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Home My WebLink AboutPrelim_LCAReturn Address: City Clerk’s Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: LATECOMER’S AGREEMENT Property Tax Parcel Numbers: 032305-9193; 032305-9224; 032305-9257; 032305-9258; 022305-9076; 022305-9082; 022305-9075 and 022305-9092. Project File #: PRM- 27-0036 Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. McDowell Estates, LLC Complete legal description is in Exhibit “B” of this document. LEGAL DESCRIPTION: A portion of the Southeast Quarter of the Northeast Quarter of Section 3, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington THIS AGREEMENT made and entered into this day of , 20 , by and between the CITY OF RENTON, hereinafter referred to as “CITY,” and McDowell Estates, LLC, hereinafter referred to as “DEVELOPER”; WHEREAS, the “DEVELOPER” is desirous of installing certain wastewater systems and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the “CITY’S” utility or road system(s) so that such improvements will constitute an integral part thereof; and WHEREAS, no other property owners or users are presently available to share in the cost and expense of construction of such improvements, and the parties hereto having in mind the provisions and terms of the “Municipal Water and Sewer Facilities Act” (R.C.W. 35.91.020, et seq.) and street latecomer’s legislation (R.C.W. 35.72.010, et seq.); and WHEREAS, the “DEVELOPER” is willing to pay all the costs and expenses for the installation of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: The “DEVELOPER” hereby acknowledges and covenants that he is the owner of the following described property, to wit: See Exhibit “A” and the “DEVELOPER” hereby agrees and covenants to cause to have installed the following described improvements, to wit: 668 linear feet of 8-inch PVC Sewer Main 3 60-inch diameter manholes and such installation to be made in full compliance with all applicable codes and regulations of the “CITY”. The “DEVELOPER” further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both, have been or will be paid in full, all at the “DEVELOPER’S” expense, and the “DEVELOPER” covenants and agrees to hold the “CITY” harmless from any liability in connection therewith. The “DEVELOPER” further certifies that the total cost of said construction as hereinabove specified is $93,000.00. See Exhibit “B” attached hereto for the legal description of the boundary line encompassing the lands affected by this latecomer agreement, and see Exhibit “C” attached hereto for the map showing in outline the land affected by such additional charges per the terms of this agreement. The total amount of the cost of said improvement shall be employed to determine the pro rata reimbursement to the “DEVELOPER” by any owner of real estate who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hookup to or use said facilities, which tap or hookup shall include connections to lateral or branches connecting thereto, all subject to the laws and ordinances of the “CITY” and the provisions of this agreement. The method of determining latecomer payments shall be by: Front Foot Method The pro rata cost is $87.24 per front foot. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. The “DEVELOPER” hereby agrees and covenants to convey, transfer, and assign unto the “CITY” all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever; “CITY” agrees to accept and maintain said improvement as part of its present system upon approval thereof by the Administrator of the Planning/Building/Public Works Department or his/her authorized representative and after inspection of said construction. The “DEVELOPER” further agrees and covenants to execute and to deliver unto the “CITY” any and all documents including Quit Claim Deeds and Bills of Sale that may reasonably be necessary to fully vest title in the “CITY” and to effectuate this conveyance and transfer. The “DEVELOPER” further agrees and covenants to pay unto the “CITY” such service charges or other charges as may be imposed by the “CITY” for use of the improvements for which this agreement is granted. The “CITY” reserves the right, without affecting the validity or terms of this agreement, to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions, without liability on the part of the “CITY”. No person, firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of 15 years from date hereof, without first paying unto the “CITY”, in addition to any and all other costs, fee, and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, or for street, signalization, and lighting improvements, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. All amounts so received by the “CITY” shall be paid out by it unto the “DEVELOPER” under the terms of this agreement within thirty (30) days after receipt thereof, less a 10% administration fee. Furthermore, in case any tap, hookup, or connection is made into any such contracted facility without such payment having been first made, the legislative body of the “CITY” may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories located in the facility or right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the “CITY” whatever. It is further agreed, and covenanted that upon expiration of the terms of this agreement; to wit: 15 years from date hereof, the “CITY” shall be under no further obligation to collect or make any further sums unto the “DEVELOPER”. The decision of the Administrator of the Planning/Building/Public Works Department or his/her authorized representative in determining or computing the amount due from any benefited owner who wishes to hookup to such improvement shall be final and conclusive in all respects. It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by the “DEVELOPER” have been or are about to be connected with the utilities/transportation systems of the “CITY”, and upon such connection and acceptance by the “CITY” through its legislative body, said extension and/or improvement shall be and become a part of the municipal utilities or transportation systems. This agreement shall be placed for record with the King County Auditor’s Office within thirty (30) days of final execution of the agreement. Before the “CITY” will collect any latecomer’s fee, the “DEVELOPER” will transfer title to all of the improvements under the latecomer’s agreement to the “CITY”. The “DEVELOPER” will also assign to the “CITY” the benefit and right to the latecomer’s fee should the “CITY” be unable to locate the “DEVELOPER” to tender any latecomer’s fee that the “CITY” has received. The “DEVELOPER” shall be responsible for keeping the “CITY” informed of its correct mailing address. Should the “CITY” be unable to locate the “DEVELOPER” in order to deliver a latecomer’s fee, the “CITY” shall undertake an independent investigation to determine the location of the “DEVELOPER”. Should the “CITY” after a good faith attempt to locate the “DEVELOPER” be unable to do so, then the latecomer’s fee shall be placed in the Special Deposit Fund held by the “CITY” for two (2) years. At any time within the two-year period the “DEVELOPER” may receive the latecomer’s fee, without interest, by applying to the “CITY” for that latecomer’s fee. After the expiration of the two-year period, all rights of the “DEVELOPER” to that fee shall expire, and the “CITY” shall be deemed to be the owner of those funds. When the “CITY” has received the funds for a latecomer’s fee, it will forward that fee to the “DEVELOPER” within thirty (30) days of receipt of the funds. Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the “CITY”. Should the “CITY” fail to forward the latecomer’s fee to the “DEVELOPER” through the “CITY’S” sole negligence, then the “CITY” shall pay the “DEVELOPER” interest on those monies at the rate of twelve (12%) percent per annum. However, should the “DEVELOPER” not keep the “CITY” informed of its current correct mailing address, or should the “DEVELOPER” otherwise be negligent and thus contribute to the failure of the “CITY” to pay over the latecomer’s fee, then no interest shall accrue on late payment of the latecomer’s fee. When authorized by the City Council, a latecomer’s agreement can be granted for a period of up to but not to exceed 15 years. No extensions will be granted beyond the period of time established by City Council. The latecomer’s agreement will expire at the end of the period of time established by the City Council. By instituting the latecomer’s agreement, the “CITY” does not agree to assume any responsibility to enforce the latecomer’s agreement. The recorded latecomer agreement will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The assessment roll listing the affected properties and the pro-rata potential latecomer charge for each will be on file with the “CITY”. The “DEVELOPER” has responsibility to monitor those parties connecting to the improvement. Should the “CITY” become aware of such a connection, it will use its best efforts to collect the latecomer’s fee, but shall not incur any liability should it inadvertently fail to collect the latecomer’s fee. CITY OF RENTON By: Mayor Denis Law By: Bonnie I. Walton, City Clerk Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this _______ day of _____________, 20____, I certify that I know or have satisfactory evidence that Denis Law is the person who appeared before me, and who signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged as the Mayor of the City of Renton to be to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: DEVELOPER By: By: INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________ ___________________________________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ______________________ ___________________________________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the ____________________ _____ and ____________________ of ___________________________ to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this _______ day of _____________, 20____, before me personally appeared to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print)_____________________________________ My appointment expires:____________________________ Dated: