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Recorded Sewer Latecomereturn Address City of Yelm Tami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Latecomer Agreement Sewer Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Wal-Mart Real Estate Business Trust 2. Keith, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portions of Section 20, Township 17N, Range 2E, and Section 29, Township 17N, Ran e 2E Assessor's Property Tax Parcel/Account Number: 64303600300,51540302300,51540202200,51540202100,51540202000,51540201900, 51540201800,51540201700,51540201600,51540201500;51540201400,51540201300, 51540201200,51540302800,51540302700,64303600205,64303600204,64303600203, 64303600201, 51540000700, 64300100501, 64300100400, 64300100401, 64300100302, 64300100700,85830001900,85830002000,85830002100,85830002200,85830002300, 64303400301,64303400300,64303400600,64303101400,64303100701,64303100700, 64303100801,64303100800,64303100900,64303101001,64303200200,64303200300, 64303200400, 64303200500, 64300100401, 64300100302, 64300100700, 85830001900, 85830002000, 85830002100, 85830002200, 85830002300, .64303400301, 64303400300, 64303400600,64303101400,64303100701,64303100700,64303100801,64303100800, 64303100900,64303101001,64303200200,64303200300,64303200400,64303200500 3941831 Page 1 of 9 p7111/2007 09:33 AM Rgreement CITYsOFnYELMntY Washington I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII IIIIIII III VIII IIII IIII WAL-MART STORE #3705-00 LATECOMERS AGREEMENT Yelm, Washington SEWER THIS AGREEMENT is made the ~ ~ ZCb`7 ,between the City of Yelm, a municipal corporation, hereinafter referred to as t e "City" and Wal-Mart Real Estate Business Trust, its successors and assigns, hereinafter referred to as the"Developer"; WHEREAS, the Developer has constructed at its own cost and expense certain municipal SEWER system improvements (hereinafter referred to as "facilities") that are described in Exhibit B to this Agreement; and within the benefit area also described in said Exhibit B; and WHEREAS, those facilities have been constructed in accordance with the standards of the City of Yelm and plans on,file„in the office of the Community Development ..,. Department for the City of Yelm; ah~d' ` WHEREAS, the City and Developer desire to enter into a contract pursuant to the authority granted by Chapter 35.91 RCW and Chapter 13.12 YMC, whereby provisions are made for the reimbursement of the Developer and its assigns by any owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap or use the same of a fair pro rata share of the cost of construction of such facilities; and WHEREAS, the Developer has prepared the following exhibits which are attached to this Agreement or filed with the Community Development Department and described in this Agreement: Exhibit A, consisting of: Ordinance 1Vo. ~70 ,City of Yelm Exhibit B, consisting of: A listing of eligible costs attributed to the facilities; The basis (formula) for distribution of that cost among all properties which benefit or may benefit by said facilities; A listing of each property, including the Assessor's parcel number, ownership, description, pertinent dimensions and other data used in the calculation of the fee; and The latecomer fee for that property. 3941831 Page 2 of 9 07/11!2007 09:33 AM Agreement Thurston County Washington CITY OF YELM WHEREAS, the Developer has offered and the City is willing to accept said facilities as part of the City's SEWER system and, in return,. collect from future users of said facilities their pro rata share of the cost of said facilities to be reimbursed to the Developer, and WHEREAS, the Yelm City Council has held a hearing and adopted an Ordinance as required by Sections13.12.020 and 030 YMC authorizing the Mayor of Yelm to execute this Agreement; NOW, THEREFORE, the parties hereby agree as follows: 1. The City shall accept ownership of said facilities and the Developer shall execute any documents necessary to place complete ownership of said facilities in the City. From the time of acceptance by the City, the facilities shall belong to the City and the City shall be responsible for their maintenance and operation and shall be entitled to all revenues derived from the use of said facilities. 2. For a period of fifteen (15) years from the date of final City Council approval of the project, that date being ~'~t~~ (~ ~ ~b7 ,the City shall collect from the owners of properties outlined on Exhibit B and listed on Exhibit B, prior to allowing the use by said properties of said facilities as shown on Exhibit B, the fair pro rata share of the cost of the facilities together with interest as provided in paragraph 3 and shall pay said sums to the Developer after deducting ten percent (10%) of the collected reimbursed amount as a fee for administering the terms of this Agreement: PROVIDED, however, that if a court of competent jurisdiction determines that the City lacks the legal ability to collect any portion of said costs or fees or interest thereon, the City shall have no independent liability to the Owner for such sums. This Agreement, including Exhibits A and B, having been approved by the Developer, and having been approved by Ordinance and signed by the Mayor pursuant to Chapter 13.12 YMC, shall be recorded with the Thurston County Auditor at the expense of the Owner, in accordance with YMC 13.12.040. 3. The Developer shall be entitled to interest reimbursement on compliance with the following terms: PROVIDED, that the aggregate amount of interest shall not exceed the equitable share of the cost of the system allocated to the property owners. A. The maximum term for calculation of the interest shall be ten (10) years, though payment shall be made over fifteen (15) years. B. Interest shall be paid on the latecomer's fee calculated as shown in Exhibit B in accordance with the following formula: 1=C*iT/12 I =Total interest charge 3941831 Page 3 of 9 07/11!2007 09:33 RM Rgreement Thurston County Washington CITY OF YELM C =Latecomers cost i =Interest rate (6.50%) T =Time in months since project was accepted to date of each latecomer's hookup (up to but not exceeding 120 months) Reimbursement shall be collected by the City of Yelm from those tapping or using said facilities as provided in the previous paragraph and in accordance with Exhibit B. 4. Effective Date. This agreement shall be effective as of the (o~'~Aal o~S tn~ , 7.On`~ ,and latecomer fees shall be collected hereunder for all projects and/or properties approved for hookup to or through subject facilities as provided for herein, for a period of fifteen (15) years from Su 1~ lp , a1X~~7 In the event that the Developer assigns any interest in the Agreement, the Developer shall deliver a timely written notice of the assignment to the City. All payments made by the City under this Agreement shall be sent to the Developer at the following address: Steve Keith Wal-Mart Stores Real Estate Business Trust 2001 S.E. 10th Street Bentonville, AR 72716-0550 Or to such other address or assignee as the Developer may specify by written notice to the City. The City shall not be bound to make any payment to Owner or assignee at any other address or payable directly to any assignee unless the required notice has been received by the City at least ten (10) days before the payment is due. The City shall not be bound to divide any payment between the Owner and any other person or between any payees. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. City of Yel Wal-Mart Real Estate Business Trust By: By: Ron Har n_ , YOR ER ATTEST: i~ ~ . CITY C1~ERK 3941831 Page 4 of 9 07/11/2007 09:33 RM Agreement Thurston County Washington CITY OF YELM IIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII (IIII IIVIII III VIII IIII IIII STATE OF WASHINGTON COUNTY OF THURSTON ss On this ~,~~Y~C day of L/^ , 20~, before me personally appeared Ron Harding, to me known to be the Mayor of Yelm, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute said instrument. ~''~~~` a S''~~lfITNESS WHEROF I have hereunto set my hand and affixed my official ~~~ . ~ • •~ o ~ s#.t~e day and year first above written. -.• ~, ° p~ ©~~c ~ ~ ~ ;~ ~ N ry Public in and for the St of Washington, a_ r•; '~~ ®`L'@}~~~v =.`m~ residing in %~ti~~Y! ~~ °F .wMS~.;•~''~ , ~ My commission expires ~~ ,,: STATE OF 1~ ) COUNTY OF ) On this day personally appeared before me ~~/~~ ~G~ Z, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official-s I. ~Z day of , 2007. l ~~ ary P lic in and for the NOTARY PUBLIC ~~~ _. Benron County, A~lcansas , M Co~1 Nu~ 12018 ~~ residing in My commission expires ~~~3 oZD/~. Approve as to form.. By: City Attorney 3941831 Page 5 of 9 agreement 07!1112@07 09:33 RM CITYsOFnYELMntY Washington 11111111 I I 1111111 I I I I111111 I I I 11111111111111 I I I I I I I I I I I I 11111111 I I I I I I I I I I I I I I I I Actual Construction Cost Actual Engineering Cost Surveying Subtotal Administrative Fee Total Costs Total Area Total Frontage Interest Rate Term $ 386,500.00 $ 45,000.00 $ 10,000.00 $ 441,500.00 $ 44,150.00 $ 485,650.00 6,238,850 12,779 8 10 Wal-Mart Latecomers Exhibit B Agreement ron age rea ron age ID Tax Parcel # Ownefs Name Mailing Address Area s>1 ~1f) Assessment Assessment Total 1 64303600300 School District #2 P.O. Box 476 1,013,206 740 $ 39,435.43 $ 14,061.39 $ 53,496.82 2 51540302300 Guerin 20208 Neat RD SE 35,719 110 $ 1,390.23 $ 2,090.21 $ 3,480.44 3 51540202200 Matheson P.O. Box 1726 10,890 75 $ 423.85 $ 1,425.14 $ 1,849.00 4 51540202100 Koch 16643 100th Way SE 10,019 80 $ 389.95 $ 1,520.15 $ 1,910.10 5 51540202000 Palachuck 16649 100th Way SE 10,019 85 $ 389.95 $ 1,615.16 $ 2,005.11 6 51540201900 Batchelor 16707 100th Way Se 10,019 85 $ 389.95 $ 1,615.16 $ 2,005.11 7 51540201800 Payne 10035 Grove RD SE 9,583 200 $ 372.98 $ 3,800.38 $ 4,173.36 8 51540201700 Renda 3619 Bittersweet St SE 10,890 90 $ 423.85 $ 1,710.17 $ 2,134.02 9 51540201600 Renda 3619 Bittersweet St SE 9,583 80 $ 372.98 $ 1,520.15 $ 1,893.13 10 51540201500 Gazay 10105 Grove RD SE 9,583 80 $ 372.98 $ 1,520.15 $ 1,893.13 11 51540201400 Hunter 10111 Grove RD SE 9,583 80 $ 372.98 $ 1,520.15 $ 1,893.13 12 51540201300 Reed 10117 Grove RD SE 9,583 80 $ 372.98 $ 1,520.15 $ 1,893.13 13 51540201200 Glass 590 Calle La Roda # 150 9,583 80 $ 372.98 $ 1,520.15 $ 1,893.13 14 51540302800 Mauck 10141 Grove RD SE 9,583 80 $ 372.98 $ 1,520.15 $ 1,893.13 15 51540302700 Jolin 10143 Grove RD SE 218,236 230 $ 8,494.06 $ 4,370.43 $ 12,864.49 16 64303600205 Hepburn 10215 Grove RD SE 19,166 80 $ 745.97 $ 1,520.15 $ 2,266.12 ~~~w 17 64303600204 Huizar 1573295th CRT SE 19,166 80 $ 745.97 $ 1,520.15 $ 2,266.12 ~~ ~ ~ 18 64303600203 Morrison 10219 Grove RD SE 18,295 80 $ 712.07 $ 1,520.15 $ 2,232.22 w ~ ~ 19 64303600201 Bangs P.O. Box 1080 23,522 100 $ 915.51 $ 1,900.19 $ 2,815.70 °1o N OD 20 51540000700 Jewell P.O. Box 245 17,424 160 $ 678.17 $ 3,040.30 $ 3,718.47 ~ o G1 ~ ~ 21 64300100501 Maag 10022 Grove RD SE 218,762 453 $ 8,514.53 $ 8,607.85 $ 17,122.38 o 22 64300100400 Wood 2231 Mayes RD SE 43,560 45 $ 1,695.42 $ 855.08 $ 2,550.50 3c a 23 64300100401 Wood 2231 Mayes RD SE 200,376 100 $ 7,798.92 $ 1,900.19 $ 9,699.11 ~~ 24 64300100302 Pidcock 10136 Grove RD SE 198,198 60 $ 7,714.15 $ 1,140.11 $ 8,854.26 '< w 25 64300100700 Ivey 10230 Grove RD SE 700,445 760 $ 27,262.33 $ 14,441.43 $ 41 703.75 ~ 26 85830001900 Davies 10309 Grove RD SE 14,810 110 $ 576.43 $ 2,090.21 $ , 2,666.63 D y 3 27 85830002000 Fermon 10321 Grove RD SE 12,197 95 $ 474.72 $ 1,805.18 $ 2,279.90 28 85830002100 Roberts P.O. Box 1884 12,197 95 $ 474.72 $ 1,805.18 $ 2,279.90 ~ 29 85830002200 Aleksunas 27060 N US Highway 101 12,197 95 $ 474.72 $ 1,805.18 $ 2,279.90 30 85830002300 Jones 10343 Grove RD SE 14,375 80 $ 559.50 $ 1,520.15 $ 2,079.65 ~ 7 31 64303400301 McGee P.O. Box 14094 50,094 245 $ 1,949.73 $ 4,655.46 $ 6,605.19 n 32 64303400300 Franczyk P.O. Box 682 251,341 510 $ 9,782.55 $ 9,690.96 $ 19 473.51 m ~ 33 64303400600 County Storage 10535 Grove RD SE 217,800 700 $ 8,477.09 $ 13,301.31 $ , 21,778.40 ~ 34 64303101400 Nisqually Val Vets Bldg Assc P.O. Box 68 111,078 460 $ 4,323.32 $ 8,740.86 $ 13,064.18 ~ N 35 64303100701 Nolte P.O. Box 2669 53,143 190 $ 2,068.40 $ 3,610.36 $ 5,678.76 7 36 64303100700 Baker 390 4th Ave SE 114.998 315 $ 4,475.89 $ 5,985.59 $ 10,461.48 37 64303100801 Crossroads at Yelm, LLC. 1D502 SE Grove Rd 283,14D 777 $ 11,020.22 $ 14,764.46 $ 25,784,67 Prepaid ~ 38 6430310D800 Crossroads al Yelm, LLC. 16910 HWY 507 SE 104,544 d46 $ 4,069.00 $ 8,474.84 $ 12,543.84 Prepaid ~ 39 64303100900 Crossroads at Yelm, LLC. 16930 H1M1'Y 507 SE 374,180 1296 $ 14,563.62 $ 24,626.43 $ 39,190.06 Prepaid ~ 40 64303101001 Wal-Mart Real Estate Business Tr 17020 State HWY 507 SE 736164 1720 $ 28,652.55 $ 32,683.23 $ 61,335.79 Prepaid 41 64303200200 Herbert 2309 7th AVE 388,555 510 $ 15,123.12 $ 9,690.96 $ 24,814.08 ~ 42 64303200300 Destiny Farms Inc P.O. Box 599 406,415 540 $ 15,818.26 $ 10,261.01 $ 26,079.27 p 43 64303200400 Virgil R & Darlene E Baker Living P.O. Box 727 232,610 500 $ 9,053.52 $ 9,500.94 $ 18,554.45 ~ 44 64303200500 Virgil R & Darlene E Baker Living P.O. Box 727 4,019 2 $ 156.43 $ 38.00 $ 194.43 ~ Totals 6238850 12779 $ 485,650.00 ~i~i~0w J J <~ -+ ~ ~ ~F+ Q'+ ~ ~ION~ ooW < 0 ~.a R1c7 J ro 3C 0 7 l0 ~G W W d D ~+ 3 J 7 O 7 a m 0 _ ~I CITY OF YELM, WASHINGTON ORDINANCE NO. 870 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to S.T.E.P sewer system improvements in 100th Avenue, Grove Road, and a portion of SR 507. WHEREAS, Wal-Mart Real Estate Business Trust has constructed at their .own cost and expense certain municipal sewer system improvements (hereinafter called "facilities") in 100th Avenue; Grove Road, and a portion of SR 507; and WHEREAS; those improvements are described in a proposed latecomer agreement and particularly in Exhibit B attached to the agreement; and each are ..within the benefit area described in Exhibit B to each agreement' and WHEREAS, those facilities have been constructed to meet all standards of the City of Yelm as determined by the Director of the Public Works Department ("Director"); and WHEREAS, the parties desire to enter into a latecomer agreement for those facilities pursuant to the authority granted by Chapter 35..91 RCW and Chapter 13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the reimbursement to the owners and their assigns by any. owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap into or use the same, of a fair pro rata share of the cost of construction of such facilities including an interest factor as provided therein; and WHEREAS, the Director has determined that the facilities and proposed latecomer agreement each meet all applicable requirements and standards of the City of Ylem including but not limited to the requirements of such contracts in Chapter 13.12 YMC; and WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that the Yelm City Council approve the proposed latecomer agreement, a copy of which is attached to this ordinance; and WHEREAS, pursuant to a hearing held before the Yelm City Council on May 22, 2007 as required by Chapter 13.12 YMC, the Council finds that the attached proposed latecomer agreement would be a benefit to the City of Yelm and its citizens, and complies with the requirements of Chapter 13.12 YMC; Wal-Mart Swr Latecomers Page 1 of 2 3941831 - --- _-` 9 07!11/2007 09:33 RM Rgreement Pa e 8 of 9 ~ Thurston County Washington ~ CITY OF YELM ~ I ~~~~~II I~~ ~~~~~I III ~I~I~~ I~~I ~I~III~ ~~~I~I ~~II IIII ~~~~~ ~~~~~~~ I~~ I~~~~ ~~~I ~~I~ f NOW, THEREFORE, the City Council of the City of Yelm HEREBY ORDAINS AS FOLLOWS: 1. The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Wal-Mart Store #3705-00 Latecomers Agreement Sewer, attached to this ordinance, and DIRECTS that the agreement be filed for record with the Thurston County Auditor as required by Section 13.12.040 YMC within thirty (30) days following its execution. 2. Effective Date: This ordinance shall take effect five days after its publication as provided. by law. PASSED by the City Council of Yelm this 22"d day of May 2007. Ron Ha ing, Mayor AUTHENTICATED: ~~~ ~ ~~ nine A. Schnepf, City Clerk PUBLISHED: Nisqually Valley News, June 1, 2007 EFFECTIVE: June 6, 2007 Wal-Mart Swr Latecomers Page 2 of 2 ~ 3941831 Page 9 of 9 i 07/11/2007 09:33 AM Rgreement Thurston County Washington I CITY OF YELM ~ I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII IIIIIII III VIII IIII IIII -~