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Home My WebLink AboutPK07-173 - Original - Water District No. 111 of King County - Reimbursement Agreement Service Club Ballfields Watermain 1/4/2007 �'''►. Records Marrttgemerl KENT WA3H1NGTO. F 1 Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. r Vendor Name: n 7 &6(-1 12-gh t Contract Number, This is assigned by Mary Simmons Vendor Number: Project Name:— Contract Effective Date: —�r—T Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: eJ/ i i Department: 91G?!y�—sr_�, �� Abstract: ADCL7832 07102 Water District No . 111 of King County REIMBURSEMENT AGREEMENT Payback Agreement No. 2-2006 Service Club Ballfields (Watermain) THIS AGREEMENT, made and entered into this_4� day of 1 c 200-7, between King County Water District No. 111, a municipal cor ration ("District") and City of Kent Parks (Owner). RECITALS: A District is a duly organized water district under the laws of the State of Washington, and is empowered to furnish water service, among other things, to property owners within and without the District in the manner provided by law; and B. Owner entered into a Developer Extension Agreement dated the 27th day of April, 2005 ("Extension Agreement") with District for the construction and installation of the water system extensions to provide service to the area described on Exhibit "A" ("Developed Area") attached hereto, and Owner completed installation of the system extension in accordance with the terms of the Extension Agreement, portions of which are a benefit to real property within (and without) the District other than the Developed Area, which consists of water lines of a size and location described on Exhibit "A" attached hereto and designated "Extension Facilities", and Owner is entitled to reimbursement from developers and real property owners who subsequently connect to or use such Extension Facilities for the cost of such facilities in excess of Owner's fair pro rata share thereof, which costs have been determined as set forth below, and C. Pursuant to the provisions of Chapter 57 22 RCW, District is authorized to enter into reimbursement agreements with parties constructing extensions to the District's water systems for reimbursement to such parties from connection charges received by the District from other property owners who subsequently connect to or use such facilities and who did not contribute to the ongmal cost of such facilities, and D. Owner is entitled to a reimbursement agreement for and related to its installation of the Extension Facilities, and the Owner and the District now desire to provide for such reimbursement subject to the terms and conditions set forth herein, now therefore, IN CONSIDERATION of the following terms and conditions, the District and the Owner agree as follows: 1. Completion of Facilities The installation of the Extension Facilities described on Exhibit "A" in the Developed Area have been completed by Owner under an Extension Agreement with District, and title thereto has been transferred to District, and such Extension Facilities are a part of the District water system 2. Records/Costs Owner has obtained and submitted to the District competitive bids as required by the District Engineer for the Extension Facilities qualifying for reimbursement and has kept accurate records which have been provided to the District of the actual cost of installing such Extension Facilities in accordance with the Extension Agreement, and the District Engineer has reviewed and approved the costs of such Extension Facilities as reasonable and actual costs and District accepts such costs as costs which are subject to reimbursement; and District agrees to reimburse Owner in the manner and on the terms and conditions set forth in this Agreement, and Owner agrees to reimburse the District all costs and charges incurred by the District to prepare and set up the reimbursement contract referenced herein, including but nor limited to, all legal, engineering and administrative costs and charges. 3. Method of Reimbursement A. Benefited Properties. The properties benefiting from the installation of the Extension Facilities which have not contributed to the original cost thereof are as described on Exhibit "A" attached hereto B. Charges. (1) Amount District shall collect the pro rata share of the cost of construction and contract administration costs of the Extension Facilities as a charge from the owners of benefited properties set forth on Exhibit "A" desiring to connect to or use the Extension Facilities. The amount of such connection charges to be collected prior to such connection is set forth on Exhibit "A" Such charges may include, but are not limited to, pro rata share of District legal, engineering, administrative, set-up, handling and actual costs of the Extension Facility Such reimbursement charges shall be in addition to all other District charges in effect at the time of seeking connection to such Extension Facilities Upon application by affected property owners, the District may further segregate reimbursement charges attributed to property benefited by the Extension Facilities. All costs of such segregation shall be borne by the party requesting such segregation. (2) Payment Upon payment to the District of a reimbursement charge as provided herein, District shall first deduct it's charge to cover its administrative costs (15%), and the remaining balance (85%) shall be paid over to Owner within sixty (60) days after receipt thereof, District to follow its established procedures of depositing such funds received with the County Treasurer and drawing upon the same and effecting payment by County Treasurer Warrant in the manner provided by law C. Charge; Satisfaction and Discharge. The amounts payable by property owners desiring to connect to the Extension Facilities shall be recorded as a charge upon such real property until paid. When paid, the charge shall be satisfied and discharged of record Owner hereby appoints the Secretary of the Board of Commissioners, or his/her successor, as its attorney-in-fact, to prepare, execute and file for record with King County a document appropriate to cancel the charge and release the obligation of the benefited property owners to pay the reimbursement amount to District, and which will describe the real property so connecting and paying the reimbursement amount, and thereupon this Agreement shall no longer apply to such real property This appointment as attorney-in-fact is irrevocable during the existence of this Agreement D. Payment Procedure. The District shall forward reimbursement funds referenced herein to Owner at Owner's address provided herein or to Owner's agent as authorized by Owner to the District in writing. As a condition of receiving such reimbursement funds, the District may require Owner or Owner's agent to execute a receipt to the District for such reimbursement amounts so paid upon a receipt form provided by District. In the event of a dispute as to the rightful party to receive such funds, District may pay the same to the Owner referenced herein or interplead such funds to the court; in either event, District shall thereupon be relieved of any further obligation or of any liability hereunder as to such reimbursement funds so paid 4. District Authority: Effective Date. District is authorized to enter into this agreement by virtue of the provisions of Chapter 57 22 RCW This Agreement shall remain in full force and effect for a period of fifteen (15) years from the date of acceptance of title to the Extension Facilities referenced herein by District from Owner, which date shall be the effective date of this contract. 5. Recording This contract shall be recorded in the office of the County Auditor immediately upon execution by the District and the Owner Such contract shall constitute a charge and obligation upon the real properties described on Exhibit "A" not contributing to the original cost of the Extension Facilities under the provisions hereof, and shall be binding upon the present owner thereof, and all successors in interest to those respective parties 6. Indemnification. The District will use its best efforts to collect and distribute the funds pursuant to the process set forth in this Agreement However, the District, its officials, employee or agents shall not be held liable or responsible for failure to implement any of the provisions of this Agreement unless such failure was willful or intentional Owner agrees to indemnify and hold the District harmless from any liability or damages of any nature or kind whatsoever arising out of claims and/or suits filed against the District as a result of any action taken pursuant to this Agreement, and shall defend the District whenever the District is named in a suit in which this Agreement is at issue and pay all costs of such defense, including but not limited to attorney and expert witness fees and costs. 7. General This Agreement constitutes the entire agreement between the parties All exhibits referred to herein are by this reference made a part of this Agreement as though set forth in full This Agreement is binding upon the heirs, executors, administrators, successors and assigns, of each of the parties hereto. 8. Assignment The Owner shall not assign the whole or any part of this Agreement without the prior written consent of the District. King County Water District No. 111 ("District") By Y " Its -.r Manager ("Owner") By Its Addr ss 177- Telephone STATE OF WASHINGTON ) ss. COUNTY OF � ) I certify that I know or have satisfactory evidence that William C. Hall is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the General Manager of King County Water District No. 111 to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. DATED: Zoa ALICE R. MARSHALL NOTARY PUBLIC NAME: 400 STATE OF WASHOTON COMMISSION EXPIRES (Print Name) FEBRUARY 28.2410 Notary Public in and for the State of Washington Commission Expires. 2"�� 10 STATE OF WASHINGTON ) ss. COUNTY O ) I certify that I kn or have satisfactory evidence that the person who appeared before me, and did p n acknowledged that he/she signed this instrument, on oath stated that e/she was authorized to execute the instru ent and acknowledg d it as the of to be the free aEVd voluntary act of such corporation r thd uses a d purposes mentioned in the instrument. �1 ,`� >�• BAD DATED- a-o o .o 0 TA r . t"�. �b��a NAME: niie� oJ! AZ� (Print Name) Notary Public in and for the State of Washington Commission Expires: /a- —/ 9- WATER DISTRICT NO. 111 OF KING COUNTY CITY OF KENT SERVICE CLUB BALLFIELDS PAYBACK AGREEMENT NO. 2-2006 Exhibit "A' LEGAL DESCRIPTION AND PAYBACK SUMMARY PARCEL "A" — NO. 342205-9096 Currently known on April 7, 2006, as parcel #342205-9096 and 2.95 acres more or less and further described as: The North 330 feet of East half of the Southwest quarter of the Southeast quarter of Section 34, Township 22 North, Range 5 East, W M. in King County, Washington, Except portion within County road (144`h Ave SE) AND Except portion lying West of the West line of the East 390 feet of the remainder thereof. Also known as Lot"B" as delineated per King County Boundary Line Adjustment #5921-0170, as recorded in King County in Recording No. 9512220467 Benefited Footage = 330.00 feet Front Foot Cost = $42.50 Payback Charge = $14,025.00 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies These requirements will be reviewed at the time service is requested. PARCEL "B" — NO. 342205-9217 Currently known on April 7, 2006, as parcel #342205-9217 and 2 46 acres more or less and further described as. The North half of the South 340 feet of the North 670 feet of the East half of the Southwest quarter of the Southeast quarter of Section 34, Township 22 North, Range 5 East, W.M. in King County, Washington. Less the East 30 feet thereof conveyed to King County for 144th Ave Southeast by deed under Recording No. 2543725. Also known as Lot B and as delineated per King County Boundary Line Adjustment No. S91 L0141, as approved 17 July 1991. Benefited Footage = 170 feet (1) This parcel paid In Lieu of construction fees in 1999 and as such is not required to Front Foot Cost = n/a participated in the Payback Agreement for this project. Payback Charge = n/a This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested FA00 3 410 0 1 861Docs1LC-EuA Kent Ballpark 042006 Payback#2 2-2006 DOC 1 of 6 WATER DISTRICT NO. 111 OF KING COUNTY CITY OF KENT SERVICE CLUB BALLFIELDS PAYBACK AGREEMENT NO. 2-2006 PARCEL "C" - NO. 342205-9108 Currently known on April 7, 2006, as parcel #342205-9108 and 2.46 acres more or less and further described as: The South half of the South 340 feet of the North 670 feet of the East half of the Southwest quarter of the Southeast quarter Section 34, Township 22 North, Range 5 East, W.M in King County, Washington Less East 30 feet thereof conveyed to King County for 144`h Ave Southeast by deed under Recording No. 2543725. Also known as Lot A and as delineated per King County Lot Line Adjustment No. 8605017 King County Recording No. 8803301129 AND per King County Boundary Line Adjustment No S91L0141, as approved 17 July 1991. Benefited Footage = 170 feet Front Foot Cost = $42.50 Payback Charge = $7,225.00 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested. PARCEL "D" - NO 342205-9103 Currently known on April 7, 2006, as parcel #342205-9103 and 0.46 acres more or less and further described as. The South 125 feet of the North 795 of the East 190 feet of the Southwest quarter of the Southeast quarter of Section 34, Township 22 North, Range 5 East, W.M. in King County, Washington, Less County road. Also known as Lot A of King County Lot Line Adjustment No. 8605017 as approved 3 September 1987 Benefited Footage = 125 feet Front Foot Cost = $42.50 Payback Charge = $5,312.50 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested. F.10 0 34=1 8 61Docs\LC-ExA Kent Ballpark 042006 Payback#2 2-2006 DOC 2 of 6 WATER DISTRICT NO. 111 OF KING COUNTY CITY OF KENT SERVICE CLUB BALLFIELDS PAYBACK AGREEMENT NO 2-2006 PARCEL "E" - NO. 342205-9099 Currently known on April 7, 2006, as parcel #342205-9099 and 1 78 acres more or less and further described as: The South 155 feet of the North 825 feet of the East half of Southwest quarter of Southeast quarter of Section 34, Township 22 North, Range 5 East, W.M. in King County, Washington; Less the North 125 feet of the East 190 feet, AND less County road: Also known as Lot B of King County Lot Line Adjustment No 8605017 as approved 3 September 1987. Benefited Footage = 30 feet Front Foot Cost = $42.50 Payback Charge = $1,275.00 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested. PARCEL "F" - NO. 342205-9104 Currently known on April 7, 2006, as parcel #342205-9104 and 2 39 acres more or less and further described as: The South half of the South 330 feet of the North 990 feet of the East half Southwest quarter of the Southeast quarter of Section 34, Township 22 North, Range 5 East, W.M. in King County, Washington Except the East 30 feet thereof conveyed to King County for road purposes by deed under Recording No. 2543725 Benefited Footage = 165 feet Front Foot Cost = $42.50 Payback Charge = $7,012.50 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested. FA0034\001861Docs\LC-ExA Kent Ballpark 042006 Payback#2 2-2006 DOC 3 of 6 WATER DISTRICT NO. 111 OF KING COUNTY CITY OF KENT SERVICE CLUB BALLFIELDS PAYBACK AGREEMENT NO. 2-2006 PARCEL "G"- NO. 342205-9186 Currently known on April 7, 2006, as parcel #342205-9186 and 0.55 acres more or less and further described as: That portion of the Southeast Quarter of Section 34, Township 22 North, Range 5 East, Willamette Meridian situated within King County, Washington more particularly described as follows: The East 175 feet of the following. The East half of Southwest quarter of said Southeast quarter lying South of the North 990 feet thereof, Less the West 330 feet; Less the South 200 feet; Less County roads. Benefited Footage = 138 2 feet Front Foot Cost = $42.50 Payback Charge = $5,873.50 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested PARCEL "H" - NO. 342205-9105 Currently known on April 7, 2006, as parcel #342205-9105 and 0 82 acres more or less and further described as. That portion of the Southeast Quarter of Section 34, Township 22 North, Range 5 East, Willamette Meridian situated within King County, Washington more particularly described as follows. The South 200 feet of the East 240 feet of the Southwest quarter of said Southeast quarter; Less county roads. Benefited Footage = 95 (2) (2) Benefited frontage is based on Y2 [(A+B)/2j Parcel 'H' AKA Parcel #342205-9105 will also Front Foot Cost = $42 50 be responsible for Reimbursement Agreement for the protect constructed in Payback Charge = $4,037 50 SE 2881h St This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested F:\0034\00186\Docs\LC-ExA Kent Ballpark 042006 Payback#2 2-2006 DOC 4 of 6 WATER DISTRICT NO. 111 OF KING COUNTY CITY OF KENT SERVICE CLUB BALLFIELDS PAYBACK AGREEMENT NO. 2-2006 PARCEL "I"— NO. 032105-9166 Currently known on April 7, 2006, as parcel #032105-9166 and 1.44 acres more or less and further described as. That portion of the Government Lot 1 in the Northeast Quarter of Section 3, Township 21 North, Range 5 East, Willamette Meridian situated within King County, Washington more particularly described as follows: Lot 2 of King County Short Plat No. 678057 as recorded in Recording No 7905151035 Said Short Plat is described as follows- Portion of said Government Lot 1 lying Westerly of Primary State Highway#2 also known as (SR18), Less beginning at a point on the West Line of said Government Lot 1, 380 feet South of the Centerline of 288" Ave Southeast, Thence South 417.4 feet, Thence East 208.7 feet, Thence North 417.4 feet, Thence West 208.7 feet to the point of beginning, Less 144th Ave Southeast; Less Southeast 288th Street, Subject to BPA Transmission Line Easement & Right of Way. Benefited Footage = 178 7 feet Front Foot Cost = $42.50 Payback Charge = $7,594.75 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested PARCEL "J" — NO. 032105-9001 Currently known on April 7, 2006, as parcel #032105-9001 and 6.49 acres (including BPA Easement) more or less and further described as. That portion of the Government Lot 1 in the Northeast Quarter of Section 3, Township 21 North, Range 5 East, Willamette Meridian situated within King County, Washington more particularly described as follows- Lot 1 of King County Short Plat No. 678057 as recorded in Recording No. 7905151035; Said Short Plat is described as follows: That portion of said Government Lot 1 lying Westerly of Primary State Highway#2 also known as (SR18); Less beginning at a point on the West line of said Government Lot 1, 380 feet South of the center line of 288'h Ave Southeast; Thence South 417.4 feet; Thence East 208 7 feet, Thence North 417.4; Thence West 208.7 to the point of beginning, 71W Less 144'h Ave Southeast; Less Southeast 288th Street, Subject to BPA Transmission Line Easement& Right of Way F 10034\001861DocslLC-EuA Kent Ballpark 042006 Payback#2 2-2006 DOC 5 of 6 WATER DISTRICT NO. 111 OF KING COUNTY CITY OF KENT SERVICE CLUB BALLFIELDS PAYBACK AGREEMENT NO. 2-2006 Benefited Footage = 211.3 feet Front Foot Cost = $42.50 Payback Charge = $8,980.25 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies These requirements will be reviewed at the time service is requested PARCEL "K" - NO 342205-9020 Currently known on April 7, 2006, as parcel #342205-9020 and 4.93 acres more or less and further described as That portion of the Southeast Quarter of Section 34, Township 22 North, Range 5 East, Willamette Meridian situated within King County, Washington more particularly described as follows. The North quarter of the West half of that portion of the Southeast quarter of said q p Southeast quarter lying Easterly of County Road. Benefited Footage = 332.1 feet Front Foot Cost = $42.50 Payback Charge = $14,114.25 This parcel may be required to construct other water main facilities on the property in order to provide service to the property or satisfy District Extension Policies. These requirements will be reviewed at the time service is requested PARCEL "L" - NO 342205-9198 Currently known on April 7, 2006, as parcel #342205-9198 and 1.86 acres more or less and further described as: That portion of the Southeast Quarter of Section 34, Township 22 North, Range 5 East, Willamette Meridian situated within King County, Washington more particularly described as follows The Southerly 124 feet of Lot 2 King County Short Plat#677095 as recorded under Auditors File #7810030964, Said Plat is described as follows. The South half of the South half of the Northeast quarter of Said Southeast quarter; Less the East 660 feet; Less County Road Benefited Footage = 124 feet .c Front Foot Cost = $42 50 Payback Charge = $5,270 00 F.\0034\00186\Docs\LC-ExA Kent Ballpark 042006 Payback#2 2-2006.00C 6of6 1 'I. WATER DISTRICT NO. 111 OF KING COUNTY CITY OF KENT - SERVICE CLUB BALLFIELDS PAYBACK AGREEMENT NO. 2-2006 EXHIBIT "B" mc NTS T 1 S 28 N L Lu I, W V) w 1 w Q I > - - J I c, - - PARCEL'L' - 124' PARCELPARCEL'K' / Lu I CITY OF I PAR CEL 1 w - � ) KENT I SERVICE PARCEL'C'� „^mot CLUB , ;I I1 _OHWH=IU_H--H-I HIIH-pU-}IHH�N�O fl /ALLFIELDS PARCELPARCEL'F' D' PARCEL'E - - --ARP 'G PAR H EX 1Z_w f _r_ ____ 7- 8.,WM SE 288TH ST - ,'„ L w, < (1) PARCEL 'B' PAID A IN LIEU FEE & THEREFORE DOES NOT PAY THE PAYBACK FEE THE IN LIEU OF FEE HAS BEEN PAID TO THE DEVELOPER FOR THIS PROJECT. (2) PARCEL 'H' WILL ALSO BE RESPONSIBLE FOR A REIMBURSEMENT 1227\04 AGREEMENT FOR A PROJECT CONSTRUCTED IN SE 288TH ST. P r)ATA1QO