20050091 Walmart Sewer Latecomers 07112007NOW, 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 22nd 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
Q7lii12007 09:33 RM Agreement
Thurston County Washington
CITY OF YEL~1
IIIIIIIIIIIIIIIIIIIII11111~Illslllllllllllll IIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII
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 104t~' Avenue, Grove Road, and a portion
of SR 507.
WHEREAS, Wal-Mart Real Estate Business Trust has constructed at their awn
cost and expense certain municipal sewer system improvements (hereinafter
called "facilities") in 100tr' 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
3941$31 Page 8 of 9
0yl11l2007 09:33 Rh1 Agreement
Thurston County Washington
CITY OF YELM
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3941831 Page 7 of 9
07liil2007 09:33 RM Wgreement
Thurston County Washington
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3941831 Page 6 of 9
D714912007 D3:33 RED Rgreement
Thurston County Washsngtan
CITY IOF YELM II II ff II I !1111
~~~ ~ ~ I!I ~II~II III 111111 IA 1111111 II~III I~l ~~~~ ~~ A IIII~I~ I~ 1!111 ~II ~~~
STATE OE WASHINGTON
COUNTY Oi/ THURSTON
55
On this_.~1~ day of ~.~~~~ _, 2Q~, before me personalty
appeared Ran Harding, to me known to 6e the Mayor of Yeim, 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 an oath stated that he is authorized to
execute said instrument.
~~~ p~,P S `~A'~,~.iTNESS W HEROi= I have hereunto set my hand and affixed my officiai
~'~q~ \`~y Q k s,«?~e day and year first above written.
" pU ~ ~~c ": ~ _ ~ Na ry Pubiic in and far the St of Washington,
~r ~~E'0}i~~~~;c residing in GCi~f~Y1 ,rlt~Ci1~1-
°~ w-~S`~e,~'~'~ ~ My commission expires ~`~~ ~
d.
STATE OF ~_S' _ }
COUNTY OF' }
On this day personalty appeared before me ~~ ~~;~. , 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 hislher free and
votuntary act and deed, far the uses and purposes therein mentioned.
GIVEN under my hand and afficiat~s I. ~ day of , 2p07.
~ ~~
ary P fic in and for the S~ ~f;-"~~
r~orA~YPUS~~c ~..~
Benton E;ounty, Arkansas
M~~ Mu~~ 8 f 2018 d
residing in
My commission expires , ~~~3 ! oZtJ«. _.
Approv as to form.
~y:
City Attorney
3941$31 Pa9~ 5 of 9
agreement
07!11!2007 09:33 %~
CITYSOFnYIEILIIMin}t}Y }Washilnilg`tlon}}}}{ i i }}}} }{
t I#~I~~~ ~I~ ~~~~~1 ~llt ~l~!!~ ~~I~ ~~~~~~~ 1~1i1~ i~~~ III II~I~ ~~~~~~~ I~~ ~IIII ~II~ ~~~~
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
`r and latecomer fees shall be collected hereunder for
all projects andlor properties approved for hookup to or through subject
facilities as provided for herein, for a period of fifteen (15} years from
~L~ ~'~. l r-- ~ --~-C`C,.
In the event that the Developer assigns any interest in the Agreement, the
Oevelaper 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. 10t~' 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-Mar# Real Estate Business Trust
By: '°`~ - ~~ By: -
Ron Har n. , YOR ER
ATTEST:
,CITY JERK
Qr1in e. ~ , Chn.e~~~
3941831 Page 4 04' 9
07f11l2007 09:33 RM Agreement
Thurston County Washington
IGIIITY OF YiEILM ff {{ II II {{{{II
1 I~Allll III IIIIII AIA ~I~II~ ~~~I ~I~III~ I~~l~I IIII IIII Ill~f ~~Ilkl~ III (I IIII I~~~
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:
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 ~ `•~-~ ~ L~- ~ r~~,C:~ -7 ,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 13.12.00.
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 cast 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'~iT112
I =Total interest charge
3941831 Page 3 of 9
07/19/2007 09:33 Rf~ Agreement
Thurston County Washington
CITY °F YELM
1111111 I I 1111111 I I I 1111111 I I I I111111111 i l l l l l l l l l 11111111111111111111111111111
WAL-MART STORE #3705-00
LATECOMERS AGREEMENT
Yelm, Washington
SEWER
THIS AGREEMENT is made the,`' `'c 4~ U14~, 7i~, 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 far the City of Yeim; and
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 No. ~~~ ,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 RM Rgreement
Thurston County Washington
CFTY OF YEI.M
I111111111l111111 1111111III11111111111111111IIII111111111111IIIIIII 1111111
Return Address
City of Yelm
Tami Merriman
PO Box 479
Yelm, WA 98597
Document title{s) (or transactions contained therein):
1. Latecoznea~ Agreement Sewer
Reference Number(s) of Documents assigned or released:
{on page of documents(s))
Grantors} (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 Cit 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 ParceVAccount Number:
64303600300,51540302300, 51540202200,515402D2100,51540202000,51544201900,
51540201800,51540201700,51540201600,51540201500,51540201400,51540201300,
515402D12D0,51540302800,51540302700,64303600205,64303600204,64303600203,
643036D02D 1, 51540600700, 64300100501, 64300100400, 64300100401, 64300100302,
64300100700,85830D01900,85830002000,85830002100,85830002200,85830002300,
64303400301,643034003D0,643034D0600,64303101400,64303100701,64303100700,
64303100801,6430310D800,643031DD900,64303101001,643632002D0,64303200300,
64303200400,643D3200500,643DD160401,6430D100302,643DD10D700,85830001900,
85830002000,85830002100,85830002200,85$30002300,643034003D1, 64363400300,
64303400600,643631D1400,64363100701,64303100700,64303100861,64303100800,
64303100900,84303101001,64303200200,643032D03D0,643D320D4D0,643D32DD500
3941831 Page 1 of 9
07/14/2007 09:33 Rte Rgraement
C1TYsO!!lFIIInYIIEIIIILMntY lwalIiisiihin9tonIIIIIII I! III If I VIII I IIf f
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