HomeMy WebLinkAboutA 20130910001606 Return Address:
City Clerk's Office 1111111 1111 11111
City of Renton
1055 South Grady Way 20130910001606
Renton,WA 98055 CITY OF RENTON AG—RER 83.00
PAGE-001 OF 012
09/10/2013 15:59
KING COUNTY, WA
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Title: LATECOMER'S AGREEMENT Property Tax Parcel Numbers: See Exhibit"D"
Project File#: PRM-27-0028
Grantor(s): Grantee(s):
1. City of Renton,'a Municipal Corporation 1. Friedman Development, LLC
Complete legal description is in Exhibit"B"of this document.
LEGAL DESCRIPTION:
Portions of the Northwest Quarter of Section 17 and the Northeast Quarter of Section 18,
Township 23 North, Range 5 East,W.M. in the City of Renton, King County,Washington
THIS AGREEMENT made and entered into this ' I}qday of vN (LI , 2013 , by and
between the CITY OF RENTON, hereinafter referred to as"CITY,"and Friedman Development,
LLC, hereinafter referred to as "DEVELOPER) bud f f4 c4 we on Ai4eGin a 1i Qo IL
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WHEREAS,the "DEVELOPER" is desirous of installing certain water systems and appurtenances
thereto at, near, or within the hereinbelow 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" (R.C.W. 35.91.020, et
seq.)and street latecomer's legislation (R.C.W. 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 CONVENANTED BY AND BETWEEN THE AFORESAID
PARTIES AS FOLLOWS:
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L
PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER'S AGREEMENT
1. The "DEVELOPER" hereby acknowledges and covenants that he is the owner of the
following described property,to wit:
See Exhibit"A"
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and the "DEVELOPER" hereby agrees and covenants to cause to have installed the
following described improvements,to wit:
1. 1050 linear feet of 12 inch DI Watermain
2. 2 12 inch gatevalves
3. 1 8 inch gatevalve
4. 1 6 inch gatevalve
5. 3 fire hydrant assemblies
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
theITY
C harmless from any liability in connection therewith.
2. The"DEVELOPER"further certifies that the total cost of said construction as hereinabove
specified is$282,112.00. See Exhibit"B"attached hereto for the legal description of the
boundary line encompassing 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
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PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER'S AGREEMENT
lateral 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 by:
Square foot method for development with equal to or greater than 1,500—gpm
fire flow
The pro rata cost is$0.8634.
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 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 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".
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PRM27-0028: FRIEDMAN DEVELOPMENT,LLC LATECOMER'S AGREEMENT
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 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. 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 5%
administration 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: 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.
7. 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
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.
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PRM27-0028:FRIEDMAN DEVELOPMENT, LLC LATECOMER'S AGREEMENT
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 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.
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 twelve (12%) percent per annum.
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.
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PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER'S AGREEMENT
11. When authorized by the City Council, a latecomer's agreement can be granted for a
period of up to but not to exceed 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.
12. 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 should connection to the improvements be made. The assessment roll 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. •
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PRM27-0028:FRIEDMAN DEVELOPMENT,LLC LATECOMER'S AGREEMENT
CITY OF RENT
'I�
By: !G ,. , •
Mayor Denis Law
By: /601444,Ci Gd i.
Bonnie I.Walton,City Clerk
Notary Seal must be within box STATE OF WASHINGTON )ss
f � COUNTY OF,KlyfG )
,1,0`A R.�
.... r,.� On this LD day of 2013,I certify that I know or have
0�3 satisfactory evidence that Den s Law is the person who appeared before me,and
�1 -�. ��5 -1,0'•.'9 `who signed this instrument,on oath stated that he was authorized to execute the
° het o'1ARy' instrument and acknowledged as the Mayor of the City of Renton to be to be the free
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•v v•� N voluntary act of such party for the uses and purposes mentioned in the
PUB\ :2 r ent.
,1
% rill Notary Public nd for the State or Washington
Notary(Print) \
My appointment expires: o c1 •
Dated: —110—I
Page 7
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PRM27-0028: FRIEDMAN DEVELOPMENT, LLC LATECOMER'S AGREEMENT •
DEVELOP
By: i � By: •r vY/IV Ill, FR/(D,i,9rV
f IVIDUAL 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 and
acknowledged it to be his/her/their free 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 OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING _ )
`,,`^���1ss1gA IfUei/t,��,, , On this�/ae day of J v�1/ ,20 before me personally appeared
cis,
P 4.?, 'ii Si-G eer �i1'I` eaefvt 2n to me known to
•••••••••.lr .� be "Ha.lc of the corporation that
,. . executed the withi nstrument,and acknowledge the said instrument to be the free
a — and voluntary act and deed of said corporation,for the uses and purposes therein
`„` .,� cn; mentioned,and each on oath stated that he/she was authorized to execute said
� corporate' p instrument and t :F'the s-al affixed is the seal of said corporation.
{11t P
OF WAs�y'
4";RXpite`11\ Notar, P.•lic a d for the Sta Washington
of Washinon
No -r Print) r� //1401?-)/
My appointment expires: ‹f-77-c7/3'
Dated: 772,3 43
Page 8
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EXHIBIT A
MERRILL GARDENS LATECOMER(PRM27-0028)
DEVELOPER PROPERTY
LEGAL DESCRIPTION: -
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THAT portion of the Henry Tobin Donation Claim No.37,in Section 18,Township 23 North,
Range 5 East,W.M.,in the City of Renton, King County, Washington,described as follows:
Beginning at the northwest corner of Block 24,Town of Renton,according to the plat
thereof,as recorded in Volume 1 of Plats,page 135,records of King County,
Washington,said corner being on the easterly right-of-way margin of Burnett Avenue
S.;
Thence northerly along the easterly right-of-way margin of Burnett Avenue S.,a
distance of 351,52 feet,to an intersection with the southerly right-of-way margin of S.
Tobin Street;
Thence easterly along said southerly right-of-way margin,a distance of 115 feet; •
Thence southerly on a line 115 feet easterly of and parallel with the easterly right-of-
way
ight-ofway margin of Burnett Avenue S.,a distance of 351.52 feet,to the northeast corner of..
Lot 1,Block 24 of said plat;
Thence westerly,along the north line of said Lot 1,a distance of 115 feet,to the point
of beginning;
ALSO, Lots 1 through 4,inclusive,and Lots 16 through 18,inclusive,Block 24 of said plat; .
LESS roads and alleys.
ALL SITUATE in Sections 17 and 18,Township 23 North,Range 5 East,W.M.in the City of
. Renton,King County,Washington.
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EXHIBIT B
MERRILL GARDENS LATECOMER(PRM27-0028)
LEGAL DESCRIPTION:
Lots 5 through 15,inclusive, and Lots 19 and 20,Block 24,Town of Renton,according
to the plat thereof,as recorded in Volume 1 of Plats,page 135,records of King County,
Washington;
TOGETHER WITH that portion of the Henry Tobin Donation Claim No.37,in Sections
17 and 18,Township 23 North,Range 5 East, W.M.,described as follows:
Beginning at the northeast corner of Block 24 of said plat,said corner being on
the westerly right-of-way margin of Williams Avenue S.;• .
Thence northerly along the east line of said Block 24 extended northerly, a
distance of 351.52 feet,to the southerly right-of-way margin of S.Tobin Street;
Thence westerly along the southerly right-of-way margin of S, Tobin Street,a
distance,of 115 feet;
Thence southerly,parallel with said easterly right-of-way margin of Williams
Avenue S.,a distance of 351.52 feet,to the northwest corner of Lot 20,Block 24
of said plat;
Thence easterly, along the north line of said Lot 20,a distance of 115 feet,to the
point of beginning;
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TOGETHER WITH Lots 1 through 12,inclusive,and the south 10 feet of Lot 13,all in
Block 23 of said Town of Renton;
TOGETHER WITH that portion of the west 120 feet of Henry Tobin Donation Claim
No. 37,in Section 17,Township 23 North,Range 5 East,W.M.,lying easterly of the
easterly right-of-way margin-of-Williams Avenue-S:-and southerly of the southwesterly---
right-of-way margin of the former Commercial Waterway District#2;
LESS roads and alleys.
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ALL SITUATE in Sections 17 and 18,Township 23 North,Range 5 East, W.M. in the
City of Renton,King County,Washington.
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EXHIBIT "C" I .
111 .
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• S. Tobin St.
13
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201• i
NTS S. 2nd St.
.....1111 ......
.— .. Latecomer Boundary
020 Developer's Parcels Merrill G-ardens 1
1
NT* DEVELOPMENT SERVICES i Latecomer Agreement Area
+ 4. COMMUNITY & ECONOMIC DEVELOPMENT
• it, M. BENOIT
kNi 0 January 2011 (LA-05-001/ PRIVI-27-0028) ,
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EXHIBIT "p„
PROPERTY TAX PARCEL NUMBERS
0007200053
0007200055 •
0007200096
0007200109
1529100000
0007200118
0007200122
0007200130
0007200138
0007200139
0007200145
0007200147
0007200160
0007200161
0007200164 •
0007200189
7231501955
7231501965
7231501970
7231501979
7231502085
7231502125
7231502130