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Home My WebLink AboutLA 20140115000071 ' , i C � . �� . Return Address: City Clerk's Office � 1055 South Grady Way 4�115m00�71 Renton, WA 98057 201 RENTON AG—RER 83.00 PAGE-001 OF 012 KING5COUNTY,8WA9 Title: LATECOMER'S AGREEMENT Property Tax Parcel Numbers: Project File#: PRM-27-0046,�A-11-01 �ZZ�80-1325,-1330,-1265,-1370,-1365,-1360,- 1355,1670,1675 and 8143450010to 8143450040 Grantor(s): Grantee(s): � 1. City of Renton, a Municipal Corporation Renton Housing Authority Complete legal description is in Exhibit"e"of this document. LEGAL DESCRIPTION: A portion of the Northwest Quarter of the Northwest Quarter of Section 9,Township 23 North, Range 5 East,W.M. in the City of Renton, King County, Washington THIS AGREEMENT made and entered into this �a� day of , 20�, by and between the CITY OF RENTON, hereinafter referred to as "CITY," a d Renton Housing Authority, ' hereinafter referred to as "DEVELOPER"; WHEREAS,the "DEVELOPER" is desirous of installing certain utility or road systems and appurtenances thereto at, near, or within the herein below 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" (RCW 35.91.020 et seq.) and street latecomer's 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: Page 1 . : ' ; ��, � PRM27-0046: RENTON HOUSING AUTHORITY GLENNWOOD TOWNHOMES LATECOMER AGREEMENT 1. 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 have installed the following described improvements,to wit: 1. 900 linear feet of 12-inch DI water main 2. 3 fire hydrant assemblies 3. 412-inch gate valves and such installation made in full compliance with all applicable codes and regulations of the "CITY". The "DEV.ELOPER"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. 2. The "DEVELOPER"further certifies that the total cost of said construction as herein above specified is$214,393.00. The legal description of the boundary line encompassing the lands affected by this�latecomer agreement is attached hereto as Exhibit"B". The map -showing in outline the land affected by such additional charges per the terms of this ' agreement is attached hereto as Exhibit"C". 3. 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 ttie original cost of such improvement, and who subsequently taps into, or hooks up to,or benefits from said facilities,which tap or hookup shall include connections to lateral or branches connecting thereto, all subject to the laws and Page 2 � PRM27-0046: ReNTON Housiru�AuTHORinr G�eNNwoon YowNHonnes LATECOMER AGREEMENT ordinances of the "CITY" and the provisions of this agreement. The portion of total cost that may be reimbursed: $185,997.70 The method of assessment to be used: Front-footage � The pro rata cost is $141.98 per front-foot � Criteria for triggering of Latecomer assessment The assessment from the Latecomer Agreement will�be trigge"red only when a property within the latecomer boundary area is developed and/or redeveloped, such that the development or redevelopment of the proper.ty requires a fire flow demand over 1,500- , � gallons per minutes (gpm),which is the existing water system capacity before the developer's installed improvements. The water main improvements that were installed by the developer under this latecomer agreement will provide fire flow capacity over 1,500 gallons per minute. 4. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. 5. 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 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 to 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 Page 3 1 , � PRM27-0046: ReNroN HousiN�AuTHORinr G�eNNwoon TowNHonnEs LATECOMER AGREEMENT . this agreement is granted. 6. The "CITY" reseryes 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 extensi,ons or additions, without liability on the part of the "CITY". 7. No person,firm, or corporation shall be granted a permit to use or be authorized to tap - into the facility during the period of fifteen (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. 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" whatsoever. It is further agreed, and covenanted that upon expiration of the terms of this agreement; to wit:f'ifteen (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 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. 8. 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 Page 4 - ) , PRM27-0046: ReNroN Housi�c AuTHORinr G�etiNwoon TowNHonnes LATECOMER AGREEMENT 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. 9. This agreement shall be placed for record with the King County Auditor's Office within thirty(30) days of final execution of the agreement. . 10. 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. 11. When the "CITY" has received the funds for a latecomer's fee, it will forward that fee, less an administration and collection fee�as described in Section 12 below,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. Page 5 ) � PRM27-0046: RENTON HOUSING AUTHORITY GLENNWOOD TOWNHOMES LATECOMER AGREEMENT 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. 12. The "CITY" shall collect an administration and collection fee at the time funds are collected under this agreement. The amount of the fee retained by the "CITY" when funds are collected will be a percentage based upon the following: • If the portion of total cost that may be reimbursed is$20,000 or less,the CITY will retain a fee equal to fifteen (15%) percent of each amount collected under this agreement. � • If the portion of total cost that may be reimbursed is more than$20,000 but not more than$100,000,the CITY will retain a fee equal to ten (10%) percent of each amount collected under this agreement. • If the portion of total cost that may be reimbursed is more than $100,000,the CITY will retain a fee equal to five'(5%) percent of each amount collected under this agreement. 13. When authorized by the City Council, a latecomer's agreement can be granted for a period of up to but not to exceed fifteen (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. 14. 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 area should connection to the improvements be made. The assessment roll Page�6 . � PRM2�-0046: RENTON HOUSING AUTHORITY GLEIVNWOOD TOWfVHOMES LATECOMER AGREEIVIEIVT 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. Page 7 PRM27-0046: Ren�TON HousiN�AuTHORmr G�e�Nwoo�TowNHomes LATECOMER AGREEMENT CITY OF RENYON ,,��"""��, ,,;, * t D s f '�,, , �� .., ',c :`,� � ��; . By. Denis Law, Ma or `"�' � � '� a = y ��.: I � 1 ��: . ;o; � .o�.;� By: �(�'��6►. i.t/LZ.�;l�.� '�,</�••....�•pQ,Q�; Bonnie I. Walton, City Clerk � * �PiC �, �''��. Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF C�I�1G . 06�Of//<s�soer, On this ��'�day of�cti.,�-.� ,20��- ,I certify that I know or have 4�{�d #� �, �,s��„�� satisfactory evidence that Denis Law is the person who appeared before me,and 1 �`44�'��',��:��o who signed this instrument,on oath stated that he was authorized to execute the \�` -�.,��y,`� '�"��;"� ` instrument and acknowledged as the Mayor of the City of Renton to be to be the free e �`'��Q�C�'�4Y N°o y and voluntary act of such party forthe uses and purposes mentioned in the e °v �..� � strument. o �v F►�y'g�-\G �p e � o ; ; b ��.''��.••.��'��(.'9;00�� _ �,�� p\��e ' .��`��bee� Notary ubaic in an�for th��ta e of�Uashington Notary(Print) � My appointment ex�ires: �6 � c ' �ated: I —I U��' Page 8 f . � _ PRM27-0046:RetiroN HousiN�AurHORmr G�eNNwoo�TowNHonnes LATECOMER AGREEMENT DEVELOPER By: gy; INDI D AL FORM OF ACKNOWLEDGMENT Notary Seal must be within box 5TA7E,OF WASFIINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/theirfree 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 OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OFhI�ING ) e �\�A�u��a�qa Onthis � dayof ��a� 20 �`I ,beforemepersonallyappeared �. �j g ��rk �ro �r to me known to A�ij`�:•�g��F�.A.��Oa be �� _ _ ° � ev ofthecorporationthat o `�C • � 9'•,-y�� executed the wrthin ins rument,an acicnowledge the said instrument to be the free a�%� Q�AR`/ �Q e p �h _�, �; s and voluntary act and deed of said corporation,for the uses and purposes therein i mentioned,and each on oath stated that he/she was authoriied to execute said o0B �'�' � o instrument and that the seal affixed is the corporate seal of said corporation. �j,�., '\� ,�r ad@��,9'••<vul,l`�-��'mo � ��/� �� Notary Publi a�nd for the State of Washington Notary(Print) �r�,as�as�;-(0. S�u�;�� My appointment expires: v�l��/zvi 6 Dated: �. o� �oiy Page 9 HOUSING AUTHORITY CITY OF RENTON P. 0. BOX 2316 RENTON, W� 98056-0316 , � � EXHIBIT A Renton Housing Authority—Glennwood Townhomes Project Latecomer Agreement (PRM-27-0046/L�4-11-01) Developer's Property Le�al Description: Parcel A: Lot 9, Block 42, Corrected Plat of Renton Highlands No.2, according to the plat thereof, recorded in volume 57 of Plats, pages 92 through 98, inclusive, in King County, VVashington. Situate in the Northwest Quarter of the IVorthwest Quarter of Section 9, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. And Parcel B: Lot 10, Block 42, Corrected Plat of Renton Highlands No.2, according to the plat thereof, recorded in volume 57 of Plats, pages 92 through 98, inclusive, in King County, - Washington. Situate in the Northwest Quarter of the Northwest Quarter of Section 9, Township 23 IVorth, Range 5 East, W.M. in the City of Renton, King County, Washington. H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and Forward\0046\Glennwood Townhomes Latecomer\Final\Exhibit A.doc\AG > > EXHIBIT B Renton Housing Authority—Glennwood Townhomes Project Latecomer Agreement (PRM-27-0046/LA-11-01) Benefitting Properties within l.atecomer's Boundary Parcel No. Legal Description King County Parcel ID 1 Lot 13, Block 41, Corrected Plat of Renton Highlands 7227801325 No. 2,Vol 57 pg 92 to 98 2 Lot 14, Block 41, Corrected Plat of Renton Highlands 7227801330 No. 2,Vol 57 pg 92 to 98 3 Lot 1, Block 41, Corrected Plat of Renton Highlands No. 7227801265 2,Vol 57 pg 92 to 98 4 Lot 8, Block 42, Corrected Plat of Renton Highlands No. 722�801370 2,Vol 57 pg 92 to 98 5 Lot 7, Block 42, Corrected Plat of Renton Highlands No. 722�801365 2,Vol 57 pg 92 to 98 6 Lot 6, Block 42, Corrected Plat of Renton Highlands No. 7227801360 2,Vol 57 pg 92 fo 98 � Lots 4&5, Block 42, Corrected Plat of Renton 7227801355 Highlands No. 2,Vol 57 pg 92 to 98 ' g ' Sunset North Condominium,Vol 147 pg 64-65 8143450010 to Condominiums Plats 8143450040 9 Lot 21, Block 46, Corrected Plat of Renton Highlands, 7227801670 No. 2,Vol 57 pg 92 to 98 10 - Lot 22, Block 46, Corrected Plat of Renton Highlands 7227801675 No. 2,Vol 57 pg 92 to 98 H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and Forward\0046\Glennwood Townhomes Latecomer\Final\Exhibit 8.doc\AG . . � . EXHIBIT C LATECOMER AGREEMENT VICINITY MAP GLENNWOOD TOINNHOMES NE 12th St . Z..�..,. z ' � > �c - � 0 � � _ ��.;:>"§3;%` / ��$i((LfG COf+�'t r!lf.F- z �:��;�_ . Q r r. �4.�°°��; � , 3 Vi.n C � f� Legend � � Proposed 12"�Vatermain � Benefited Properties o 3o s0 i2o Feet � Developers Property �parks , �:i,2o�