Loading...
HomeMy WebLinkAboutLA 9012061033 Woodland Investment Corp. • FIIEM F7 R[CO D AT REQU S1 QF;FD THIS DAy LA-003-90 OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. RENTON, WA 98055 S-522 DEC 6 i ti '59 Project Number BY T1 E L j irLATBCOMERS AGREEMENT THIS AGREEMENT!!,`made�;and entered into this SRD day of 126-UM eek. , 1910 , by and between the CITY OF RENTON, hereinafter referred to as "CITY, " and John H. Krehbiel, President, Woodland Investment Corporation, hereinaf ter9i r,riete xed to qtsict,-77, p RECD F 1 . 00 "DEVELOPER" ; RECFEE 2. 0n C:RS,HSL +: : :17. t_fl-i WITNESSETH: _; WHEREAS, the "DEVELOPER" is desirous of installing certain CC water systems, sanitary sewer systems, storm water drainage © systems, and/or street improvements including signalization and CD C7 lighting, and appurtenances thereto at, near , or within the N_ C hereinbelow described property and to connect same to the "CITY' S" C7; 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" (RCW 35 . 91 . 020 et seq) and street latecomers' legislation (RCW 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 COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1 . The "DEVELOPER" hereby acknowledges and covenants that he is the owner of the following described property, to wit; LATECOMERS AGREEMENT - 1 • 334390-1252 -04 Portion of Tract 234 Hillmans Lk Wn Garden of Eden #4 Lot A of City of Renton Short Plat No 245-78 Recording No 7907109001 SD Short Plat DAF - W 1/2 of Lot 234 of Hillmans Lake Washington Garden of Eden No 4 . 334390-1253 -03 Portion of Tract 234 Hillmans Lk Wn Garden of Eden #4 Lot B of City of Renton Short Plat No 245-78 Recording No 7907109001 SD Short Plat DAF-W 1/2 of Lot 234 of Hillmans Lake Washington Garden of Eden No 4 . r and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to-wit : Installation of 258 L.F. of 8" D. I . and P.V.C. sanitary sewer pipe, c--) 2 standard manholes and all appurtenances in Blaine Avenue NE, Cr') CD north of NE 20th Street and such installation to be made in full pcompliance with all applicable codes and regulations of the "CITY. " N cm The "DEVELOPER" further covenants and warrants that all expenses Cl") 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. 2 . The "DEVELOPER" further certifies that the total cost of said construction as hereinabove specified is $11,796 . 95 . See Exhibit "A" attached hereto for the legal description of the lands affected by this latecomer agreement, and see Exhibit "B" attached hereto for the map showing in outline the land affected by such additional charges per the terms of this agreement . LATECOMERS AGREEMENT - 2 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 laterals 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 one of the following: a. front foot method b. zone front foot method Cr: c . square footage method M © d. contract method CD e. trip generation (traffic) method (if applicable) N CD X f . other equitable method - divided equally between 6 O) parcels g. any combination of methods a through f . (check the applicable method of assessment) The pro rata cost per parcel is $1, 966 . 16 . 3 . It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest . 4 . The "DEVELOPER" hereby agrees and covenants to convey, transfer , and assign into 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 LATECOMERS AGREEMENT - 3 whomsoever ; "CITY" agrees to accept and maintain said improvement as part of its present system upon approval thereof by the city engineer 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. 5 . The "CITY" reserves the right, without affecting the CY-) validity or terms of this Agreement, to make or cause to be made Cr") extensions to or additions of the above improvement and to allow CED Nservice connections to be made to said extensions or additions, without liability on the part of the "CITY. " 6 . No person, firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of ten (10) years from date hereof, without first paying unto the "CITY, " in addition to any and all other costs, fees, 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 15% LATECOMERS AGREEMENT - 4 • processing 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 : Ten (10) years from date hereof, plus extension if granted by City Council, "CITY" Oshall be under no further obligation to collect or make any further CO sums unto the "DEVELOPER. " CV The decision of the Director of Public Works or his Cr) 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 . 7 . It is further agreed and understood that the aforedescribed improvements to be undertaken and paid for by "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 . 8 . This Agreement shall be placed for record with the King County Auditor ' s Office within thirty (30) days of final execution of the Agreement . LATECOMERS AGREEMENT - 5 • 9 . 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 Oundertake an independent investigation to determine the location of O the "DEVELOPER. " Should the "CITY, " after a good faith attempt to N locate the "DEVELOPER" be unable to do so, the latecomer' s fee CD • 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 . 10 . 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 interest specified in City Code Section LATECOMERS AGREEMENT - 6 • • 3 -241 (B) . 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. 11 . When authorized by the City Council, a latecomer ' s agreement can be extended for a period of up to five years . The extension will be granted upon written request for such extension made by the "DEVELOPER" prior to the expiration of the agreement . MThe latecomer ' s agreement will expire at the end of the ten year period of time or , if extended, at the end of the extended period Nof time, but in no event shall the latecomers agreement be of more _ cr) than 15 years in duration. 12 . By instituting the latecomer ' s agreement the "CITY" does not agree to assume any responsibility to enforce the latecomer' s agreement . The assessment roll 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 "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. LATECOMERS AGREEMENT - 7 DATED THIS 3 Iday of 0.-e C PIA �Y'r� , 19 °(O • CITY • - •E ; , DEVELOPERS �� �j By: JJ -46--....—. /1,1_14 . By: // -j 0 . )C- .���1:� Pile5, Mayor,AE-4lymer rt.(,/t,r.d jklu IMG�c9 F„�77 ��fr7e,ta)1co/1 By: d-h/ � 10- I” By: CV Clerk Marilyn J. Petersen CITY OF RENTON DEVELOPER STATE OF WASHINGTON) STATE OF WASHINGTON) SS . ) SS . COUNTY OF KING ) COUNTY OF KING ) COn this Y544^- day of On this day personally ,,__M 1\jp ll - , 19 qp , appeared before me before me personally appeared c,\vS Li. kE•r.e1low 1 � Eor l CA mer- and Mortc h ,T sem, to me known N to b the ii10.2.4OV- and (Grantor/s) to me known to be CD C. '•!.i ( of tVe municipal the individual (s) described in Q, corpbration that executed the and who executed the within and within and foregoing foregoing instrument, , d Jvh► instrument, and acknowledged acknowledged that A 1 - an . r re-TVO i said instrument to be the free signed the same as 7�hh 1-4_ kr / r l and voluntary act and deed of fee and voluntary act and deed said municipal corporation for for the uses and purposes the uses and corporation for therein mentioned. Given under the uses and purposes therein my jiand and official seal this mentioned, and on oath stated dayof � that he/she was authorized to 19 _ D „ ,cc`', ,,A,A,%,.�' 0 ''tt execute said instrument and " P..-7-:!'\'S5 ' £xo,), �� !, that the seal affixed is the `° �-,/ t, o'f '� corporate seal of said `' irct ( municipal corporation. Signature of�Officer :& 'Off �ic"ial- )Akey Seal i�' '�• t,, IT WITNESS WHEREOF, I have I i s a©Z,, ,e. hereunto set my hand and r0 �` 1,3�E.�a, . �� affixed by official seal the �t.,0i, '' s , ra° �° day and year first above Notary Public inan4 fo.%� fie written. Stat ofashington, residing at 1 12/A,1-r' Si ,nature- & Ti le of Officer My appointment expires : 10 -4ci y 90-437:AMH:ps Nota 4 Pub jic in and for the Stat- of Washington, residing in J2 / My appointment expires : 1/2-1N LATECOMERS AGREEMENT - 8 • EXHIBIT"A" NOTICE OF ADDITIONAL WATER OR SEWER FACILITY TAP OR CONNECTION CHARGES REQUIRED BY RCW 65.08.17(3) (RCW 35.92.025) MUNICIPALITY - CITY OF RENTON, WASHINGTON ADDITIONAL TAP OR CONNECTION CHARGE PER Woodland Investment Corporation Sanitary Sewer Latecomer Agreement PROJECT NO: S-522 RECIPIENT: John H. Krehbiel, President,Woodland Invest. Corp. Cr) TOTAL ASSESSMENT COST Sanitary Sewer Improvements $11,796.95 M TOTAL ASSESSMENT DIVIDED EQUALLY: $11,796.95 = $1,966.16 Each Lot. � 6 lots If there is any questions regarding the paid or unpaid status of the following assessments, Q7 please call the City of Renton, Property Management at 235-2631. NOTE: Sanitary Sewer line assessment charges are due upon connection of commercial property to the 8" developer installed sewer main. Assessment or Ownership Legal Description Additional Charge Parcel No. 1 Portion of Tract 234 $1,966.16 334390-1254-02 Hillmans Lk Wn Garden of Eden#4 Lot C of Schneider Steven City of Renton Short Plat No 245-78 Recording No 2121 Blaine Avenue NE 7907109001 SD Short Plat DAF-W 1/2 of Lot 234 Renton,WA 98056 of Hillmans Lake Washington Garden of Eden No. 4 Parcel No.2 Portion of Tract 234 $1,966.16 334390-1245-04 Hillmans Lk Wn Garden of Eden#4 Lot D of City Schneider Steven of Renton Short Plat No 245-78 Recording No 2121 Blaine Avenue NE 7907109001 SD Short Plat Renton,WA 98056 (2113 Blaine Avenue NE) LATECOMERS AGREEMENT-9 EXHIBIT"A" (continued) Ownership Legal Description Assessment or Additional Charge Parcel No.3 Portion of Tract 234 $1,966.16 334390-1247-02 Hillmans Lk Wn Garden of Eden#4 E 1/2 of S 1/2 Bygland Brian and Jennifer Less S 213.19 Ft EX W 25 Ft of N 83. 19 Ft of SD S 2024 Blaine Avenue NE 213.19 Ft. Renton,WA 98056 Parcel No.4 Portion of Tract 234 $1,966.16 334390-1244-05 Hillmans Lk Wn Garden of Eden#4 Hovey Mark A&Malinda J N 83.19 Ft of S 213.19 Ft of E 1/2 Less W 25 Ft. 2018 Blaine Avenue NE Renton,WA 98056 M (r) Subtotal $7,864.64 C.D Parcel No.5• Portion of Tract 234 ($1,966.16) C7 334390-1252-04 Hillmans Lk Wn Garden of Eden#4 Developers Property Lot A of City of Renton Short Plat No 245-78 C] Recording No 7907109001 SD Short Plat DAF-W CT) 1/2 of Lot 234 of Hillmans Lake Washington Garden of Eden No 4 Parcel No.6• Portion of Tract 234 ($1,966.15) 334390-1253-03 Hillmans Lk Wn Garden of Eden#4 Developers Property Lot B of City of Renton Short Plat No 245-78 Recording No 7907109001 SD Short Plat DAF-W 1/2 of Lot 234 of Hillmans Lake Washington Garden of Eden No 4 Subtotal Assessment Cost of Recovery $7,864.64 Less 15%Processing Fee Due City of Renton -1,179.69 Subtotal $6,684.95 Credit of$200.00 deposit +200.00 Total Latecomer Fee Due Developer $6,884.95 •Developer's property,Parcels No.5 and 6,are not assessable under the terms of this agreement. ww/a/woodland/AMH/bh LATECOMERS AGREEMENT- 10 EXHIBIT "B" '' LATECOMER MAP WOODLAND INVEST. CORP. LATECOMER AGREEMENT S-522 BLAINE AVENUE NE SEWERLINE IMPROVEMENTS NORTH OF NE 20TH ST. PORTION E 1/2 STR 5-23-5 • a ,ii , 10 11 12 13 /4 15 a 16 % 17 18 Lf n :