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Assessment District 92-01
Project Number T#1-90
LATECOMERS AGREEMENT
THIS AGREEMENT made and entered into this /5/.' day of aeerAgt , 1992,
by and between the CITY OF RENTON, hereinafter referred to as "CITY," and The
Austin Company, 800-SW 16th Street, Renton, WA 98055 hereinafter referred to as
"DEVELOPER";
WHEREAS, the 'DEVELOPER" is desirous of installing certain storm water drainage
systems, and street improvements, 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
COcost and expense of construction of such improvements, and the parties hereto
00 having in mind the provisions and terms of the "Municipal Water and Sewer Facilities
O Act" (RCW 35.91.020 et seq) and street latecomers' legislation (RCW 35.72.010 et
N 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"
and the "DEVELOPER"hereby agrees and covenants to cause to have installed the
following described improvements, to-wit:
Installation of Street Improvements including Storm Drainage in SW 16th
Street, between Raymond Avenue SW and Lind Avenue SW,
LATECOMER'S AGREEMENT-1
92-158.DOC/AMH/bh
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 any liability in connection
therewith.
2. The "Developer" further certifies that the total cost of said construction as
hereinabove specified is $49,186.00. See 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
.p estate who did not contribute to the original cost of such improvement, and who
cep 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
co subject to the laws and ordinances of the "CITY" and the provisions of this
CV Agreement.
The method of determining latecomer payments is by the square footage
method:
The pro rata cost per square foot is $0.15741.
The method for activation of the latecomer charge shall be:
Voluntary use of SW 16th Street by north side property owners,which
includes,but is not limited to, installation of curbs, gutter, sidewalks, and
driveway entrance changes; and
Building permit application in excess of$25,000(per Code 4-24-3(A)e),
and determination by the City that the project is of sufficient magnitude
to require improvements along SW 16th Street.
3. It is hereby found and determined that the construction and installation of said
aforedescribed improvement is in the public interest.
LATECOMER'S AGREEMENT-2
92-158.DOC/AMH/bh
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 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 "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
Oto tap into the facility during the period of ten (10) years from date hereof,
ACV without first paying unto the "CITY", in addition to any and all other costs, fees,
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 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 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."
LATECOMERS AGREEMENT-3
92-158.DOC/AMH/bh
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 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.
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
c0 latecomer's fee should the "CITY" be unable to locate the "DEVELOPER" to tender
Q
CO any latecomer's fee that the "CITY" has received. The "DEVELOPER" shall be
responsible for keeping the "CITY" informed of its correct mailing address.
N Should the "CITY" be unable to locate the "DEVELOPER" in order to deliver a
lT
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.
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
LATECOMER'S AGREEMENT-4
92-158.DOC/AMH/bh
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
period of item 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
, Q
responsibility to enforce the latecomer's agreement. The assessment roll will be
CO
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"
co has responsibility to monitor those parties connecting to the improvement.
tT 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.
LATECOMER'S AGREEMENT-5
92-158.DOC/AMH/bh
Dated this /4146 day of a.lr2?'� ,19 .
CITY NTON DEVELOPER
By: _ _ - . _ ..•-' A By: �/ - �i���,
P4u1 S. Chiado
ayOr Vice-President
,A49�
By: t �� ' By:
City
CITY OF RENTON DEVELOPER
STATE OF WASHINGTON ) STATE OF WASHINGTON )
) ss ) ss
COUNTY OF KING ) COUNTY OF KING )
On this (y 4.4-day of A``siud-, 193- On this day personally appeared before
before me personally appeared me PAUL LSI'/A'DD
�w aLG-Yv i cit., and ffl uu . 4.motO
me known to be the YYlavoe and (Grantor/s)to me known to be the
c -,,0-4..E.e . -of the municipal individual(s)described in and who
CD CO corporation that executed the within executed the within and foregoing
and foregoing instrument, and instrument, and acknowledged that
Q acknowledged said instrument to be the kg -signed the same as Ails -
free and voluntary act and deed of said free and voluntary act and deed for the
CO municipal corporation for the uses and uses and purposes therein mentioned.
Q purposes therein mentioned, and on Given under my hand and official seal
v` oath stated that he/she was authorized this /30/day of /61%,-4 , 1992.
to execute said instrument and that the
seal affixed is the corporate seal of said
municipal corporation. Sign. •�el o — &&Official Seal
IN WITNESS WHEREOF, I have hereunto�/�.��/�,��
set my hand and affixed my official seal g9or the State of •
the day and year first above written. on, r-i at Seatt]_e, WA
My appointment expires: 4-10795
Signature&Title of Officer
' satA„ _ .61P444,..424D
No . ': blic in and for State f
Washington, residing a
My appointment expires: V.29/95—
,
LATECOMERS AGREEMENT-6
92-158.DOC/AMH/bh
EXHIBIT"A"
LEGAL DESCRIPTION OF DEVELOPERS PROPERTY
AUSTIN COMPANY:
334040-4003-04
PORTION OF BLOCKS 24-31 HILLMANS EARLINGTON GARDENS#1 LOT 1 LESS E 240.06 FT OF CITY OF RENTON
SHORT PLAT NO. 431-79 RECORDING NO. 8002269013 SD SHORT PLAT DAF-ALL OF VAC BLKS 24&31 &VAC
VALENTINE AVE BTW SD BLKS OF SD SUBD LY S OF S MGN OF SW 16TH ST LESS STS-AKA POR OF LOT 3 OF CITY
OF RENTON LOT LN ADJ NO 001-89 REC#8905059001
334040-4004-03
PORTION OF BLOCKS 24-31 HILLMANS EARLINGTON GARDENS #1 LOT 3 CITY OF RENTON SP#431-79 REC AF
#8002269013 SD SP DAF-ALL OF VAC BLKS 24&31 &VAC VALENTINE AVE BET SD BLKS OF SD SUED LY S OF S
MGN OF SW 16Th ST LESS STS AKA POR OF LOT 3 OF CITY OF RENTON LOT LN ADJ NO 001-89 RECORDING
NO 8905059001
334040-4006-01
PORTION OF BLOCKS 24-31 HILLMANS EARLINGTON GARDENS#1 LOT 2 LESS ST-CITY OF RENTON SP#431-79
REC#8002269013 SD SP DAF-ALL OF VAC BLKS 24&31&VAC VALENTINE AVE BET SD BLOCKS OF SD SUBD LY S
OF S MGN OF SW 16T1I ST LESS STS
++0
,0
aD
0
00
a)
0
N
LATECOMER'S AGREEMENT-7
92-158.DOC/AMH/bh
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, WASHIdGTON-FINAL ASSESSMENT ROLL
ADDITIONAL TAP OR Austin Company(GSA Office Bldg)
CONNECTION CHARGE PER: Latecomer Agreement/Assessment
District No. 92-01
PROJECT NO: T#1-90
RECIPIENT: Austin Company
Robert G. Synder, Project
Coordinator
4.1) BRIEF PROJECT DESCRIPTION: Installation of Street Improvements,
CD including Storm drainage in SW
GC) 16th Street, between Raymond and
ap Lind Avenue SW.
CO TOTAL ASSESSMENT COST: Cost of Improvements $ 49,186
CD
N METHOD OF ASSESSMENT: By Square Footage, total Sq. footage 312,466 Sq. Ft.
TOTAL COST PER SQUARE FOOT: $0.15741
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.
Parcel Ownership Legal Description Square Footage Additional
No. Charge
1 334040-5150 Lots 26 and 27 Block 30 Hillmans Earlington 19,156 Sq Ft $ 3,015.60
Nass Leroy Gardens#1
15713 SE 128th
Renton WA 98056
2 334040-5105 Lots 17 thru 20;
334040-5125 Lots 21,22,and 23;
334040-5140 Lots 24 and 25;and
334040-5191 Lots 28 thru 37 all in Block 30 153,885 Sq.Ft. $24,223.50
Richards EM Hillmans Earlington Gardens#1
1402 22nd NE#440 Less St HWY
Auburn WA 98002 (Holmes Electric)
3 334040-4035 Block 25 139,425 Sq.Ft. $21,946.90
Powers,JR Frank J&John H Hillmans Earlington Gardens#1
PO Box 508 Vac Lots 16 thru 42 less St HWY
Renton WA 98055 (Seattle Lumber)
TOTAL SQUARE FOOTAGE 312,466
SUBTOTAL ASSESSMENT COST OF RECOVERY $49,186.00
LESS 15%PROCESSING FEE DUE CITY OF RENTON -7,377.90
$1,000.00 CREDIT FOR DEPOSIT +1,000.00
TOTAL LATECOMER FEE DUE DEVELOPER $42,808.10
LATECOMER'S AGREEMENT-8
92-158.DOC/AMH/bh
•
EXHIBIT"B"
(Continued)
COST BREAKDOWN FOR LATECOMERS
AUSTIN COMPANY FINAL MEASURED QUANTITIES
1. ASPHALT CONCRETE PAVING 4" DEPTH: $14,075.49
426.53 TONS AT $33.00 PER TON
2. CRUSHED ROCK 1' DEPTH $16,665.88
1190.42 TONS AT $14.00 PER TON
3. CHANNELIZATION LUMP SUM $1,725.00
p 4. STORM DRAIN:
co 135 L.F. 12"D.I. AT $28.00 PER L.F. $3,780.00
CB TYPE 1-C 4 EACH AT $1000.00 EACH $4,000.00
CO
5. ASPHALT CURB:
N 622 L.F. AT $1.43 PER FT. $889.46
6. ENGINEERING LUMP SUM $8,050.00
TOTAL $49,186.00
LATECOMER COST $49,186.00
LATECOMER'S AGREEMENT-9
92-158.DOC/AMH/bh
EXHIBIT"C"
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/////// LATECOMER BOUNDARY .ii:::::::::::::::::::::::;;;;;;;;;;;;;; DEVELOPER'S PROPERTY
The Austin Company
LATECOMER MAP
THE AUSTIN COMPANY
SW 16th Street
LATECOMER'S AGREEMENT-10
92-158.DOC/AMH/bh Lind Avenue SW to Raymond Avenue SW