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HomeMy WebLinkAbout2012 - Developer Extension Agreement - Valley View Sewer District / Landfair - 20120627002207Recording Requested By and When Recorded Mail To: Valley View Sewer District PO Box 69550 Seattle, WA 98168 111 11111101111 • 20120627002207 VALLEY VIEW SE AG 73.00 PAGE -001 OF 012 08/27/2012 15:15 KING COUNTY, UA 1 i Document Title(s) (or transactions contained therein): 1. Developer Extension Agreement 2. 3. . 4. Reference Number(s) of Documents assigned or released: (on page of document(s)) Grantor(s) (Last name first, then first name and initials) 1. Valley View Sewer District 2. 3. 4. • 5. 0 Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 1. Landfair, LLC 2. 3. 4. 5. 0 Additional names on page of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PORTION OF SW 1/4 OF SW 1/4 BEGIN NE CORNER TH WLY 855 FT TH SLY 810 FT M/L TO NLY MARGIN OF 33RD AVE SOUTH AND POINT OF BEGINNING TH NLY 340 FT TH WLY 290 FT, abbrev. 0 Additional legal is on of document. Assessors's Property Tax Parcel/Account Number: 152304-9071 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. • • VALLEY VIEW SEWER DISTRICT DEVELOPER EXTENSION AGREEMENT THIS AGREEMENT is to be effective as of the /r day of 5105. , 20 a by and between 11, Jbp. `e , t.LC..- (the "Owner") and VALLEY VIEW SEWER DISTRICT, a municipal corporation of the State of Washington (the "District"). RECITALS A. The Board of Sewer Commissioners of the District operates a system of sewerage for collection and treatment of sanitary sewerage in a portion of the District. B. The Owner owns certain property legally described in Exhibit A, attached hereto and by the reference made a part here of (the "Property"), which is located at /y8 0— 33'-12 Aves. Tries Ap- i,tia 9CfiiS8 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 may- A Aiek. *X. (w/g y) l ocarbb oil) 34'l P6. s, Novraw• s'r or P%o ary D. The construction of an internal system of sewerage for the collection of sanitary sewerage 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 generally of furnishing and constructing AiAom4 e 020_8 LF P'A sanitary sewer lines and all appurtenances necessary to comprise a complete system ready for operation (the "Project"). 11 • • TERM AND CONDITIONS IN CONSIDERATION of the mutual promises and performances provided herein, the parties hereto for themselves, their assigns and successors in interest, agree as follows: 1. Cash Deposit. 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 be in addition to the basic engineering and 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 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 funds is in addition to .and shall in no way limit the owner's liability regarding the project guarantee as stipulated in the remainder of the specification. 2. Permission to Construction Project. The District shall permit the Owner to constrict and install the Project. 3. Standards of Construction. 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. Submission of Schedule. Promptly after execution of this Agreement, the Owner shall submit to the District a schedule regarding construction of the Project. 5. Preparation and Review of Plans and Specifications. To insure that the Project is designed to the satisfaction of the District 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. 12 • • 6. Engineering. Legal and Administrative Costs. The Owner has paid to the District a non-refundable Basic Engineering and Administrative fee for review of the application for developer extension and initial services of the District and its consulting engineers to determine the feasibility 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 Consulting engineers to the District Pursuant to the applicable fee arrangement for engineering services between the District and the consulting engineers. The District shall also submit monthly to the Owner during such period and until this Agreement has been fully performed and the Project has been constructed and conveyed to the District, a statement of charges for legal service, which statement shall be equal to the statement submitted to the District by its attorneys, pursuant to the applicable retainer resolution between the District and its attomeys, for all work performed by its attomeys in connection with the preparation and performance of this Agreement, including, but not limited to, participation in any pertinent administrative or court proceedings to which the District may become a party. The Statement of charges shall include an amount equal to 15 percent of the charges of the Engineers and the Attorneys for the administrative cost to the District of handling such statement of charges and all out-of-pocket costs of the District attributable to. the 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 right to commence, appear in or defend any action or proceeding affecting the rights of the parties, and shall have the right 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 in accordance with the number of actual and planned building unit at the time the Project is accepted by the District. 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 the District. 13 • • 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 thefollowing action: (a) Obtain District approval of it 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 liability insurance for the work being performed under this Agreement. The policy must provide minimum coverage of $1,000,000 for bodily injury, including death, and property damages per occurrence. The District shall be named as an addition insured under the policy maintained in full force and effective during the period of construction and installation. (c) Obtain or cause to be obtained all applicable permits and approvals at Owner's expense for agencies of cities, King County and the State of. Washington. (d) File with the District executed copies of any easements, in any form acceptable to the district, obtained for property located outside the boundaries 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. (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 510,000 or fifty percent (50%) of the estimated cost of that part of the project to be constructed or installed in the right-of-way, whichever is greater. The restoration performance bond shall be conditioned upon the Owner's (1) replacing, repairing and restoring the public right-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 appearing or developing in 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 district; and (2) indemnifying and holding harmless the District from any damage or expense by reason of the failure of such performance. 14 • • 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 District and the Engineers shall have authority to reject any construction and installation not conforming to the approved design of the Project and the requirements of this Agreement. The District and the Engineers further shall have authority to reject any construction and installation that conforms to the approved design of the Project, but does not function properly, in the opinion of the District and the Engineers. An example of improper functioning is back-up of sewer in the line due to inadequate slope of the line. 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 District. (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 liens and encumbrances for labor, materials and taxes relating to the Project. (d) Convey without cost to the District ten -foot easements and rights-of— way (five feet on each site of sewer lines), in form acceptable to the District, for all Project sewer lines, with the right of ingress and egress for maintenance, operation, repair and replacement. (e) Obtain for the District such other easements, in form acceptable to 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 liens 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. (g) Upon request of the District, provide to the District a title report concerning any easement of 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 15 (i) • • 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 maintenance 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 by the District: (2) repairing and correcting ay improper functioning or condition caused by or occurring within the Project, even though the project was constructed and installed in accordance with the approved plans, specifications and drawings of the Project, within a period of one year after the date of acceptance of the Project by the District; and (3) indemnifying and holding harmless the District from any damages or expenses by reason of the failure of such performance. Deliver to the District an original Mylar as -built set of plans for the Project, including all side sewer connections. (j) 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 District 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 form negligent (sole or concurrent) acts or omissions of the Owner, its agents or employees under this Agreement or in connection with work performed under this agreement. If suits 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 settlement made requiring payment of damages by the District, its officers, agents or employees, the Owner shall pay the same. . 13. Contractual Relationship; Assignment. This Agreement does not constitute the Owner as the agent or legal representative of the District for any purpose whatsoever. The Owner is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the District or to bind the District in any manner or thing whatsoever. The Owner shall not assign this Agreement without the prior written consent of the District. 14. Utility Local Improvement Districts: Connection of Additional Property. If any utility local improvement district ("ULID") is proposed to pay all or a part of the coast of constructing sewers that serve or benefit all or a part of the 16 • • Property, the Owner, its heirs, representatives, assigns and successors in interest agree that they will sign any petition to form the ULID and will not protest or object tot eh formation of the ULID. If the District 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 the extent of the benefit there from. After conveyance to the District of the Project, additional property may be permitted to connect to it under such terms and condition as the District in its sole discretion may determine. 15. Time of Essence; Termination for Nonpayment: Notices. 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: VALLEY VIEW Sewer District 14816 Military Rd S PO Box 69550 Seattle, WA 98168-9550 16. Delay in Completion. The Project shall be completed and accepted on or before .z"t,tNe 20i2.. . If the Projects is not completed and accepted on or before that date, the Owner's rights under this Agreement shall cease and no sanitary sewer service 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 District in effect at the time of such new agreement or renewal of this Agreement. 17. No Third Person Shall Have Any Rights Hereunder. This Agreement is made only for the benefit of the District and the Developer and successors in interest and no third person or party shall have any rights hereunder whether by agency or third -party beneficiary or otherwise. 18. Applicable Law: Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The Venue of any action brought under this Agreement shall be in the Superior Court for King County. 19. Recordation: Binding Effect. This Agreement shall be recorded in the Records and Elections Division, King County, Washington, and shall constitute an easement and servitude upon the Property, which the Owner warrants it now owns and shall be binding upon the parties, their heirs, representatives, assigns and successors in interest. The cost of such recording shall be paid by the Owner. 17 • 20. Attorneys' Fees. If the District or the Owner commences any legal action relating to this Agreement, the prevailing party shall be entitled, in 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. 21. 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. 22. 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 right to use another. 23. 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 enforceable, 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 there by and shall continue in full force and effect. 24. 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. 25. Previous Agreements Superseded. 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. 26. Entire Agreement. This Agreement, including the attached exhibits, contains all of the covenants, promises, agreements, and conditions, either oral or written, between the parties. 27. [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 to a pro rata share of the costs of the Project, without adjustment for inflation or accrual of interest. The costs of the Projects shall be the total of the costs listed on the warranty bill of sale for the Project. Prior to submission of the warranty bill of sale, the Owner shall provide to the District a summary of the costs of the Project, together with copies of invoices and documents verifying such costs. The amount of reimbursement for any connection shall be computed as follows: 18 Within sixty days after receipt, the District shall pay such reimbursements to the Owner, its assigns, or successors in interest ("Owner'or assigns"). The duty of the District to pay such reimbursements to the Owner or assigns shall be conditioned upon the Owner or assigns notifying the District, on or before every two-year anniversary of the date of this Agreement, of the current name, street address, telephone number and email address of the Owner or assigns. If the Owner or assigns fail to comply with this notification requirement within sixty days of the applicable anniversary date, then the District may retain any such reimbursements made thereafter to the District. Upon receipt of a reimbursement, the District shall send a notice to the Owner or assigns, at the last reported name and street address, stating that the District shall retain such reimbursement unless the Owner or assigns claims the reimbursement by written response to the District within thirty days of the date of the notice. The written response shall resume the requirement to provide the notice to the District on or before every two-year anniversary date of this Agreement. C, o ta4AA6Mt� VALLEY VIEW SEWER DISTRICT By: By: Its Chairman STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Cao Van 14,1017 Is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that iC was authorized to execute the instrument and acknowledged it as the G-efri err.' IYlctnet ge' of fo.11ey View Sctav EX4, * be the free and voluntary act of such DD corporation for the uses and purposes mentioned in the instrument. By: Secretary Commissioner V By: Vice C mmissioner Notary Public State of Washington DANIEL JAE LEE My Appointment Expires Feb 28.2013 19 Dated Notary Public in and for the State of Washington, residing at `Tv cu j It , L4.. My Appointment Expires • • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that • 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 VALLEY VIEW Sewer District to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington, residing at My Appointment Expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that �YI;���►�I �. f Is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated th t he was authorized to execute the instrument and acknowledged it as the-CChairman of The Board of Sewer Commissioners of VALLEY VIEW Sewer District to be the free and voluntary act of such parties for,,ttlalogs and purposes mentioned in the instrument. F ''► �,Mt •ESa:�ss� 111;11" �O. •sz% ' bIto •-s O''h,'- 411 HIN1/41 a 20 Dated Notary Pub is in and for the State of Washington, residing at My Appointment Expires • STATE OF WASHINGTON ) • ) ss. COUNTY OF KING ) certify that I know or have satisfactory evidence that o►, Is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated thatheauthorized to execute the instrument and acknowledged it as the e f The Board of Sewer Commissioners of VALLEY VIEW.Sewer District to be e free and voluntary act of such parties for the uses and purposes entioned ' he instrument. Dated (o J a 2ola 21 U Notary P ' : 'c in and for the Slate of Washington, residing at Ce. My Appointment Expires -36,31214