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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 �-� 1 AGREEMENT Rec: $83.00 8/281 KING C17O NT , MW 6 KING COUNTY, WA FIRST AMERICAN 1 jV ' ' " Crn 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 +0\e. ,1 coP Fwst • • f ,., ' • 1 bits • "'A'AL LA149 a7/31/17, Project:North Auburn Logistics Job No. 14423 July 25,2017 Revised:July 31,2017 BDG/kma 14423L.006.doc 14423exh03-Parcel A.dwg Page 7 of 10 / \ EXHIBIT A (continued) DEPICTION OF REAL PROPERTY 1=250' I I r - 1- - - -r - T- - tt. I I I I 1589'1T4YE 13.50' - - - J _I J 1N713'02'E 81.14' 8. 287TH ST. • 1 i 589'17'47T977.72' 6 =630'50' �N8746'58"W R=482.50' 212.40' to Ory OF AUBURN BLA14 0006 =54.85' N R=44.40! co .74 2 w PARCEL A .-a)- -� ,, 626,711 SQ. FT. o E, 14.3RE� NO 201606019°°°°6 060170p0p6 � 1 \ 11— S89'17'471 1291.28' — L 1I Rle:\\Paallo-W\Projects\14000s\14423\survey\14423e.h03-Porcel Adwg Dole/Fme:7/31/2017 9:33 AM KIM ANDERSON SCALE: For: 1 JOB NUMBER HORIZONTAL 1"=250' VERTICAL N/A NORTH AUBURN 14423 GHgV 18215 72ND AVENUE SOUTH LOGISTICS Q S KENT, WA 98032 14423L.006.doc 4/ _41 ., FZ (425 251-6222 _ C,,. 1} _ (425;251-8782 FAX Title: PAGE 24711;jro 5 CIVIL ENGINEERING, LAND SEWER AtENGN' ENVIRONMENTALPLANNING, V SERVICES AGREEMENT 8 p 10 DESIGNED (DRAWN KMA ICHECKED BDG (APPROVED BDG IDATE 7/25/17 8 I El 1=200' 0 100 200 400 0 c �> 0 SVA\.w. \�AVAAA� rdno ��� �A �'1� y O IJ 1 S. 287TH STREET J. b ih E[4! co rwilarres , c ._,. agirs /ear p • A. 1 -----------N, > - ! :7FOROE!N !rII �— r o / , _ AUTHORITY TO ACCESS AREA L I�, ' A = Lo _ _ -SEWER PUMP MANHOLE FORCEMAIN y MI _ - PROPOSED BUILDING -7= 7 = DCC o )111 � * m o. sir Ali -o D r N EXISTING MANHOLE CONNECTION TO FORCEMAIN m I FiHe:P:\14000s\14423\exhibit\1 '423—EXHIBIT B.dwg Date/Time:8/2/2017 12:39 PM Scale:1" = 1' RCOX Xref: ---- 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. 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