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HomeMy WebLinkAbout2000 - Developer Extension Agreement - Val Vue Sewer District / Keystar Inc - 2000030100169320000301001693 Document Titles) (or transactions contained therein) 1 Developer Extension Agreement Reference Number(s) of Documents assigned or released: (on page of document(s)) Grantor(s) (Last name fret, then first name and initials) t Keystar Inc. 2 3 4 5 Additional names on page of document Grantees) (Last name first, then first name and initials) I Val Vue Sewer District 2 3 4 5 Additional names on page of document :+ Legal Description (abbreviated i e lot, block, plat or section, township, range) Lots 5-10 Squire's Replat Additional legal is on page _2__of document 734060 =0661 •and•T34160=0662. -.. z3: -:=mss a . . -: , -• -_ .. • . The Auditor /Recorder will rely on the information provided on the form. The staff will nor read the document to verify the accuracy or completeness of the indexing informdt►on provided herein r-- MAY. 25. 2006 12:28AM Recording Requested By and When Recorded Mail To: Val Vue Sewer District 14816 Military Rd S Tukwila, WA 98168 i 20 003 VAt., Y11L SS AC KXNNG C OUNTY 1 0016 1 3 NO. 1314 P. 54 MAY, 25. 2006 12:28AM N0, 1314 P. 55 THIS AG by and between and VAL VIDE S "District "). RECITALS VAL VUE SEWER DISTRICT TERMS AND CONDITIONS DEVELOPER EXTENSION AGREEMENT is to be effective as of the day of , 19, Te f f14j- , /J4 (the "Owner ") Wl DIStRICT, a municipal corporation of the State of Washington (the A, The Board of Sewer Commissioners of the District operates a system of sewerage for collection and treatment of sanitary sewage in a portion of the District B. The Owner owns certain property legally described in Exhibit A, attached hereto and by thus eference m a part hereof (the 'Property"), which is located at S_ ; l fr� C. The Owner is willing to construct a system of sanitary sewer lines at Owner's expense, pursuant to the terms of this Agreement, in order to connect the Property to the District's existing system of sewerage' A c o /rzp1. b∎ ;,(9'7 ;; - /tom! 7 l S pi y/ 2‘ 4ti D. The construction of an internal system of sewerage for the collection of sanitary sewage on the Property is consistent with the District's comprehensive plan, E. As an initial step in providing sewage collection and treatment service to the Property, certain improvements to the District's system must be constructed and installed. F. The improvements consist of furnishing and constructing sanitarylewer.iiserand •all appurtenances. necessary ` to "comprise a complete system ready • for operation (the "Project "), • tom t•� r �, C 1 7 = [0 `� ut p on an pe s_provid `ere�n `the parties hereto for themselves; their a s , n s and succe i n ` interest, agree as follows: .. _ . -. • .,_fie... -f q - ' -• i. .%-4 . tV _ - .r:SerIZOZVAgi WV - • 1 - Cash D sit - Owner agrees to pay the District a cash deposit equal to One Dollar and no /100 ($1.00) per each foot of main line sewer installed with a minimum of Two Hundred Fifty Dollars and no /100 ($250.00) at the time of the filing of this Agreement. This cash deposit shall be conditioned upon the owner's strict compliance with the District's conditions and standards contained herein and shall insure the District against any damage to the existing sewer system as a result of the owner's failure to comply This cash deposit shall MAY. 25. 2006 12:28AM 5. Preuarati_on an R w of s , nd •y -, ' fi . n To insure that the Project is designed to the satisfaction of the Distnct and its consulting engineer shall review and approve in writing before work on the Project is commenced the plans, specifications and drawings of the Project, which shall be prepared by a licensed professional engineer of the Owner's choosing. 6. Eneineering„ Imo. gal and Administrative Costs. The Owner has paid to the District a nonrefundable Basic Engineering and Admimstrattve Fee for review of the r application for developer extension and initial services of the District and its consulting engineers to,determineithe,. of the:Project. . . be in addition to the basic engineering arid administrative fee and the engineering, legal and administrative costs outlined in Section 6 below. The cash deposit will be refunded to the owners one year after satisfactory completion of the extension and connection of the extension to the existing system, which completion shall be signified by Section 10 below. In the event of the owner's failure to comply, the District may exercise the right to irrevocably forfeit the total amount of the cash deposit as liquidated damages. The retention of such fund is in addition to and shall in no way limit the owners' liability regarding the project guarantee as stipulated m the remainder of the specification. 2. EgLmission to onstrlict Protect. The District shall permit the Owner to construct and install the Project 3. S d al s f Cons c h n. Construction and installation of the Project shall be strictly in accordance with standards, rules and regulations of the District as now in effect and as the same hereafter may be amended. 4. Sitbmissign of Schedule. Promptly after execution of this Agreement, the Owner shall submit to the District a schedule regarding construction of the Project During the period of construction and installation of the Project, the District shall submit monthly to the Owner a statement of charges for other services of the Engineers pursuant to this Agreement, which statement shall be equal to the statement submitted by the consultingginee r the D ct ursuan to the applicable fee arrangement for engineering s5rvIC • a � ing inee� S o �Ia1 a 50 u m thly itie 4w it ring Ipei lealr until th is Ag ment Ve pe tfocrn and the-Project haseb'eentconstructed andseonveyed eo,the District,-.a statement t ot charges for legal services, which statement shall be equal to the statement submitted to the District by its attorneys, pursuant to the applicable`retaii er iesolution`between the District and its attorneys, for all work performed by its attorneys in connection with the preparation and performance of this Agreement, including, but not limited to, participation in any perunent administrative or court proceedings to which the District may become a party N0. 1314 P. 56 20000301001693 MAY, 25. 2006 12:29AM No other property of the Owner in the vicinity of the Property shall be connected to the District's sewer system until a contract providing for the connection has been entered into with R, the District. u, 8. Commencement of the Project. In addition to any other requirements of this Agreement, and before construction of the Project is commenced, the Owner shall take the following action; (a) Obtain District approval of its contractor in accordance with the qualification requirements of applicable law and the District's Administrative Code (b) Obtain and file evidence acceptable to the District of a policy of comprehensive general liabihty msurance for the work being performed under this Agreement The pohcy provide minimum coverage of $1,000,000 for bodily, injury, including death, an'd 1 property dailiage`s' 'pe #oecurrence ark t The statement of charges shall include an amount equal to 15 percent of the charges of the Engineers and the Attorneys for the admuustrative cost to the District of handling such statement of charges and all out -of- pocket costs of the District attributable to this Agreement. The Owner shall pay any statement of charges within ten days of receipt. Statements not paid in full within ten days shall be deemed delinquent and shall accrue interest at the rate of 12 percent per annum from the date of delinquency. The District shall, have the nght to commence, appear in or defend any action or proceeding affecting the rights of the parties, and shall have the nght to pay necessary expenses, including the costs of engineering and legal services, subject to reimbursement by the Owner in the manner provided in this Agreement. 7. Connection Charges and Fees. Before issuance of a side sewer permit for connection of any Project sewer lines to the District's sewer system, the Owner shall pay all stub, trunkage, connection, latecomer and permit fees which may be due for the Project and the Property. The fees and charges shall be calculated m accordance with the number of actual and planned building units at the ume the Project is accepted by the District. The District shall be named as an additional insured under the policy, which shall be maintained in full force and effect during the period of construction and installation. NO. 1314 P. 51 qbtain I aEPhCabte peimitl tiN al t s •.-( itvm aget icies 'ofcitiesKrrig�Coun and�theaState of Washuigton (d) File with the District executed copies of any easements, in form acceptable to the District, obtained for property-located outside the boundanes of the Property but within the boundaries of the District, • (e) Give the District one week's written notice before commencing construction of the Project MAY. 25. 2006 12:29AM NO. 1314 P. 58 (f) If construction or installation of any part of the Project will occur in a public right -of -way under franchises or permits obtained by the District or for which the District is responsible, provide to the District a restoration performance bond executed by the Owner and a surety company acceptable to the District, substantially in the form of the restoration performance bond attached to this Agreement, in the sum of $10,000 or 50 percent of the estimated cost of that part of the Project to be construed or installed in the nght -of -way, whichever is greater The restoration performance bond shall be conditioned upon the Owner's (1) replacing, repairing and restoring the public nght- of-way in as good a condition as it was immediately before the right - of-way was entered upon for construction of the Project, and correcting and repairing any defects appeanng or developing m the materials or workmanship provided in such replacement, repair and restoration within a period of one year after the date of acceptance of the Project by the Distnct; and (2) indemnifying and holding harmless the District from any damage or expense by reason of the failure of such performance. 9. inspection The Owner shall permit the District and the Engineers to inspect the construction and installation of the Project, both visually before any pipe is covered and by test upon final completion, before connection is made to the District's sewer system. The Distnct and the Engineers shall have authonty to reject any construction and installation not conforming to the approved design of the Project and the requirements of this Agreement. The determination of the District and the Engineers shall be final. 10. Completion of the Project. Subject to any applicable state or local requirements, the Owner shall take the following action - to receive the following approvals before the Project is connected to the District's sewer system; (a) Obtain approval and acceptance of the construction and installation of the Project by the Distnct. (b) Pay for engineering and legal services and administrative, out -of- pocket and other applicable fees and charges, as provided herein. ` c Satisfy and release all li and encumbrances for labor, materials and taifes relating to "the .Projects � =::. . (d) Convey without cost to the Distract ten -foot easements and rights -of -way (five feet on each side of the sewer hnes), in form acceptable to the District, for all Project sewer lines, with the right of ingress and egress for maintenance, operation, repair and .. .; for Distn'c_t such in form, acceptab eto the District, as are found by the District to be necessary to gain access to the Project (f) By warranty bill of sale, substantially in the form of the Warranty Bill of Sale attached to this Agreement, convey the Project to the District free and clear of all hens or encumbrances The Owner's conveyance of the Project to the District shall be completed before the Owner sells or contracts to sell the Property or any portion thereof. MAY. 25. 2006 12:29AM NO. 1314 P. 59 (g) Upon request of the Distract, provide to the District a title report concerning any easement or right -of -way that will be conveyed to the District. (h) When the Project is accepted by the District, provide to the District a maintenance bond executed by the Owner and a surety company acceptable to the District, substantially in the form of the maintenance bond attached to this Agreement, in an amount prescribed by the District but not to exceed 50 percent of the cost of the Project The mamtenance bond shall be conditioned upon (1) repairing and correcting any defects appearing or developing in the materials or workmanship provided in the construction and installation of the Project within a period of one year after the date of acceptance of the Project by the District; and (2) indemnifying and holding harmless the District from any damages or expenses by reasdn of the failure of such performance, (i) Deliver to the District an onginal Mylar as -built set of plans for the Project, including all side sewer connections. (1) Deliver to the District two final copies of the plat of the Property. 11. District Authority; Delinquencies. The Owner shall be subject to all standards, rules and regulations of the llistrict as now in effect and as the same hereafter may be amended. In the event of delinquency in the payment of any rates, charges or assessments imposed by the District, the Owner shall be subject to the lien and foreclosure provisions of the laws of the State of Washington and the rules, regulations and resolutions of the District pertaining to property served by the District. 12. Indemnification. The Owner shall indemnify, defend and hold harmless the District, its officers, agents and employees harmless from all suits, claims or liabilities of any nature, including attorneys' fees, costs and expenses, for or on account of injuries or damages sustained by any persons or property resulting from the negligent (sole or concurrent) acts or omissions of the Owner, its agents or employees under this Agreement or in connection with c= work performed under this agreement.. If suit in respect to the above is filed, the Owner shall appear and defend the suit at its own cost and expense, and if judgment is rendered or sealaiiidtir aid°efe`c tiii rag' paymant ofe dif t ges • by-- the Diatrict, its officers, • agents or employees, the Owner shall pay the same. 13 Contractual Relationships; Assignment. This Agreement does not constitute the Owner as the agent or legal representative of the District for any purpose whatsoever The _Ow er It granted :�► ex pss emimpli ri ghtteor tauthargkt s.s ietor c> ea oh g lion orr respo`isi i .ty on lag took t a na of; thernfitnct: or lo bind tie District in any manner or thing whatsoever. The Owner shall not assign this Agreement without the prior wnitee of `the'Distfici ' ". • ` • • 14. Utilky Local Improvement Districts; Connection of Additional Property. If any utility local improvement district ( "ULID ") is proposed to pay all or a part of the cost of constructing sewers that serve or benefit all or a part of the Property, the Owner, its heirs, representatives, assigns and successors in utterest agree that they will sign any petition to form the MID and will not protest or object to the formation of the ULII) If the District MAY. 25.2006 12:29AM M (.J LSD � -/ constructs additional sewer lines and facilities within or serving the Property, nothing in this Agreement shall prevent the District from levying special assessments against any of the Property for the cost of the sewers and to the extent of the benefit therefrom. After conveyance to the District of the Project, additional property may be permitted to connect to it under such terms and conditions as the District in its sole discretion may determine. 15. Time of Essence; Termination for Nonpayment: Notice,. Time is of the essence of this Agreement. If any payment is not timely made by the Owner, this Agreement, or any performance related to the payment, may be terminated by the District at its option upon ten days' written notice to the Owner. All notices and payments shall be made at the following addresses, unless otherwise provided for in writing: Val Vue Sewer District 14816 Military Road South P O. Box 69550 Seattle, Washington 98168 /olf 2, 1I • /JMi j/e d'A(i )4<;, /‘, t k'A / ? 16. Delay in Completion. The Project shall be completed and accepted on or before . If the Project is not completed and accepted on or before that date, the Owner's rights under this Agreement shall cease and no sanitary sewer services shall be connected to the Project unless and until the District finds that the Project is substantially under way and the Owner executes a new agreement with the District or the District consents to a renewal of this Agreement. Any new agreement or renewal of this Agreement shall be subject to the resolutions, rules, regulations and policies of the Distract in effect at the time of such new agreement or renewal of this Agreement. ..17 .. Applicable Law• y Venue .'his: Agreement• shall be .construed and interpreted in • - accordatice witl`irt ►e laws of- tlie'State of Washington. The venue of airy action brought under this Agreement shall be in the Superior Court for King County. 18. Recordation: Binding Effect, This Agreement shall be recorded in the Records and Elections �� D ��-- ivision , King . Coin Washin ton, & sh I constitute an,.osement B anc., "es rem`° tsvwowns any alibe.pbirupon� e =p ,rep senta"ti"rres assigns and =successors in interest. The cost of such recording shall.be=paid.:by e� : .m w: .4P • . NO. 1314 P. 60 19. Attorneys' Feeg. If the Distract or the Owner commences any legal action relating to this Agreement, the prevailing party shall be entitled, m addition to all other amounts to which it is otherwise entitled by this Agreement, to its reasonable attorneys' fees and costs, including those incurred on appeal 0 MAY. 25. 2006 12:30AM �-� NO. 1314 P. 61 20. Amendments. The parties expressly reserve the right to modify this Agreement, from time to time, by mutual agreement. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties. 21. Remedies Cumulative Rights under this agreement are cumulative. The failure to exercise on any occasion any right shall not operate to forfeit the right on another occasion The use of one remedy shall not be taken to exclude or waive the nght to use another 22. invalidity of Particular Provisions. Should any term, provision, condition or other portion of this Agreement or the application thereof be held to be inoperative, invalid or unenforceable, the remainder of this Agreement or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. 23. No Waiver. No waiver of full performance by either party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants or conditions of this Agreement 24. 'revious Agreements Sup rucked. The terms and conditions of this Agreement supersede the terms, obligations and conditions of any existing or prior agreement between the parties regarding the subject, matter of this Agreement. . 25. Entire Agreement. This Agreement, including the attached exhibits, contains all of the covenants, promises, agreements, and conditions, either oral or written, between the parties. cr) 26. [Optional] Latecomer Reimbursement If any property within the area described in Exhibit B, attached hereto and by this reference made a part hereof, is connected to the Project within a period of seven years from the effective date of this Agreement, the owners of such property, prior to making such connection, shall pay to the District a pro rata share • the costs P. eject thout adjuuhteit. for •or accrual of interest Within sixty days after 'receipt, the District: shall reimburse such • payments to the Owner, its assigns, or successors in interest. The costs of the Project shall be the total of the costs listed on the warranty bill of sale for the Project. Pnor to submission of the warranty bill of sale, the Owner shall provide to the Distract a summary of the costs of the Project, together with copies is_esand,docurnetatszten ing _such . costs The ount,dif ireimbursement • �n �P.- 0 � ._.. j..�0 �; �'' �� aF , � _ e� .� • • ti• .� . -7: .- at'.r. x ;f11;.? �tr•r.i- f 'iii [ . . - • MAY. 25. 2006 12:30AM \ LEGAL DESCRIPTION PARCEL A THE NORTH 132 5 FEET OF TRACT 45 RIVERSIDE 1NTERUR0AN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS PAGEISI 74 IN KING COUNTY WASHINGTON EXCEPT THE WEST 200 FEET THEREOF AND EXCEPT THAT PORTION THEREOF CONOENNED FOR STATE HIGHWAY UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 047372 TOGETHER W11H ALL Or VACATED SOUTH 125TH STREET ADJOINING AND PARCEL B LOT 5 BLOCK ] SQUIRE S REPLAT OF PART OF TRACT 33 RIVERSIDE INTERURBAN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS PAGE(5) 100 IN KING COUNTY NASHINGTDN TOGETHER WITH ALL OF VACATED SOUTH 126TH STREET AND 40TH AVENUE SOUTH ADJOINING PARCEL C LOT 6 BLOCK 1, SQUIRE S REPLAT OF PART OF TRACT.33 RIVERSIDE INTERURBAN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS PAGEIS) 100 IN KING COUNTY WASHINGTON TOGETHER WITH ALL OF VACATED SOUTH 1261H STREET AND ADTH AVENUE SOUTH ADJOINING ANO O. 1314 P. 62 PARCEL D LOTS 7 BLOCK 1 SQUIRE S REPLAT OF PART OF TRACT 39 RIVERSIDE INTERURBAN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS. PAGE(S1 100 IN KING COUNTY WASHINGTON cr) TOGETHER WITH ALL OF VACATED SOUTH 125TH STREET ADJOINING AND Q Lo PARCEL E LOT B 6LOCK I SQUIRE 5 REPLAT OF PART OF TRACT 33 RIVERSIDE INTERURBAN TRACTS ACCORDING TO Ca THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS PAGEIS) 100 IN KING COUNTY NASHINGTDN TOGETHER WITH ALL DF VACATED SOUTH 126TH STREET ADJOINING AND PARCEL F U LOT 9 SQUIRE 5 REPLAT of PART OF JRACT-33. RIVERSIDE INTERURBAN TRACTS_, TO • - THE P1 ;�T •THEREDFRECORDEDOIN-�YOLUME a201.0FA7a'.PAGE ISI' 100 "IN KING; COUNTY =: WASHINGTON EXCEPT THAT PORTION •CONDEMNED FORSTATE=HIGAMAY UNDER SUPERIOR COURT CAUSE NUMBER 646939 TOGETHER WITH ALL OF VACATED SOUTH 126TH STREET - ADJOINING ° PARCEL 6 LOTS 10 SQUIRE 5 REPLAT of PART OF TRACT 33. RIVERSIDE INTERURBAN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS PAGEIS) 100 IN KING COUNTY WASHINGTON EXCEPT THAT PORTION CONDEMNED FOR STATE HIGMKAY UNDER SUPERIOR COURT CAUSE NUMBER 615939 TOGETHER WITH ALL OF VACATED SOUTH 126TH SIREE ADJOINING • . AO-- °^ " M ST FBE NOR 132 FEET OF 45 Ri ERSIDE 1NTEAUaBAN'TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 30 OF PLATS PAGEIS) 74 IN ' KING COUNTY WASHINGTON , ZoGEJHERta1THAittOF, V�B ATEO ti50UTNtr25.TtrisiAEE7AD202N7aG VAAND I< == + :" -• • - -s -t . MAY. 25. 2006 12:30AM The duty of the Distnct to reimburse the Owner for sums paid by the owners of such property shall be conditioned upon the Owner's, or its assigns and successors in interest, notifying the Distnct of any changes in name and address of the Owner or its assigns and successors in interest V - /L tr6 By It / �( 2C1,1..-: i 7 - • yg . STATE OF WASHINGTON ) COUNTY OF KING ) 4 0 enESN 4 pia'. ss. VAL'VUE SEWER DISTRICT hairman By • Secre /Com issi /Vice Chairman /Commissioner • / • I certify that I know or have satisfactory evidence that person who appeared before me, aj d said person acknowledged that instrument, on oath stated that _ was authorized to execute acknowledged it as the , (1 i re , Ply of 1 f grafi, 4.y - _— Yoluntary,act,of snc wrporatlon for the ascs,and.purposes. mentioned in • . • . Dated t N0. 1314 P. 63 /,4_4 ner ner I ) �►-is the signed this the instrument and to be the free and the instrument / a 4 tom` "-- -y--� ublics «� � .,�, • �:-, :°':g'= :3- ' � : - - :.. . ' Narary P d forth$ ?S te:of ►►ashington realms at My Appointment Expires / C / L vc.. � ; MAY. 25. 2006 12:30AM STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that -r a.S L SIne,pn is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chairman of The Board of Sewer Commissioners of Val Vue Sewer District to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. will I nth w • o Nor 13'.1)11. 9 .l A b u ss j r ' • C 'A SH V ''' STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING Dated 2 NO. 1314 P. 64 Notary Public in and for the State of Washington, residing at SexcbtLe My Appointment Expires I certify that I know or have satisfactory evidence that VI iPIVie,t is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Secretary and Commissioner of The Board of Sewer Commissioners of Val Vue Sewer District to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. ,a .��'''�um .h s n a— - ? ' • . � ' a`s i ' 'r S S A . ; - 1 � r d' C �i t _ • - 5, feu C N; E Dated ASAS M. pporntment . Expires -4 CT" cn co Cr) ' MAY. 25. 2006 12:30AM NO. 1314 P. 65 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I c e r t i f y t h a t I know or h a v e s a n s f a c t o r y evidence that "5 e Co I ell o is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a Commissioner on The Board of Sewer Commissioners of Val Vue Sewer Distnct to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. ���� rr fo° No P08, Z ° 1' 61 ,- ) %1P1 1 9 S °4 HOV ■ -CV .c. .. .. a :qty . k ■ .+r - q -'v-h- Dated 2 - / S' - ZcDU Notary Public 'n and f r the State of Washington residing at --a My Appointment Expires I - - - _Yn • +' 113.405uVLAIEEZ-$• 'k@.' - !$'t, a. -- s