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HomeMy WebLinkAboutLA 20071102000439 • T Ret: 4ay rn Addrs: CitClerk's 2007110200439 Renton, WA 98055 PAGE001 pFN0oN AG 0 11NG2/2007 1°2 00 COUNTY 1844 Title: LATECOMER'S AGREEMENT Property Tax Parcel Numbers: 200600-0160; Project File#: PRM-27-0029 -0170; -0180; -0250; -0260; -0270; -0280; -0290; -0300 Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. Lakeridge Development,Inc Complete legal description is in Exhibit"B"of this document. LEGAL DESCRIPTION: Portions of the East Half of Section 14,Township 23 North,Range 5 East, W.M. in King County, Washington - THIS AGREEMENT made and entered into this o?9 '"' day of 01,6400 , 20 07, by and between the CITY OF RENTON, hereinafter referred to as"CITY,"and Lakeridge Development, Inc., hereinafter referred to as"DEVELOPER"; WHEREAS,the"DEVELOPER" is desirous of installing certain wastewater 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: Page 1 11 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREE MENT 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: 1. 876.1 linear feet of 8 inch PVC Sewer Main 2. 4 48 inch diameter manhole 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$122,195.08. 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 lateral or branches connecting thereto,all subject to the laws and ordinances of the"CITY" and the provisions of this agreement. Page 2 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREE MENT The method of determining latecomer payments shall be by: An equitable method,as determined by the City of Renton The pro rata cost is$6,788.62 per lot. 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 Planning/Building/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". 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 Page 3 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT 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% 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 Planning/Building/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. 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 Page 4 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREE MENT "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. 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 Page 5 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREE MENT 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. Page 6 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREE MENT CITY OF RENTON « : By: • Mayor K y Keolker j •r . 7. �I -r"•,, (7 By: K��J. L!J L2�:G0� lid' •..... Bonnie I. Walton,City Clerk Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING i On this 2_CI14t day of p(oe./ ,20 07,I certify that I know or have ''A -1:t satisfactory evidence that Kathy Keolker is the person who appeared before me,and 1',)..// who signed this instrument,on oath stated that she was authorized to execute the -N.-''_ �xy F �S ! instrument and acknowledged as the Mayor of the City of Renton to be to be the free ' '''� ''?r0, , and voluntary act of such party for the uses and purposes mentioned in the A % i instrume • ��7�� �r3- 40-e44 i = /I. `�' // O'� ,,,����- Cad Nota Public in and for the tate of Washington �i, l Op-111u Not ry(Print) —la 5.0 A Q , Se My appointment expires: le-moi-ZoUg Dated: 1 0/7...0/12o.0-7 Page 7 PRM27-0029: LIBERTY GROVE LATECOMER'S AGREEMENT r DEVELOP ' - / By: el Q'i By: /& r, Ce; 'ORATE FORM OFACKNOWLEDe ENT Notary Seal must be within box �r ATE OF WASHINGTON )ss COUNTY OF KING t� // ��ttttttl;,:,:,. On this fg-th day of X26 o`jeY ,20 '7 ,before me personally appeared 1:a,�Q`�G�..'';A'-., f7-e%rAt +�..z I-3444 ph to me known to s\Otd,.k> f^,, t /T r'2a ci re Y of the corporation that A. ,e45 s.a`a ° " be SZLYR ar� rp vs t M executed the withid instrument,and acknowledge the said instrument to be the free ® o NOTARY and voluntary act and deed of said corporation,for the uses and purposes therein Cil t PUI?l..i< : r. :'c�u, mentioned,and each on oath stated that he/she was authorized to execute said S:75:\0 „ „",` instrument and that the seal affixed is the corporate seal of said corporation. ,�/,4lac� f Notary Public in and for the State of Washington Notary(Print) an p i1h� wan 8 My appointment ex es: b& 00 /7-0[0 Dated: t0 /iS/ vv07 Page 8 EXHIBIT A LIBERTY GROVE LATECOMER(PRM27-0029) DEVELOPER PROPERTY LEGAL DESCRIPTION: All of Lot 7,Block 1, and that portion of Lot 6,Block 1, lying southerly of a line beginning on the east line of said Lot 6, at a point 12.3 feet North of the southeast corner thereof and running westerly to a point on the west line of said Lot 6, at a point 4.8 feet north of the southwest corner thereof and the terminus of said line as said line was established by judgment entered January 29, 1969 in King County Superior Court Cause Number 691199, all in Janett's Renton Boulevard Tracts, according to the Plat thereof, as recorded in Volume 17 of Plats, page 60,records of King County, Washington; TOGETHER WITH Tract 1, Block 3, Cedar River Park Five Acre Tracts, according to the plat thereof, as recorded in Volume 15 of Plats,page 91, records of King County, Washington. ALL SITUATE in the East Half of Section 14,Township 23 North, Range 5 East, W.M. in King County, Washington. EXHIBIT B LIBERTY GROVE LATECOMER(PRM27-0029) LEGAL DESCRIPTION: Lots 1 through 3, inclusive, and Lots 10 through 15, inclusive,Block 2 of DerryHurst, according to the plat thereof, as recorded in Volume 66 of Plats, page 74, records of King County, Washington; ALL SITUATE in the Northeast Quarter of Section 14, Township 23 North,Range 5 East, W.M., King County, Washington. w --0-PROPOSED SANITARY SEWER _ 0 BENIFITED PROPERTIES L i 1 SFR W y`,y a � 5 7. S..E.135 Q,5 1� '_"' C. RN lb C F tilironc, nr1 4E N c � � 0 U Q.. ilJ 200600 0580 < R CCIISSW' 200600 0170 ic \ lO o e i - 2 tt t h b 1 V I SFR SFR pe;; 23 24 4 O SFR © 7 H Ossl 200800 0180 •00600 0300 200600 0290 200600 0280 20000270 20000260 200600 0230 Q CDN S.E,136th ST. SFR SFR DEVELOPERS PROPERTY9 SFR 10 .