HomeMy WebLinkAboutLA 9009271240 • •
OITY OF RENTON OFFICE VIED FOR HECO�RD AT RE ri' LA-004-86�
OF RENTON MUNICIPAL BLDG.
SEP 2 1990 o
200 MILL AVE. S0.
RENTON, WA 98055 S-367
RECE��o��E Project Niter '
CITY CLERKS
LATECOMERS AGREEMENT -'
THIS AGREEMENT made and entered into this --'oda of
19 9d , by and between the CITY OF RENTON,
hereinafter referred to as "CITY, " and Fio` Di ` 3ros. , Inc ;•240 t
REMF 14.00
hereinafter referred to as "DEVELOPER"; RECFEE 2.00
CASHSL ***16.00
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
hereinbelow described property and to connect same to the "CITY'S"
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Cr. utility or road system(s) so that such improvements will constitute
Oan 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" (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; Plat of
Eden Estates as recorded in Volume 137 of Plats, Page 18, Records
LATECOMERS AGREEMENT - 1 #c27- ?(} cook,00f/7, S3 2 . 2.3. 4q. I
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of King County, Washington and the "DEVELOPER" hereby agrees and
covenants to cause to have installed the following described
improvements, to-wit: Installation of 210 L.F. of 8" P.V.C.
Sanitary Sewer Pipe and two (2) manholes and all appurtenances, 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
"'V will be paid in full, all at the "DEVELOPER'S" expense, and the
r "DEVELOPER" covenants and agrees to hold the "CITY" harmless from
0 any liability in connection therewith.
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2 . The "DEVELOPER" further certifies that the total cost of
said construction as hereinabove specified is $5,220. 00. 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
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
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g. any combination of methods a through f.
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(check the applicable method of assessment)
The pro rata cost per lineal front foot is $24.8571.
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C) 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 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
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"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
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of eight (8) years from date hereof, without first paying unto the
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r• "CITY, " in addition to any and all other costs, fees, and charges
pmade or assessed for each tap, or for the main facilities
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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: Eight (8) years
LATECOMERS AGREEMENT - 4
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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
04 aforedescribed improvements to be undertaken and paid for by
"DEVELOPER" have been or are about to be connected with the
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0 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 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
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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
Pl+ that fee shall expire, and the "CITY" shall be deemed to be the
Cit
r, owner of those funds.
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CT10. When the "CITY" has received the funds for a latecomer's
0) 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 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
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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
0 assessment should connection to the improvements be made. The
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"DEVELOPER" has responsibility to monitor those parties connecting
0, to the improvement. Should the "CITY" become aware of such a
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fee, but shall not incur any liability should it inadvertently fail
to collect the latecomer's fee.
LATECOMERS AGREEMENT - 7
DATED THIS 20th day of Sept. , 19 90.
CITY OE✓' N DEVELO'.- ' � '� /_. je
B _ i ' ` . B M _f,-1_1P
Y• _ Y• pezr--
.,
Mayor* $4
By: / u Lit By:
Cir Clerk
® CITY OF RENTON DEVELOPER
r
STATE OF WASHINGTON) STATE OF WASHINGTON)
SS. ) SS.
MCOUNTY OF KING ) COUNTY OF KING )
A
CDOn this day of On this day personally
S • ' bur , 19 ID , appeared before me
be 0, e me personally appeared J. D. Fiorito Jr.
. 1 1-1 C m tX` and
i, : ; to me known
to be the lor and (Grantor/s) to me known to be
of e municipal the individual(s) described in
corp ration that executed the and who executed the within and
wit in and foregoing foregoing instrument, and
instrument, and acknowledged acknowledged that he
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 20th day . .._“../r_ ,
that he/she was authorized to 19 .1
execute said instrument andfIW- -
that the seal affixed is the tit I �/
corporate seal of said -AG!/ / _ — ' ��_ `Y"
municipal corporation. Signat Sli cer &O -ick 1 I
Seal
IT WITNESS WHEREOF, I have
hereunto set my hand and ` , /
affixed by official seal the .04-3-7--).-7. / '. �U� it
day and year first above Notary Public in and for the
written. State of Washington, residing
at Seattle
Si. ature & Titl of Officer My appointment expire�: 10/1'1/9l_
90-284:AMH:ps
// ' '/ /
Notar i'ublic in and for the
1 State f Tashington, residing
in /
My appointment expires: '���I '7
LATECOMERS AGREEMENT - 8
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EXHIBIT "A"
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NOTICE 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: Fiorito Bros.. Inc. Latecomer Agreement
West of Plat of Eden Estates
PROJECT NO.: S-367
RECIPIENT: Fiorito Bros.. Inc.
BRIEF PROJECT DESCRIPTION: Installation of 210 L.F. of 8" P.V.C. Sanitary Sewer Pipe
and all appurtenances in NE 28th Street
TOTAL ASSESSMENT COST: $ 5.220.00 / 2 = $2.610.00
TOTAL ASSESSABLE FOOTAGE: 210 L.F.
4 (Front Footage or Square Footage)
® TOTAL COST PER FRONT FOOT: $ 24.8571 Der L.F.
If there is any y 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
PARCEL NO. 1 • ACCOUNT NO. 334210-3366-01 210 1.f. $2,610.00
MOJE DONALD W PORTION OF TRACT 51 OF PLAT
2808 KENNEWICK PL NE OF HILLMANS LK WN GARDEN OF
RENTON WA 98055 EDEN NO. 1 AS RECORDED IN
VOL. 11 OF PLATS, PAGE 63,
RECORDS OF KING COUNTY WA,
LESS BEG MOST WLY COR TH
S 28-13-00 E 82.90 FT TH N •
70-32-00 E 150 FT TH N 28-13-00
W 87.61 FT TO NLY LN OF TR TH S
68-45-00 W 149.33 FT M/L TO BEG
LESS ST
OTHER SIDE OF STREET ($2.610.00)
NO BENEFIT/NO ASSESS. TOTAL $5,220.00
LATECOMERS AGREEMENT — 9
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A t :I .. ' EXHIBIT "B" S-367
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SANITARY SEWER MAIN COVERED
• • BY LATECOMER AGREEMENT /
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STR 32-24-5 LATECOMERS AGREEMENT - 10