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HomeMy WebLinkAboutLA 9102251775 • - IED FOR RECORD AT REQUEST OF RE `,V E r �,R CITY OF RENTON OFFICE OF THE CITY CLERK 'ra.cf' RENTON MUNICIPAL BLDG. ��qR 2 1 X994 200 MILL AVE. SO. 'PITON, VSA 98055 �, W-986 B �7 19 I Project Number- ' �, Y CLERK'S OFFICE LATECONTERa.AGREEMENT- THIS AGREEMENT made and" eriteted into this o3 ,eday of i-46464,- , 1947/ , by and between the CITY OF RENTON, hereinafter referred to as "CITY, " and JAMES H. BUDD ancli..41:1•Ey4A M. BUDEV775 D c`FC0 F 15.010 hereinafter referred to as "DEVELOPER" ; RFrFFF 2. 00 CASH5f. :+:N•: :j 'r'. if WITNESSETH: 5= 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 hereinbelow described property and to connect same to the "CITY'S" LC) N-- utility or road system(s) so that such improvements will constitute Nan integral part thereof; and N WHEREAS, no other property owners or users are presently Cr) 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; SEE EXHIBIT "A" LATECOMERS AGREEMENT - 1 40//9oo/i and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Installation of approximately 641 l.f. of 8" D.I. watermain, 1 fire hydrant, 1 8" gate valve, and all appurtenances pertaining to said watermain; 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 tr: tiany liability in connection therewith. Lrj 2 . The "DEVELOPER" further certifies that the total cost of N7 said construction as hereinabove specified is $29,016.78. See Q) 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 • The method of determining latecomer payments shall be one of the following: X a. front foot method 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) The pro rata cost per front lineal foot is $23.4826. 1.17 3 . It is hereby found and determined that the construction Ln and installation of said aforedescribed improvement is in the CV CV public interest. C7") 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. The "DEVELOPER" further agrees and covenants to pay unto the "CITY" such service charges or other charges as may be imposed by the LATECOMERS AGREEMENT - 3 • "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 of ten (10) years from date hereof, without first paying unto the "CITY, " in addition to any and all other costs, fees, and charges LC) ti made or assessed for each tap, or for the main facilities ti Lr) constructed in connection therewith, or for street, signalization, Oand lighting improvements, the amount required by the provisions of CT) 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 "CITY" whatever. It is further agreed and covenanted that upon expiration of the terms of this Agreement, to wit: ten (10) years LATECOMERS AGREEMENT - 4 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. 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 Lf7 utilities/transportation systems of the "CITY, " and upon such lam.. connection and acceptance by the "CITY" through its legislative Lr) Nbody, said extension and/or improvement shall be and become a part 0 of the municipal utilities or transportation systems. Cn 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 "DEVELOPER" in order to deliver a latecomer's fee, the "CITY" shall undertake an independent investigation to determine the location of LATECOMERS AGREEMENT - 5 • 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 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) Lf') ti days of receipt of the funds. Funds received by negotiable Ln instrument, such as a check, will be deemed received ten (10) days N 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 made by the "DEVELOPER" prior to the expiration of the agreement. The latecomer's agreement will expire at the end of the ten year LATECOMERS AGREEMENT - 6 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 "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 Lr) ti- fee, but shall not incur any liability should it inadvertently fail t�- Lr) to collect the latecomer's fee. N N LATECOMERS AGREEMENT - 7 • DATED THIS 2'1 day of -4-_.(3 .),A1 , 191\ . CITY •'RENTON DEVELOP R By: __ ,_ _ .A _ By: Q�A4� w � , By: ?2, / y 0 .fi . By: / , �,- gc-Ce-rit, 1 �iClerk CITY OF RENTON DEVELOPER STATE OF WASHINGTON) STATE OF WASHINGTON) SS. ) SS. COUNTY OF KING ) COUNTY OF KING ) On this aA -- dayof On this day personall , 19 4 ► , appgQareore me before me rsonally appeared c3Jvta Tlei d before /Vl. P - E.00,Q_ and - LQ, e�- to me known ti to be the � ccwwa'L) and (Grantor/s) to me known to be of the municipal the individual (s) described in Ncorporation that executed the and who executed the within and ('VCS within and foregoing foregoing instrument, and instrument, and acknowledged acknowledged that eq C) said instrument to be the free signed the same as or-1 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 off' al seal this mentioned, and on oath stated o24" day of _ il.ctir , that he/she was authorized to 19 91 . 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 affixed by official seal the —�/ ,i . i ` I 1.i% day and year first above N•tar'ublic in and for the written. Stat- • W. hing on, residing at . . 4 .k.. .. -.l Signature & Title of Officer My appointment e sires: ikYi /911 Nota Publ 141iN--i=-‘.-State of Wa inggnn,, residing ‘yiTt .46.4Jis o a9 A 4 my- appc j ntment expires: I ii-Qi-'14,'I LATECOMERS AGREEMENT - 8 • 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: James H. Budd and Thelma M. Budd Water Improvement Latecomer Agreement PROJECT NO.: W-986 RECIPIENT: James H. Budd and Thelma M. Budd BRIEF PROJECT DESCRIPTION: Installation of approximately 641 1.f. of eight inch D.I. watermain, 1 fire hydrant, 1 eight inch gate valve, and all appurtenances pertaining to said watermain. TOTAL ASSESSMENT COST: $29,016.78 TOTAL ASSESSMENT FOOTAGE: 1,235.80 1.f. (Front Footage, Square Footage, or Zone Front Footage) TOTAL COST PER FRONT FOOT: $23.4826 efIf there is any question regarding the paid or unpaid status of the following assessments, please call ^,.• the City of Renton, Utility Engineering Department at 235-2631. Assessable Additional Ownership Legal Description Footage Charge O CT) Parcel No. 1 K.C.Tax Acct#334210-3135-01 John F. Harris Lot 22, Hillmans Lake Wn Garden 257 l.f. $6,035.03 3512 Park Ave N of Eden #1 less S. 162.75 ft. Renton,WA 98056 Parcel No. 2 K.C.Tax Acct#334210-3143-01 David A. Hunter Portion Lots 23 and 24,Hillmans 80 1.f. $1,878.61 Kathleen A. Hunter Garden of Eden#1 DAF:E 40 ft of 1425 N 36th St Lot 23 and W 40 ft of Lot 24 Renton,WA 98056 TOTAL COST RECOVERY DUE DEVELOPER $7,913.64 The developer filed for Latecomer Agreement W-986 prior to the passage of Latecomer Ordinance No. 4189. Therefore, the $200.00 deposit and 15 percent processing fee have been waived by City Council. 90-018:AH:jg LATECOMERS AGREEMENT — 10 • • • r EXHIBIT "A" LEGAL DESCRIPTION OF DEVELOPER'S (BUDD) PROPERTY Portion Tract 96, Hillman's Lake Washington Garden of Eden #2, as recorded in Vol. 11 of Plats, page 64, record of King County, Washington DAF: 334270-0465 LOT 1 RENTON SHORT PLAT 71-84 REC NO 8412129002 SD SHORT PLAT DAF - E 1/2 OF TR 96 SD ADD 334270-0466 LOT 2 RENTON SHORT PLAT 71-84 REC NO 8412129002 SD SHORT PLAT DAF - E 1/2 OF TR 96 SD ADD 334270-0467 LOT 3 RENTON SHORT PLAT 71-84 REC NO 8412129002 SD SHORT PLAT DAF - E 1/2 OF TR 96 SD ADD 334270-0470 W 1/2, LESS E 100 FT OF W 200 FT SD ADD, 334270-0471 AND E 100 FT OF W 200 FT SD ADD LC: ti ti- N N Q7 LATECOMERS AGREEMENT - 9 4B E 's 9. g76(PR __ _ 4 ' h EXHIBIT "C" 75" 7 1 I° ( 172.I I 0 4' 3 Z. / . v° A I I. o ' I 1� R 160 1 G9�6go VOL.N S e-4e Zo " !" 1`ofl o4 1101 kd . 4 , opo Its �� X15 cP'� S . cab c49s I II,oAgB I 904q I I°oyoo l /°'0477 fr v B4' ,,i ' eliCJ' �'e. a49 ,e. /o0 1 /,e o \\�\\J IO o v 91 1:/G fig 1 �� Op 93gos �I ' o 'm 9000RA♦ ^'^i p 124 1>oa4� r � 1 f o49\ 171st t �yG ; : j � /0, ,.5 o9Z 7 `fit. p4� 193dz 1 e e /� _ N86-43.5SW 306.0/ N88-45-34W 3/a ti' -ZS-34W �395Co WO o ' a _ N Na/-37-408 CEO _, .00 L.—� s �D.ESMT. _ _—•— a ` /zo REN SP 359-79- �' (y! S09-2S-3944 Iso.ee n 4, /176qQ $ //7 `�qp 18. y N ' 7911059003 F 9• 9 , N 39-83 84 4029016 LOT I � 6 �ly:.:rt REN SP1�J23-77-caee�l � °a p ♦ I i 2 •T 2 92 3° 5 1 LOT 1 64°'" S� o m °4,8303 %1 o LOT 2 .'4� 'o m" Lot A 78 083 1106 6 Lot B m ^1 g4 kl I o 3esoalsg2I ,I'ag46 2 1 0 i2 a ' pA82 I (o I SS 34w 245.00 rso.oo Z 75 1 S /LO /108 43.37W 186.4/ ) 1/7 Nse- 43.37' Ill = eo ISi :+:�;_7 99 << 90 /Iv es /65.01 I.. 350 —. . • ..._ ga iA� `,0030'RD.E5M7�\• NIS , I atool 5 {,9 .Q—.—1 3\! LAB 1 M - , ' Pd V IO \Y V�-co-30 W LOT A Lo t• Aso/ 000 OT Io V'N ©��p(J ; .l� St '� M96 S� / N 0p���O3Z/0 N89'4;'3844 NryyN N 96 p = North !az 3 1/�1 • Molt �° h �Jpop glN41 42131-1LOr1. ytd M,z S. }?b6O U.45 4 4 ([} �w� 2ik11h12� 145.01 $ i9 HI Oae� `V .L 4 l��'}.T G — IOO ,70.$ Nom- 3-+ I4. 1L•O , I /SO 1_ !^ /11 LG //SO) / 0 » v REN SP 193-78 A.F. 7811039013 2860 Ta.ea 30. y b l _ s 118 • • ° 4.000 �Io •-,-,;,',„—?i,, __ I °op IZ 0,0 . 00°6' 1♦ o /0, a - it a )B'0475 0 P) es'.r.e.... 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Developer's Property / bs G. 109 28 27 Z6 ; ^, REN78022707,92 'c 7645 Pd. 2 0 ma Properties Subject to Latecomer Fee 2640 S4°o0 S,00G Z N 6 "9 40 412°Q 1 ZIo35 yso • „3",y /4./ 1` ., LATECOMER MAP 3ar"/�vE 7. „,,E - Ls LS C n BUDD LATECOMER AGREEMENT W-986 r /07' N. 36TH STREET WATERLINE IMPROVEMENTS • 2' '' ' -- `” BETWEEN MEADOW AVE. N. AND PARK AVE. N. 2379 LATECOMERS AGREEMENT - 11