824 ARC Water Improvements on Mountain View RoadCITY OF YELM, WASHINGTON
ORDINANCE NO. 824
AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter
into an Assessment Reimbursement Contract (latecomer agreement) relating to
water system improvements in a portion of Mountain View Road.
WHEREAS, Project Fore has constructed at their own cost and expense certain
municipal water system improvements (hereinafter called "facilities") in a portion
of Mountain View Road; and
WHEREAS, those improvements are described in a proposed latecomer
agreement and particularly in Exhibit A 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 of 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 Yelm 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 August
25, 2004, 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;
824 Buckhorn Estates Wtr Latecomers.doc Page 1 of 2
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 Buckhorn Estates 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,py the City Council of Yelm this 9th day of February 2005.
Rivas; Mayor
AUTHENTICATED:
~~ ~ uL
Ag Bennick, City Clerk
PUBLISHED: Nisqually Valley News, February 18, 2005
EFFECTIVE: February 23, 2005
825 Buckhorn Estates Swr Latecomers.doc Page 2 of 2
BUCKHORN ESTATES
LATECOMERS AGREEMENT
8945 MOUNTAIN VIEW RD SE
YELM, WA 98597
WATER
THIS AGREEMENT is made the 7 th day of /MEd ~~, 200?r'1~, between the City of Yelm , a
municipal corporation, hereinafter refenred to as the "City" and Pro ect Fore, its successors, and assigns,
hereinafter referred to as the "Developer".
WHEREAS, the Developer has constructed at its own cost and expense certain municipal WATER and Other
system improvements (hereinafter referred to as "facilities") that are described in Exhibit A to this Agreement;
and within the benefit area described in said Exhibit A; 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; and
WI-IEREAS, 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 of 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
* 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.
Exhibit B, consisting of:
* Map of benefit area.
WHEREAS, the Developer has offered and the City is willing to accept said facilities as part of the City's
WATER 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 Section
13.12.020 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 ' E~, ~% ~ CD~~ ,the City shall collect from the owners of properties outlined on Exhibit A
and listed on Exhibit A, prior to allowing the use of said properties of said facilities as shown on
Exhibit A, 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.
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 A in accordance
with the following formula:
I = C*iT/12
I =Total interest charge
C =Latecomers cost
i =Interest rate (8.00%)
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 of using said
facilities as provided in the previous paragraph and in accordance with Exhibit A.
4. Effective Date. This agreement shall be effective as of the.~R~y of C/ i~: , 201~~, and
latecomer fees shall be collected hereunder for all projects and/or properties approv for hookup to or
through subject facilities as provided for herein, for a period of fifteen (15) years from
20~1~.
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:
PROJECT FORE
Attention: Barry Howard
945 113th Ave SE
Olympia, WA 98501
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 ot~}er person or between any payees.
IN WITNESS OF, the parties have executed this Agreement as of the date and year first written above.
City of Ye ~ Developer
i
BY: ~ By:
YO , ~ OWNE
ATTEST: //~/~~ L; dCJt'; i~,~i~'/ C
STATE OF WASHINGTON
COUNTY OF THURSTON
ss
On this ~ •~ day of ~L-,(3,~ U ~) ~~ , 20 ~.~ before me personally appeared
kn be th
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written. "
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,: ;,w~r •..••••••.;~/ ~ Notary blic ~n an for the State of,Washi on,
• ~,,4 ••• ~5tort ~.j_•,~°y, residing in ~/
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to me own to 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.
STATE OF WASHINGTON )
ss
COUNTY OF THURSTON )
On this 3 day of -~~~ , 20 ~?5, before me personally appeared
ct,rr-u ~ou~ar , to me known to be the individual described in and who executed the within and
foregoin 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 seal this 3rd day of olG~nu , 20 05 .
NOTARY PUBLIC
State of Washington Notary Public ' d for tate of Washington,
TERRI LYNN ROUGHTON residing in Ocu~, a
My Commission expires t2 / ~o / 2005
Commission Expires DECEMB~ft 10, 2006 -
Approved as to form:
By:
City Attorney
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