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HomeMy WebLinkAboutLA 9105231159 fI1ED`FOR RCORD AT REQUEST U r nn j : 541 LA-002-90 . F. OFFICE'OF THE CITY CLERK RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. RENTON, WA 98055 W-953 and S-474 MAY 23 2 4-2 ;' '91 Project Number L34" 1 HE D.LATECOMERS AGREEMENT THIS AGREEMENT4‘•`titttacle s`and entered into this /7%,4, day of 440 , , 19 9/ , by and between the CITY OF RENTON, hereinafter referred to as "CITY, " and WINDSOR PLACE ASSOCIATES 31820 24th. Ave. S.W. , hereinafter referred to as "DEVELOPER"; Federal Way, Wa. WITNESSETH: WHEREAS, the "DEVELOPER" is desirous of installing certain water systems, sanitary sewer systems, storm water drainage systems, and/or street improvements including signalization and lighting, and appurtenances thereto at, near, or within the g g, PP hereinbelow described property and to connect same to the "CITY'S" cn utility or road system(s) so that such improvements will constitute '4 an integral part thereof; and T4 03 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 'll is the owner of the following described property, to wit; 91/05/2~: 41159 C� See Exhibit "A" '.ECD F 17.00 t. )3 -vr 4O11000/ )8.534. moI o. . R- '.ECD- 2CASHSL *4:4:19.00 . 00 I/.z Serax' 4c[J OOo 1 /6.53 S. ..;)-0. 4q. l- LATECOMERS AGREEMENT - 1 //LCA- --- -_ and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of 1300 feet ± of 12" D.I. watermain, 8" and 10" sanitary sewer main in Bremerton Avenue NE, north of NE 4th Street 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 C, 0 any liability in connection therewith. r4 2 . The "DEVELOPER" further certifies that the total cost of 04 said construction as hereinabove specified is Water Improvements at '4 $74,343 . 00 and Sanitary Sewer Improvements at $78,470. 00. See a, Exhibit "B" attached hereto for the legal description of 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 laterals or branches connecting thereto, all subject to the laws and ordinances of the "CITY" and the provisions of this Agreement. LATECOMERS AGREEMENT - 2 1 The method of determining latecomer payments shall be one of the following: a. front foot method X b. zone front foot method c. square footage method d. contract method e. trip generation (traffic) method (if applicable) f. other equitable method g. any combination of methods a through f. (check the applicable method of assessment) 47) The pro rata cost per Zone Front Foot (ZFF) is Water - Equivalent !� 8" Pipe at $15. 00; Water - 12" D.I. Pipe at $21.89985; and Sanitary 11.4 C7 Sewer - 8" and 10" Pipe at $23 . 11558. 04 O3 . It is hereby found and determined that the construction CICI 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 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. LATECOMERS AGREEMENT - 3 The "DEVELOPER" further agrees and covenants to pay unto the "CITY" such service charges or other charges as maybe imposed bythe g g P "CITY" for use of the improvements for which this agreement is granted. 5. 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. " 6. No person, firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period 0 of ten (10) years from date hereof, without first paying unto the r'1 1-1 "CITY, " in addition to any and all other costs, fees, and charges 01 04 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% 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 LATECOMERS AGREEMENT - 4 "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" shall be under no further obligation to collect or make any further sums unto the "DEVELOPER. " The decision of the Director of Public Works or his 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. 01, 7. It is further agreed and understood that the w4 aforedescribed improvements to be undertaken and paid for by C7 04 "DEVELOPER" have been or are about to be connected with the CDutilities/transportation systems of the "CITY, " and upon such 01 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. 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 LATECOMERS AGREEMENT - 5 "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, 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 C, 0 owner of those funds. ''1 r1 10. When the "CITY" has received the funds for a latecomer's Ct 04 fee, it will forward that fee to the "DEVELOPER" within thirty (30) T4days of receipt of the funds. Funds received by negotiable On 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 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 LATECOMERS AGREEMENT - 6 made by the "DEVELOPER" prior to the expiration of the agreement. The 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 of time, but in no event shall the latecomers agreement be of more 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 47) "DEVELOPER" has responsibility to monitor those parties connecting w4 CI to the improvement. Should the "CITY" become aware of such a 04 Cconnection, 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 13 day of May , 19 91 CITY RENTON DEVELOPER li By: rc,, c-, ,„,,,„ ,„ 41 4, iiii„,liolimir,. ,. Mayor Ai By: 2 )i2' ' ZZZji&1t,9 By: rlig;Clerk CITY OF RENTON DEVELOPER STATE OF WASHINGTON) STATE OF WASHINGTON) SS. MASON ) SS. COUNTY OF KING ) COUNTY OF- G ) On this o2O ' day of On this day personally 19 1 ( appeared before me Q7 before me penally appeared Hong S. Tan j V, ri yy�P r and 404 Niki lv - nr‘ , to me known to ,be the and (Grantor/s) to me known to be VI VI C;rr ,r�! individual (s)of th nunicipal the described in co ration that executed the and who executed the within and CD within and foregoing foregoing instrument, and T4 instrument, and acknowledged acknowledged that he cn said instrument to be the free signed the same as his 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 hand and official seal this mentioned, and on oath stated 13 day of May , that he/she was authorized to 1991 execute said instrument and that the seal affixed is the corporate seal of said municipal corporation. Signature of Officer & Official Seal IT WITNESS WHEREOF, I have hereunto set my hand and (CL----d-"'"I'-'"-affixed by official seal the u day and year irst above Notary Public in and for the wr'g' tenl State of Washington, residing at Belfair alt k i igna• u - & itle of Officer My appointment�4-exp:i�res: 11/6/92 91-035c:AMH:ps `fg4 •:"'''. -:-t .'4,`� ,t ti` % s do Notary Public in and for the f" " Stat of J ashin ton, residing , ' ' '�'' ' ` int*YL•/'{ ( IAM `, ,.. ..,.: • :.: ` My appointment expires: /lO�`1r7/l G' • ' •..,�;3 st i.:,', .-- ' t.':10.0 - LATECOMERS LATECOMERS AGREEMENT - 8 • • • DEVELOPER'S PROPERTY WINDSOR PLACE APARTMENTS EXHIBIT "A" LEGAL • . DESCRIPTION: THE WINDSOR PLACE APARTMENTS TRACT 1: The North 200.12. feet of the East 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23 North, Range 5 East W.M. ; • EXCEPT the blest 130.08 feet. thereof; • Situate in the City of Renton, Ccunty of Ring, State of Washington TRACT •2: The Northeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of the Southwest. 1/4 of Section 10, Township 23 North, Range 5 111 East W.M. ;4.4 . - wo EXCEPT the North 200.12. feet; • AND EXCEPT the West 130.00 feet;• CSituate in the City of Renton, County of King, State of Washington. TRACT 3 : The South 3/4 of the East 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23. North, Range 5 East W.M. ; EXCEPT the South 42 feet conveyed to King County under King County Recording Nos.5738287 and 5738289; • • Situate in the City of. Renton, County of King, State of Washington. TRACT.-•4 - . • • NORTH HALF OF WEST HALF OF EAST HALF OF THE SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP' 23 NORTH, RANGE 'S EAST. WILLAMETTE MERIDIAN, IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 268. 60 FEET THEREOF: • • TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS 15 FEET IN WIDTH OVER THE • WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN. . IN KING COUNTY, WASHINGTON. THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: • COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 88 DEGREES 02'43" .EAST 821. 38 FEET; THENCE NORTH. 0 DEGREES 17'32" WEST 30 FEET TO POINT OF BEGINNING; • THENCE NORTH 0 DEGREES . 17 '32" WEST 626. 76 FEET TO THE NORTH LINE OF SAID SUBDIVISION. -9- • EXHIBIT "B" 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: Windsor Place Associates Water and Sanitary Sewer Latecomer Agreement PROJECT NO.: W-953 and S-474 RECIPIENT: Windsor Place Associates, a Limited Partnership BRIEF PROJECT DESCRIPTION: TOTAL ASSESSMENT COST: Water Improvements $74,343.00 Sanitary Sewer Improvements $78,470.00 TOTAL ASSESSMENT FOOTAGE: 3,394.68 zone front feet (ZFF) (Front Footage, Square Footage, or 0h Zone Front Footage) TOTAL COST PER ZONE FRONT FOOT: Water Equivalent 8" Pipe $15.00 gri Water - 12" D.I. Pipe $21.89985 Sanitary Sewer - 8" and 10" Pipe $23.11558 NOTE: Water line assessment charges are due upon connection of commercial property to the 12" 11 J developer installed water main. If single family residential connections are requested, they will be charged a latecomer fee based on an equivalent 8" watermain or $15.00 per zone front foot. If there is any question regarding the paid or unpaid status of the following assessments, please call the City of Renton, Property Management at 235-2631. Assessable Assessment or Zone Front Additional Ownership Legal Description Ftg(ZFF) Charge Parcel No. 1 K.C.Tax Acct#102305-9044-05 605.76 ZFF $13,266.05 (12" water line) G M Associates 10-23-05 9044 N 1/2 OF NW 1/4 OF $14,002.50 (sewer) c/o Merlino, Gary SE 1/4 LESS E 42 FT FOR CO RD 9125 10th Ave S $9,086.40 (8" water line) Seattle,WA 98108 Parcel No.2 K.C.Tax Acct#102305-9063-01 605.32 ZFF $13,256.42 (12" water line) G M Associates 10-23-05 9063 S 1/2 OF NW 1/4 OF $13,992.32 (sewer) c/o Merlino, Gary SE 11/4 LESS E 42 FT FOR CO RD 9125 10th Ave S $9,079.80 (8" water line) Seattle, WA 98108 Parcel No.3 K.C.Tax Acct#102305-9066-08 236.09 ZFF $5,170.34(12" water line) G M Associates 10-23-05 9066 N 333 FT OF W 75 FT $5,457.36 (sewer) 1560 140th Ave NE,#100 OF W 1/2 OF SW 1/4 S 15 FT FOR RD Bellevue, WA 98005 $3,541.35 (8" water line) Parcel No.4 K.C.Tax Acct #102305-9054-02 45.56 ZFF $997.76 (12"water line) Palzer, Cathy 10-23-05 9054 W 1/2 OF SW 1/4 OF $1,053.15 sewer 36256 SE Fish Hatchery Rd SE 1/4 OF SW 1/4 LESS S 290.4 FT Fall City, WA 98024 LESS N 333 FT M/L $683.40(8" water line) CONTINUED ON NEXT PAGE —11— • Assessable Assessment or Zone Front Additional Ownership Legal Description Ftg(ZFF) Charge Parcel No.5 K.C.Tax Acct#102305-9068-06 224.39 ZFF $4,914.11 (12"water line) Ury, George R. 10-23-05 9068 S 290.4 FT OF W 1/2 OF $5,186.90(sewer) 7663 S 134th SW 1/4 LESS E 230 FT LESS CO RD W Seattle,WA 98178 15 FT FOR RD $3,368.85 (8" water line) SUBTOTAL ASSESSMENT COST OF RECOVERY $37,604.68 (12" water line) $39,692.23 (sewer) *Developer's Property See Exhibit"A" 1,677.56 ZFF *(36,738.32) (12" water line) Windsor Place Apts. *(38,777.77) (sewer) TOTAL ASSESSABLE FOOTAGE&TOTAL COST 3,394.68 ZFF $74,343.00(12"water line) INCLUDING DEVELOPMENT PORTION $78,470.00(sewer) LESS 15%PROCESSING FEE DUE CITY OF RENTON ($5,640.70) (12" water line) ($5,953.83) (sewer) wei f"4 $1,000 CREDIT FOR DEPOSIT (RECEIPT#0022 3/21/90) $1,000.00 TOTAL LATECOMER FEE DUE DEVELOPER $32,463.9812" water line) $34,238.40(sewer) *Developer's property not assessable under the terms of this agreement. 91-035:AMH:ps —12- • EXHIBIT "C" LATECOMER MAP WINDSOR PLACE APARTMENTS LCAG W-953 and S-474 WINDSOR PLACE ASSOCIATES BREMERTON AVE. N.E., NORTH OF N.E. 4th ST. ////////DEVELOPER'S PROPERTY --' LATECOMER BOUNDARY © ,- 9.8344. sus r% m 1 _ ,6 it fYR RD. i / • .124,.B2 41 42y /3o // �� • y ;• _ 0��� MI-11111/7,0 to f; J- Fac. Ra, cozct 12 .29 • '� I i ; -PSI y r 5 • N '60, 13 o•�C ���I 0 i, a ; .•Nw 1 N , y A`' ' -. ;r .I 61(%1 0-4 z1 i � e : 8.8' 11 , • I ".a �t I h � 3 • • Ae•• .///// v y°a . . _ q�8 to v °- at °s : W 1 1- /SO �( V) ¢¢ /J4,.4, (2t 4,f — _ - j i , I 6o G.6.9 -+ Y %'.. ' 0 ,NE -TT// ST -s. c: z s 0 0 N.1 0 I ,..13ihr... t` (4 '' M N �. W i N0 h: z ^' - *1 ''.!« ti DEVELOPER'S PROPERTY a ( - `' " a". WINDSOR PLACE APARTMENTS W CD I < . 5 Z/Zf�Zj _ �3z.9.oz E: $+� 63 3 NORTH / C. �o�of - Z 7S 1 t I QS /v.:o2 ".."..-7 ••",-,,.0, 2 4 A2 SO 50 _zooCfP ti ct B ili • . 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