HomeMy WebLinkAbout20170828000687 SANITARY SEWER IMPR NON-REMONSTRANCE AND PRIVATE PUMP STATION MAINT AGREEMENT 082817 5c- -5 - ti
Return Address:
City of Auburn • - — __ _ _
25 Clerk IIIIIII'IIIIIII�II'IIIIII�IIIIIIIIIiIIIIIIIIIIIIIII'IIIIIIIII►IIII
25 West Main
Auburn, WA 98001 20170828000687
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AGREEMENT Rec: $83.00
8/281
KING C17O NT , MW
6 KING COUNTY, WA
FIRST AMERICAN 1 jV ' ' "
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Above this line reserved for recording information.
SANITARY SEWER IMPROVEMENT, NON-REMONSTRANCE, AND PRIVATE PUMP
STATION MAINTENANCE AGREEMENT
Reference# (if applicable): Additional on page:
Grantor/Borrower: North Auburn Logistics
Holdings, LLC
Additional on page:
GranteelAssignee/Beneficiary: City of Auburn
Legal Description/STR: Sec 35, T22N, R4E Additional on page:
Assessor's Tax Parcel ID#: 3522049016, 3522049024
THIS AGREEMENT is made between the CITY OF AUBURN ("City"), a municipal
corporation, and North Auburn Logistics Holdings, LLC ("Owner"), whose address is 900
SW 16th Street, Suite 330, Renton, Washington 98057, as record Owner(s) of Real Property
("Property") legally described and depicted in Exhibit "A" attached hereto and incorporated
herein by this reference.
In consideration of the conditions herein, the parties agree as follows:
1. APPLICATION
The Owner has requested City approval of the following specified application:
A. Construction of an interim private sewer pump station and force main (the "Interim
Private Sewage Disposal System") on the Property in the area depicted on Exhibit "B"
(the "Interim Private Sewage Disposal System Area") for the purpose of conveying
sewage from the on-site commercial building located on the Property to the public
sewer system located southeast of the Property, as depicted on Exhibit"B" herein.
S.id documents were filed of
record as an accomodation only.
it has not been examined as to
Page I of 10 proper execution or as to Its
1iect upon title
{North Auburn Logistics Sewer Agreement Final.docx}
2. APPROVAL
The City hereby approves the Owner's application subject to the following conditions:
A. The Owner shall not allow any other properties or other buildings than those
approved under building permit number BLD14-0166 to connect to the Interim Private
Sewage Disposal System.
B. The Owner shall be responsible for all costs of the Interim Private Sewage Disposal
System and the costs of any sewer system services provided to the Property.
C. At the time of this connection, Owner shall be responsible for all costs of regular
connection to the City's sewer system infrastructure, including, but not limited to:
1) System Development Charges as defined in Auburn Municipal Code
(ACC) Chapter 13.41 Utility Systems Development Charge
2) Permit connection fees
3) Any fees associated with the ownership of infrastructure in the right-of-way
D. At the time of future connection to a permanent public sewer system, Owner shall be
responsible for all costs of regular connection to the City's sewer system
infrastructure, including, but not limited to:
1) A pro rata share of the cost of the extending the City's gravity sewer
lines across the full frontage of Owner's property on S 287th Street in
order to complete the provision of gravity sewer service to other
fronting parcels
2) A pro-rata share of the costs of design and construction of a regional
public sewer pump station and its associated force main
3) Any applicable permit connection fees
3. LOCAL IMPROVEMENT DISTRICT WAIVER
The parties understand the public interest may require creation of a Local Improvement
District (hereinafter "LID") for installing a sanitary sewer system designed to serve the
Property. The City's approval of the Owner's application is subject to the Owner's agreement
as follows:
A. Whenever a Local Improvement District is proposed for the installation of a sanitary
sewer system designed to serve the Property, whether by petition or resolution, the
Owner agrees on its own behalf and on behalf of its successors in interest, and heirs
and assigns, not to protest the establishment of any LID nor challenge the
assessments levied therefore on the basis of lack of special benefit from the
Improvement.
Page 2 of 10
{North Auburn Logistics Sewer Agreement Final.docx}
4. MANDATORY CONNECTION
If a permanent, public sanitary sewer system is constructed by any means and becomes
available to serve the basin and is within 200 feet of the Property (said basin as defined in
the most recent City of Auburn Comprehensive Sewer Plan), the Owner shall, at the Owner's
expense, connect the Property to the permanent sewer system within 6 months of it
becoming available, abandon the Interim Private Sewage Disposal System, and pay a pro-
rata share, in accordance with ACC Chapter 3.25 Payback Agreements, of the cost of the
permanent, public sewer system.
5. PREVENTIVE MAINTENANCE
The parties understand that mechanical systems such as pump stations require periodic
preventive maintenance to prevent sewer backups and overflows.
Prior to occupancy of the building to be served by the Interim Sewage Disposal System, the
Owner will submit a written "Maintenance Plan" for approval by the City indicating the
activities to be performed as preventive maintenance and their frequency.
The Owner understands, acknowledges, and agrees that the Interim Private Sewage
Disposal System must be maintained to meet the standard set forth in the approved
Maintenance Plan at all times, and that any needed repairs or replacements shall be treated
as a matter of public and environmental health and shall be afforded high priority. To meet
this obligation, the Owner agrees to hire a qualified vendor to perform periodic inspections,
no less frequent than three (3) times a year, and perform preventive maintenance on the
Interim Private Sewage Disposal System that, at a minimum, includes the tasks listed in
Exhibit "C", attached hereto and made a part of this agreement. The Owner agrees to
maintain a record of all maintenance activities of the Interim Private Sewage Disposal
System, including items inspected, observation and assessment, repairs, and replaced parts.
Those records will be kept at 6607 S 287th Street, Auburn, Washington 98032 and will be
available for inspection by City staff upon request. Additionally, the Owner agrees to provide
a copy of the records to the City's Sewer Utility Engineer annually, on or before December 31
of each year.
The owner acknowledges that failing to comply with the requirements of this section may
require additional effort by the City to correct or enforce correction of that non-compliance.
The Owner will be sent an invoice as described in Section 7 (below) to compensate the City
for that effort.
6. MONITORING AND EMERGENCY RESPONSE
The parties understand that any alarms that indicate a malfunction of the Interim Private
Sewage Disposal System must be monitored by a responsible party to help prevent
overflows. The parties also recognize that if preventive measures for the Interim Private
Sewage Disposal System fail and a sewage overflow or spill occurs, that the Owner is solely
responsible for notifying the Washington State Department of Ecology of the spill, and
cleaning and restoring any areas in the vicinity or downstream that were affected by the spill.
Page 3 of 10
{North Auburn Logistics Sewer Agreement Finaldocx}
The Owner agrees to hire a monitoring service that will contact responsible personnel
designated by the Owner in the event the Interim Private Sewage Disposal System
malfunctions. The Owner will also provide a visual alarm at the Interim Private Sewage
Disposal System station and post emergency contact information, including the telephone
number of the Owner, monitoring service, or other designated responsible party. The Owner
shall keep such contact information updated at all times. In response to a malfunction of the
Interim Private Sewage Disposal System, the Owner agrees to immediately cease •
discharging into the system, notify the City at (253) 931-3048, prevent any sewage from
overflowing the sewer system and/or entering the storm drainage system, restore the Interim
Private Sewage Disposal System to operational status, and clean up any spilled sewage,
including any that flows into the storm system and downstream facilities.
The Owner acknowledges that failing to comply with the requirements of this section may
require additional effort by the City to correct or enforce correction of that non-compliance.
The Owner will be sent an invoice as described in Section 7 (below) to compensate the City
for that effort.
7. CITY RESPONSE AND AUTHORITY TO ACCESS
The Owner authorizes, grants and conveys a non-exclusive authority to access to the City in,
on, over, and across the Interim Private Sewage Disposal System Area, as depicted on
Exhibit "B", for personnel, vehicles and equipment for the purpose of implementing
emergency measures to avert sewage overflow. In such an event, the City has the right, but
not the duty, to take measures to prevent overflow. Such measures may include pump
station cleaning, bypass pumping, or shutting off water supply to the property.
If City performs emergency measures, it shall invoice Owner for all fees, costs, and
expenses associated with the work, including but not limited to the cost of all labor,
equipment, materials, and vendors to complete cleanup, operation or maintenance of the
Interim Private Sewage Disposal System and to develop and implement any procurement,
plans, or permitting necessary for the work. The Owner shall pay the costs to City within •
thirty (30) days of receipt of City's invoice. City shall add a late fee of twelve percent (12%)
to any costs invoice not timely paid. If any invoiced costs remain outstanding ninety (90)
days after receipt, City may send it to collections.
If the City or its agent or contractors, as a result of its negligence or willful misconduct,
causes any damage to the Property, the improvements thereon, and/or the Interim Private
Sewage Disposal System, the City agrees to repair or otherwise correct such damages
caused by its negligent or willful misconduct at its sole cost and expense.
8. COVENANT RUNNING WITH THE LAND
This agreement shall be binding on the Owner, its successors, heirs and assigns, and is a
covenant running with the land. Owner shall pay all fees for recording this agreement with
the King County Recorder's Office. In the event that Owner sells, transfers, or otherwise
assigns the Property to any other party prior to the recording of this Agreement, Owner shall
provide a copy of this Agreement prior to said sale, transfer or assignment. If it becomes
necessary for the City to enforce any of the hereinabove provisions of this Agreement, the
Page 4 of 10
(North Auburn Logistics Sewer Agreement Final.docx)
Owners, their successors and assigns, hereby covenant and agree to pay the City all
reasonable attorney fees and costs incurred by the City to enforce the provisions of this
Agreement.
9. TERM OF AGREEMENT
The term of this agreement shall remain in place until a permanent, public sanitary sewer
system is constructed and becomes available to serve the Property by being at least within
200 feet of the Property.
10. SEVERABILITY
In the event that any term, provision, condition, clause or other portion of this Agreement be
held to be inoperative, invalid, void, or in conflict with applicable provision, clause or other
portion of this Agreement, and the remainder of this Agreement shall be effective as if such
term, provision, condition or other portion had not been contained herein, and to this end, the
terms of this Agreement are declared by the parties to be severable.
CITY SIGNATORY PAGE
L <1 $/g��I)/7
Acting ,u is orks Di"re for Date
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that WV YI4 enact LTJ is the person who
appeared before me, and said person acknowledged that'ie signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the Acting
Public Works Director of the CITY OF AUBURN to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
y
Dated livl.l oc-r 'It lit 11
1rst0�','' H..c atW A Ai/hit/4-
„
Moo
0 :44UL�0 $ 2 : Notary Public in and for the State of Washington
frovi
yj<t,
r9'09.Atte 0 residingat t"� ( 61,t= My appointment eApires V,Veinvf•Y ej 'ion
Op WASV” 1 '"
Page 5of10
{North Auburn Logistics Sewer Agreement Final.docx}
•
a•.4
'Owner Date
Owner Date
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that P-,a(-\- & A c&
is the person who appeared before me, and said person acknowledged that he/she
signed this instrument, on oath stated that he/she was authorized to execute the instrument
and acknowledged it as the t'CAocy;n?\ MMM. eie of t or-NnAvbt n.
SA-; CS EtDkI S L.1 .! a corporation, to be the free and voluntary act
of such party foruthe usds and purposes mentioned in this instrument.
Dated %ttll1ll„q, 1
if o pTARy in 10 \ to
ap•. pllBl tG ; Notary Public in and for the State of Washington
%9�e,.pg.g04,`.r,�``.`\Myiding at appo appointment expo es 04— ' AO a.\
�FtWAD-,` `
STATE OF WASHINGTON)
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she
signed this instrument, on oath stated that he/she was authorized to execute the instrument
and acknowledged it as the of
, a corporation, to be the free and voluntary act
of such party for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Page 6 of Ill
{North Auburn Logistics Sewer Agreement Final.docx)
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
Parcel A, City of Auburn Boundary Line Adjustment No. BLA14-0006, recorded under Recording No.
20160601900006, records of King County, Washington.
D. GILL
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a7/31/17,
Project:North Auburn Logistics
Job No. 14423
July 25,2017
Revised:July 31,2017
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14423L.006.doc
14423exh03-Parcel A.dwg Page 7 of 10
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EXHIBIT A (continued)
DEPICTION OF REAL PROPERTY
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Exhibit C
Examples of Preventive Maintenance Tasks for
Interim Sewage Disposal System
Note that this list is by no means exhaustive, and will need to be tailored to match the needs
of the specific station.
• Date of Inspection
• Name and contact information of inspector
• General overall inspection.
• Run Time Meter Reading for each pump
• Flow Totalizer Reading
• Inspect and clean floats
• Inspect check valve for proper seating
• Test alarms (and notification system) for high wet well, low wet well, pump overheat,
pump fail
• Remove and dispose of properly any accumulated grease or rags
• Cycle each pump and observe operation
• Check for inside smells or change of station environment.
• Run pump and check for vibrations.
• Check wet well for debris.
• Exercise all suction and discharge valves
• Lube check valve arms and re-adjust if needed (motors sealed).
• Run at least 2 to 3 full pump cycles.
• Flush out sump pump pit.
• Wipe down panel and pumps.
• Inspect for loose wires or hot spots.
• Wash down and/or paint topside of stations.
• Maintain cleanouts along force main and inspect and clean discharge manhole.
Page 10 of 10
(North Auburn Logistics Sewer Agreement Final.docx)