtenances in, over, along, and under County roads and rights-of-way within the area of King County, Washington in which Peasley Ridge is located; and WHEREAS, Auburn is in the process of completing an update to its Comprehensive Sewer Plan and intends to thereafter apply for, and reaeive, a franchise with King County to enable it to provide sewer service to that area of King County in which Peasley Ridge is located; and WHEREAS, Lakehaven does have a franchise agreement with King County, dated July 8, 1996 and expiring on July 8, 2021, to provide sewer service to that area of King County in which Peasley Ridge is located; and Resolution No.3324 February 16, 2001 Rage 1 of 4 WHEREAS, while service through Lakehaven's sewer system is available, sewer service to Peasley Ridge is more feasible through Auburn's sewer system; and WHEREAS, Auburn received a requesf for sewer service to Peasley Ridge from D&E Investments LLC, the owner thereof, hereinafter referred to as �Developer", in December, 1997; and WHEREAS, Auburn and Lakehaven are pursuing separate agreement befinreen them that would establish a common sew.er service area boundary befinreen their respective service areas that would provide for the most efficient sewer service to future customers at a reasonable cost; and WHEREAS; both Aubum and Lakehaven agree that Peasley Ridge is best served on a permanent basis by a direct sewer connection to the Auburn system; and WH€REAS, Auburn entered into a Developer Public Facility Eztension Agreement ("Extension Agreement") with the Developer under which the Developer is required to construct necessa_ry public improverrients to serve Peasley Ridge, and to provide cash bond for these improvements; and WHEREAS, Lakehaven is willing to accept interim ownership and to assume interim responsibility for operation and maintenance of the Developer's Resolution No. 3324 - February 16,2001 Fage 2 of 4 public sewer improvements, subject to the te�ms; limitations, and conditions of this Agreement; and WHEREAS, Auburn is willing to accept ownership and responsibility for operation and maintenance of the Developer's public sewer improvements upon obtaiping a sewer franchise from King County to serve the area in which Peasley Ridge is located. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: , Section 1. The purpose of this resolution is to enable the City of Auburn to provide sewer service to the Peasley Ridge Deyelopmenf Projecf, Section 2. The Mayor and City Clerk of the City of Aubum are herewith authorized to execute an Interlocal Sewer Service Agreement regarding the Peasley Ridge Development Project between the City and Lakehaven Utility District. A copy of said Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3324 February 16, 2001 - Page 3 of 4 DATED this�day of _ _ , 2001. CI�( OF AUBURN � � � D CHARLES A. BOOTH MAYOR ATTEST: , � �-�.� _ - - Da ielle E. Daskam, City Clerk APPROVED AS TO FORM: � �i _ � ichael J. Reynolds, , City Attorney Resolution No. 3324 February 16, 2001 Page 4 of 4 � � ��1 24 PAC2F C Nkl T T AG 33.80 Retum Address � �e: oR � Auburn City Clerk Ki�i��Trs"i�� City of Auburn 25 West Main St Aubum, WA 98001 RECORDER'S C01/ER SHEET Document Title(s) (or transac�ans contained therein) �/!3 ��l!'�T Gtl-S�g<o-/2. [NTERLOCAL SEWER SERVICE AGREE[VIEIVT BE'MIEEN C1TY OF AUBURN AND LAKEHAVEN UTILITY DISTRICT Reference Number(s) of Documents assigned or released � QAddrtianal reference�'s on page of document c�v � Gran#or(s)/Borrower(s) {Las#name first, then f�rst name and mit�als) o LAKEHAVEN UTILiTY DISTRICT � �, � 0 � Grantee/Assignee/Beneficiary: (Last name f�rst) 0 0 �" CITY OF AUBURN Legal Description {abbrev�ated i e lat, block, plat or sectton, township, range) PER RCW 39 34 Q Acldihon,a.l fegal rs on page of docume�t Assessor's Property Tax ParceUAccount Number 9e�d d�.00ure��, �0°e''d df►�Ac kalM�et TiNs ae PER RCW 39 34 �� .r aa b il�vli4�t u�+glli. ❑Assessor 7ax#not yet ass+gned . Y iNTERLOC�►L SEIIVER SER\OIC� AGR��iU[�NT (Peasley Ridge Development Project) � This Agreement entered �nto by and between the City of Aubum, a municipa( corporation of the State of Washington (hereinafi�er "Auburn"), and Lakehaven Ut�lity District, a municipal corporation of the State of Wash�ngton (hereinafter"Lakehaven°). WHEREAS, the residentia( development of "Peasley R�dge" is located w�thin an un�ncorporated area of King County designated for future annexat�on to Aubum at approx�mately 51�Ave S. and S 321 gt St , WHEREAS, Aubum lacks a franchise to operate, mamtain, repair, and consti-uct sewer mains and service Imes, and appurtenances in, over, along, and under County roads and rights-of-way within the area of King County, " Washington �n which Peasley R�dge �s loca#ed, and WHEREAS, Aubum is �n the process of completmg an update to �ts Comprehensive Sewer Plan and mtends to thereafter appiy for, and rece�ve, a franchise with Kmg County to enable it to provide sewer service to that area af Kmg County in which Peasley Ridge is located, and � lNHEREAS, Lakehaven maintains a franchise agreement with King �" County, dated July 8, 1986, and exptring on July 8, 2021, covenng the area of a King County in which Peasley Ridge is located, and � `" WHEREAS, while service through Lakehaven's sewer system is availabie, � sewer seryice to Peasley Ridge is more feasibte through Auburn's sewer system, � and r WHEREAS, Auburn rece�ved a request for sewer service to Peasfey � Ridge from D&E (nvesttnents LLG, the owner thereof, hereinafter referred to as � "Developer", m December, 1997, and WHEREAS, Aubum and Lakehaven are pursuing a separate agreement between them that would establish a common sewer service area boundary between #heir respectnre service areas that wauld provide for the most e�cient sewe�service to future customers at a reasonable cost, and WHEREAS, both Aubum and Lakehaven agree that Peasley R�dge is best served on a permanent basis by a direct sewer connection to the Aubum system; and WHEREAS, Aubum entered mto a Developer Public Facility Extens�on Agreement ("Extension Agteement") wlth the Developer under which the Exhib�t A Resolui�oh No 3324 IAubum•Lakehaven Sewer Service Agreement Page 1 of 4 (Peasiey Ridge Development) � M � . Developer is required to construct necessary public improvements to serve Peasley Ridge, and to provtde cash bond far these improvements, and WHEREAS, Lakehaven is willmg to accept interim ownership and to assume interim responsibility for operat�on and maintenanee of the Developer's pablic sewer tmprovements, sub�ect to the terms, limitations, and cond�tions of this Agreemenf, and WHEREAS, Aubum, being willmg to accept transfer of ownersh�p and respansib'ility for operation and mainfenance of the Developers public sewer �mprovements upon obtaining a sewer franch�se from King County to serve the area in whtch Peasiey Ridge is located _ _ _ _ NOW, THEREFORE BE IT AGREED AS FOLLOWS: 1. Cons�stent w�th the terms of th�s Agreemen# and Lakehaven's sewer franch�se agreement with Kmg County, Lakehaven shalt own, operate, and maintain, for the penod of time descnbed herein, public sewer improvemenfs for Peasley R�dge, constructed pursuant to the Extension Agreement between Aubu�n and Deve(oper, to the pomt of connection of said improvements with Aubum's existing gravity sewer at 60�' Ave. S at 1N St NW Aubum shafl receive sewerage from Peasley Ridge through these improvements, and shall -� provide sewer service from this pant through the Auburn system for ul�mate � disposa( to the King County sewer treatment plant at Renton, Washington � 2. Aubum shal! administer all aspects of the Extension Agreement, including � the construction of the sewer improvements required to serve Peasley Ridge to Aubum standards. Lakehaven shall have the�r�ght to inspect and approve plans � for and construcfion of the publ�e sewer improvements required to serve Peasley � R�dge as necessary to comply w�th Lakehaven's sewer franchise with King r-- County. Upon request from Aubum, �akehayen shal! apply for the R-O-W permit � required from K�ng County for construction of the Devetoper's publre sewer �mprovements m KEng Courtty nght-of-way 3. Lakehaven and Aubum shall wark in goad faith to review all pro�ect plans, and to inspect all project construction, in a timely manner, and, where and when appropriate, to modrfy Aubum's standa�ds to facilitafe compliance with the terms and conditions of Lakehaven's sewer franchise with King County Aubum agrees that it shall be responsible to comply with ariy requirements that this Agreement be submitted to the King County Boundary Review Board for approva! 4. Upon Developer's completion of construction of sewer improvements and satisfaction of all terms and cond�tions of the Extension Agreement Auburn shall transfer temporary ownership to Lakehaven of all pu6lic sewer improvements in Ktng County required to serve Peasley Ridge. � Auburn-Lakehaven Sewe�Sernce Agreement Page 2 of 4 (Peasley Ridge Qevelopment) . ; 5. Following satisfactory eompietion of the sewer improvements, property owners wrthin Peasley Ridge may apply for connection to the sewer system as smgie famdy residential customers of the Aubum �ewer Utility Connection charges, monthiy rates and other charges shall be collected as prov�ded for any other single family residential customer of the Auburn Sewer Ufifity tocated outside of the Aubum city I�mits 6. !n consideration of the receipt of the charges referenced in paragraph 5 above, Aubum agrees to prov�de the operatian, repair and maintenance, both ordinary and extraordmary, of the Lakehaven-owned public sewer improvements for Peasley Ridge, as referenced tn paragraph 4 of this Agreement If any such operat�on and maintenance triggers any of the provisions of Lakehaven's sewer franchise w�th Kmg County, Auburn shall promptiy notify Lakehaven Aubum shall abide by any such provisions at the sole discretion of Lakehaven and at tf�e sole cost of Aubum 7. Upon Aubum's wr�tten notice to Lakehaven that it has secured a sewer franch�se with King County for tFie area of King Coun#y m which the Peasley Ridge development is located, a copy o#which franch�se shall be provided witii the written not�ce to Lakehaven, Lakehaven shaEl, by bEfl of sale, immediately thereafter transfer ownership of the facilifies temporarijy owned by Lakehaven pursuant to this Agreement, to Auburn 8. Aubum agrees to reimburse LaKehaven for all expenses incurred by �, L.akehaven, �ncluding the cost of Ume spent by Lakehaven employees calculated � at labor rates used to establish Lakehaven's fees and charges, tn c�nr+ection wrth � this Agreement and the provision of service to Auburn's customers pursuant to � the prov�sions herein Lakehaven agrees to submtt to Au6um, no less than � annually, a stafement of charges due and Auburn sha�l pay the same w�thin 45 � days of the bdhng date The parties agree.to work caoperatively to resolve any � drspute that may anse w�th respect to any such bilhng. Q 9. ?his Agresment may be termmated or modified, but only as agreed to in � writing by botiti tfi�e pa�ties 10. Auburn and Lakehaven agree to indemnify, defend and hold each other harrnless from and against any loss, cost, damage, or expense of any kind ansing out of in�ury to person or damage to property in any manner caused by the parties' own negligent conduct in the performance of th�s mterlocal agreement. 1'1. Th�s Agreement const�tutes the only agreement between the parties conceming sewer service to the Peasley Ridge Development and nothing here�n shall be construed to alter the nghts, responstbtlities, liab�l�ties, or obligations of either Auburn or Lakehaven regard�ng the provisian of sewer service withtn their " respective service areas except as speciftcally sei forth herein Auburn-Lakehaven Sewer Sernce Agreement Page 3 of 4 (Peasley Ridge Development) I LAKEHAVEN UTiLIT'Y DISTRICT Approved by Resotut�o� No N/A of the Lakehaven Utility Drstrrct, Fecleral Way,Washington, at its regular meetmg held on the 22"d day of Februarv. 2001 By. �� Donald T. Perry, G era( Manager Lakehaven Utility istrict Approv as to form: Steven , Pritchett, Genera Counsel Lakehaven Utility District CITY OF AUBURIV Approved by Resolution No 3324 of the C�ty of Aubum, Washmgton, at �ts _.,. regular meet�ng held on the 5t�i day of r�arch , 2001. � � By Attest: � � � ,_, � -� Charles A. Booth, Mayor Danielle Daskam, Cify Clerk �' City of Aubum � � 0 �� roved as t rrn. Michael Reynolds, City Attorney e __ . _ Auburn-Lakehaven Sewer Servtce Agreement Page 4 of 4 (Peasley Ridge Development) � . EXHIBIT„A" Estimated Fee 5chednle for Lakehaven Utility District Table i Estamated Fees for the are�ararion of the Aubnrn-Lakehaven Sewer Sernce Agreement POSITION/ ESTIMATED DESCRIPTION �TE HOURS/UN1T5 TOTALS (I) General Maaager $ 102 00 2 $ 2Q4 QO General Counsel $ 99 00 6 $ 594 00 Engmeer $ 71 00 4 $ 284 00 Techntc�an $ 56 00 3 $ I68 00 Inspector $ 55 00 0 $ - Ksng County Pernut Fee $ 100 QO Q $ - Kmg County Inspechon $ 102 00 0 $ - SUB-TOTAL S 1,250.OU Table 2 Eshmate for Inspection and Pracessmg:of the Peasley Itidge Right of Way Permrt with King Courrty POSITION f - ��T�ATED DESCRIPTION �T� �OURS/UMTS TOTALS + (1) ``" Engineer $ 7100 0 $ co �— Techtucian $ 56 00 5 $ 280 00 � Insgector $ 55 00 14 $ 55.0 OQ � K�ng County Peamit Fee $ ]QO 00 1 $ 100 00 � King County Inspect�on $ 102 00 lb $ 1,632 00 �- SUB-TOTAL $ 2,562.00 � � ESTIMATED TOTAL FOR PROCESSING PERNIIT AND AGREEM.ENT= $ 3,812.00 � r.� (1) Rates shown for Lakehaven personnel mclude overhead at the rate of 112% THIS SCHEDULE iS PROVIDED FOR ESTIMATION PURPOSE.S ONLY. ACTUAL TIIVIE AND MATERIAL EXPENSE WILL BE ACCOUNTED FOR AND BILLED TO THE CITY OF AUBURN. PERSONNEL LISTED ARE"TYPICAL"TOR THIS TYPE OF WORK,BUT IT IS POSSIBLE THAT OTHERS MAY BECOME INVOLVED. l _� s*' -� _ � ;r.. - ��.., LAICEI��Ii� U'I'ILIT'�C 1�I5'1'IZI� < <o� , � ;, . . . aygn 31627- 1st Avenue South � P.O. Box 4249 • Federal Way,Washington 98063 Seattle:941-1516 m Tacoma:927-2922 m Fax: 839-9310 T�ITY DIS'I'�C� MARCH 5, 2001 CHRISTINE ENGLER, P.E. PUBLIC WORKS DIRECTOR CITY OF AUBURN 25 WEST MAIN STREET AUBURN, WA 98001-4998 RE: Auburn- Lakehaven Interlocal Sewer Service Agreement (Peasley Ridge Development) Dear Christine, � Per your request for clarification with Item #8 of the above referenced interlocal agreeinent, I am attaching Exhibit A. This exhibit details the estimated costs to be incurred by Lakehaven Utility District in order that the Peasley Ridge right of way permit may be processed through King County. Most of the actual cost will reflect Lakehaven's and King County's actual inspection time. The exhibit also details the hours being expended for the preparation of this agreement. I hope that this letter settles the concerns of your council. If you have any questions about the rates or estimate of hours,please bring these to my attention. We are willing to work cooperatively to resolve any dispute that may arise with respect to billings and hope to continue working with Auburn to resolve future issues of mutual interest. Sincerely, �.�'�` Bertram L. Ross; P.E. Engineering Manager Lakehaven Utility District Ct Don Perry, P.E., General Manager Mary Young, Development Services Supervisor H:�BRDESK�MEMOS�PEASLEYRIDGEINTERLOCAL.LTR.doc Tom Jovanovich Dick Mayer ponald L.P.Miller Ed StewarE Beverly J.Tweddle Commissioner Commissioner Commissioner Coinmissioner Commissioner