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HomeMy WebLinkAboutLA 9007020976 FILED FOR RECORD AT REQUEST OF ' ;:C£1V X3;5 OFFICE OF THE CITY CLERK RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. RENTON, WA 98055 l)� �, H } : 1 fj 2-1-406 and 17-2-13 JProject Number BY i F:;: ;!`.' ,iO'+ .::iTM LATECOMERS ,,, ;,., y i' �_ AGREEMENT 0YTHIS ' AGREEMENT made and entered into thiso! 'Z i day of UAL, , 19 4't9 , by and between the CITY OF RENTON, (' hereinater referred to as "CITY, " and Clement H. Heath, Heath Properties hereinafter referred to as "DEVELOPER" ; 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 rr hereinbelow described property and to connect same to the "CITY'S" r, utility or road system(s) so that such improvements will constitute Cr'' CD CQ an integral part thereof; and CD 0 WHEREAS, no other property owners or users are presently a.. 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,0to _wit`; #0971; B P=CSP_ _ rin L. Lots 2 and 3, Block 2 Hillman's Lake Wash. Garden of Eda /7 L-..:_ 1,< � as Recorded in Vol 16 of Plats, Page 18 CASFE ***16.00 0O Records of-King County, Washington #79— C)C LATECOMERS AGREEMENT - 1 1/01/106e)//ir.538 30. W9. i4 • and the "DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements, to-wit: Storm Sewer Lines and Street Improvements per approved plans 2-1-406 and 17-2-13 for City of Renton, which includes 350 I .f. of 6" and 114 l .f. of 12" Storm Sewer together with all appurtenances and also street improvement over E ? of W 2 of Jones Avenue N.E. from N.E. 44th Street to South line developers property. 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 K-- will be paid in full, all at the "DEVELOPER' S" expense, and the I Cr' N "DEVELOPER" covenants and agrees to hold the "CITY" harmless from CD any liability in connection therewith. CD 0'` 2 . The "DEVELOPER" further certifies that the total cost of said construction as hereinabove specified is $81 .840.44 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. 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 LATECOMERS AGREEMENT - 2 • subject to the laws and ordinances 7 fiof 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 c. square footage method d. contract method e. trip generation (traffic) method (if applicable) X f. other equitable method (divided equally) g. any combination of methods a through f. .11 (check the applicable method of assessment) U The pro rata cost per property is O 0 $ •f�_I ,111LIS 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 unto the "CITY" all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from anyclaim 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 LATECOMERS AGREEMENT - 3 . 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 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 oN to use or be authorized to tap into the facility during the period C) Qof s0 (ten) years from date hereof, without first paying unto the N- CD "CITY, " in addition to any and all other costs, fees, and charges ON 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 LATECOMERS AGREEMENT - 4 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: 10 (ten) 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 . 7 . It is further agreed and understood that the ;.. aforedescribed improvements to be undertaken and paid for by 0 "DEVELOPER" have been or are about to be connected with the 0 utilities/transportation systems of the "CITY, " and upon such CD Q'` 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 LATECOMERS AGREEMENT - 5 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, the latecomer' s fee shall be placed in the Special Deposit Fund held by the "CITY" for two 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 . ONO O 10. When the "CITY" has received the funds for a latecomer's O fee, it will forward that fee to the "DEVELOPER" within thirty CD ON (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 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 LATECOMERS AGREEMENT - 6 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 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 4 N "DEVELOPER" has responsibility to monitor those parties connecting CD to the improvement. Should the "CITY" become aware of such a C3 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 day of , 19 'e; . d CITY `1. RENTON DEVE PE 7,0%" _ By: ii►.&►, _1 B Mayor By: I/ / .1 mac, By: Ci d jperk ' CITY OF RENTON DEVELOPER STATE OF WASHINGTON) STATE OF WASHINGTON) ss . ) ss . COUNTY OF KING ) COUNTY OF KING ) On this G.4, day of On this day personally Sat/4:- 19 90 , appeared before me before me __ personally appeared C: -/-,-tee,-../r '�" - ._, �4/2z ectA,Fe and 47/le/4 s d T. 7Fr44-Are / , t o me known to be the - 4416g, (Grantor/s) to me known to be and Cov c�E24 of the the individuals(s) described in • municipal corporation that and who executed the within and Q executed the within and foregoing instrument, and CV foregoing instrument, and acknowledged that h_ acknowledged said instrument to signed the same as Q be the free and voluntary act free and voluntary act and deed CDand deed of said municipal for the uses and purposes corporation for the uses and therein mentioned. Given under purposes therein mentioned, and my hand and official seal this on oath stated that he/she was /,Z day of ,t$ / , authorized to execute said 19 9 . instrument and that the seal affixed is the corporate seali,e �/- � of said municipal corporation. Sig of gicer & Official Seal IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the Notary Public in and for the day and year first above State of Washington, residing written. at / �.ci,c,..,r-IV My appointment expires : /.-/-13 itl —Officer CITY8 . 09 :as . (7711-r-e-7-&—T 4(-t Notary Public in and for the State of Washington, residing in 7(4-4/7- / vii My appointment expires: 03 LATECOMERS AGREEMENT — 8 L EXHIBIT "A" • • • • • • NOTIC � g OF ADDITIONAL WATER OR SEWER FACILITY TAP OR CONNECTION CHARGES • REQUIRED BY RCW 65 .08 .170 (3) (RCW 35 .92 .025) • MUNICIPALITY • CITY OF RENTON , WASHINGTON ADDITIONAL TAP OR CONNECTION CHARGE PER: ' Cit of Renton Latecomer Ord. No. • • • PROJECT NO. : 2-1-406 and 17-2-13 RECIPIENT: Clement H. Heath, Heath Properties BRIEF PROJECT DESCRIPTION : Installation of 350 I.f. of 6" and 114 I.f. of 12" storm sewer t.w all a. .urtenances and also street improvement over E 4 of W 1 of Jones Av. N.E. from N.E. 44th St. to south line developer's property. �J Q` TOTAL ASSESSMENT COST: • $ 40;575.54 2 = 0 for storm sewer = $ 20,287.77 N- tO O TOTAL assessment cost for street imp. .. $ 41,264.90 CT If ny there is aquestion regarding follwrng asnysmunss g g the paid or unpaid status of the ing Department at 235-2631ase call the City of Renton , Utility Engineer- OtdNERSttIP LEGAL DE ADDITIONAL. SCRIPTION CHARGE • - 3224059010-01 FAWCETT 32-24-05 9010 $20,287.77 BEG ON E LN 61 1 S 01-42-13 W storm sewer 4008 MEADOW AVE N RENTON WA 30 FT FR NE COR THOF TH S 98055 01-42-'3 W 963.80 FT TH N 88-48-55 W 644. 44 FT TH S 01-11-02 W 329. 55 FT TO A PT 11 FT N OF S LN SD LOT 1 TH N 88-48-58 W 20 FT TH N 01-11-02 E 151.58 FT TH N 53-55-45 W 416.57 FT TH N 77-10-30 W 408. 2 FT TO ELY MGN OF LAKE WASH BLVD TH N 30-56-13 E ALG SD ELY • • • • • LEGAL DESCRIPTION (continued)ntinued • $41,264.90 MGN 907.39 FT TH ON CURVE TO RIGHT RAD 65. 49 FT DIST 68.84 FT street ims TO PT 30 FT S OF N IN LOT 1 TH S 88-50-10 E 907. 54 FT TO BEG LESS E 30 FT FOR ST LESS S1 HWY LESS POR WIT OF ST HWY P 2-A & NIT OF LN RNG N 62-59-05 W FRM PT 986.85 FT S OF NE COR SD GL Total Latecomer Fee against above property = $61,552.67 • Less 1.5% Prbcessing Fee • Due City of Renton - $ 8,232.91 • (Minus $1,000.00 Credit) Total Latecome Fee Due Developer = $53,319.76 Sheet 9 . t - , Y Y EXHIBIT_ "B" .. 4 .I. /56_,-, NE 4 32-24-5 KING COU N •• . ,e,�.,s N.E. 43rd P1 . • .e.,,rs Be.eN.re%e. - - _a 0 - .—.._..._ i t .V. /519,1 SE. 80TH ST. X M *. eve.OB 36 ` /40 296 9e7. 4J ♦ e, f .f k H o h • p ski �' Qa 250 .- ,. N I 0 oI� �" •o d e _ _ C v M 0- 411 m : Z q CO t i) t P ' . 1 nh, REN 7704130774 v - 00 .43 a • c u w •r - . -$1 1 '' 4 " rt:!e4t4 1 I ...... • y - 2 54 37 C 1 - '4 m /°ty.3f41 0 - M °of9 0 C� a . ' — \ N.BB-/s-ea w _, y, - 217,o G FAWCETT . : 3 h /t= ' s $61,552.67 - . .• N ` 43 ‘Ilk iN5/ 11' oo � sa I.I Ir 1 - �° h 0--- 29c.G7 _ 1i •Y O i - ' , - "'p O .1 . A oe9,0° a t R i'-- - 1 0 ,f Z ?� W . 0 /U r °9 v North i W N Q 194kA : la a LS � , Iii •I- kke,/ v p 3 ti Y 2 r"" \I ' 4 I I L 96. 92 29c • Z ? a W <N _i 1;4t..1/4- •P kt, 0�,0 r 0 /\\ A� z 1.1k.,t S-E 83F o — Goh°s ' ---- : 93 v• v e • M Q , 0'1•9�' ry4g V ! \ 4 y p d c 1 v4 • h /iS C \ i4e.c� 29� a is�e.ss �1 J iss \ ! .. t i N 4 i A 0 y / 4 ` .. r g o°' I d' � O r 0 b " u ti • \� • ^n1O� . ,o V 0 h 9 - — U\� ea9 Al 7 ti • Mycr • °e jr \ If 6 1PP. ^ ^ p 6 J aoot . \• �n t 7 j ° _t'�� °,/ s79 s s .440,./.4.. © C..�R �J r % _fib ... I - - J Nor goo,,.., ✓ t0 o • V 297. GG 296 Ii_i i Li - �_ . 0 3 I I Area of Improvements & • n>rn>ilinnrr Property Subject to Latecomer fee Sheet 10