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879 Latecomer Reuse Tahoma Blvd CITY OF YELM, WASHINGTON ORDINANCE NO. 879 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to water reuse system improvements in Tahoma Boulevard (formerly Berry Valley Road). WHEREAS, Tahoma Terra LLC has constructed at their own cost and expense certain municipal water reuse system improvements (hereinafter called "facilities") in Tahoma Boulevard; 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 July 24, 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; Tahoma Terra Reuse Latecomers 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 Tahoma Terra Water Reuse Latecomers Agreement, 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 Co cil of Yelm this 24th day of July 2007. ~ R n Hardin , Mayor AUTHENTICATED: ~ ine A. Schnepf, City CI PUBLISHED: Nisqually Valley News, August 3, 2007 EFFECTIVE: August 8, 2007 Tahoma Terra Reuse Latecomers Page 2 of 2 TAHOMA TERRA WATER REUSE LATECOMERS AGREEMENT TAHOMA BOULEVARD SE THIS AGREEMENT is made the day of ~ , 2007, between the City of Yelm, a municipal corporation, hereinafter refer ed to as the "City" and Tahoma Terra LLC, its successors and assigns, hereinafter referred to as the "Developer"; WHEREAS, the Developer has constructed at its own cost and expense certain municipal WATER REUSE 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; 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. o! , 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. Tahoma Boulevard Reuse Water Latecomer.doc Page 1 of 4 WHEREAS, the Developer has offered and the City is willing to accept said facilities as part of the City's WATER REUSE 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 , 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: Tahoma Boulevard Reuse Water Latecomer.doc Page 2 of 4 1=C''iT/12 I = Total interest charge C = Latecomers cost i = Interest rate (6.00%) 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 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 ~ day of , 2007, and latecomer fees shall be collected hereunder for all projec and/or properties approved for hookup to or through subject facilities as provided for herein, for a period of fifteen (15) years from , 2007. - 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: Tahoma Terra, LLC PO Box 627 Rainier, WA 98576 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 f Developer By: y: Ron Hardin , MAYOR ER ATTEST: , ' , CITY C RK Tahoma Boulevard Reuse Water Latecomer.doc Page 3 of 4 STATE OF WASHINGTON ) ) ss COUNTY OFTHURSTON ) On this °2~ day of ~ , 2007, before me personalfy 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. IN WiTNESS WHEROF I have hereunto set my hand and affixed my officiaf seal the day and year first above written. t,, ' ' ~-I.,,~,~~~~„ ~ , ~4G1 :"~~~a,~, ~`'~,.~f~~'`~,,~,, ary Public in and for the St of Washington, `g`~o~ ~i~-., residing in /t~~Dh ' o ~~"a~ ~ _ _ 9 ~-9-0~ My commission expires J ~ S Ci ~ . ~ !1 ~ 1-~~ ~ ~O r qJ`~ ~ ~ . ~d ~ ; W RS'1~~~~t`' r STATE OF WASHINGTON ) ) ss COUNrtY OF THURSTON ) On this day personally appeared before me'1~ov ~ , to me known to be the individua! dascribed in and who executed the within and foregoing instrument, and acknowledged that helshe signed the same as hislher free and voluntary act and deed, for the uses and purposes therein mentioned. a~ GIVEN under d and official seal this~ day of Su~~ , 2007. ~ s ~~~510N / \~~~"`~F~~',t~~y otary ublic in a or h State of Washingt~ ~ IL~= pTA~t+'o yi, ~ ~ =o ~ ~°R+; i residing in r1 i ~ ~ ~~~h1~1 . sv _ . _ ws : G_ 2~ My commission expires ~/~t C'~` ~i N,Ayi~ A~B~-~~ = l~,~/~~~ ~ 1 O ~~1 ~ ~ hp ~ 9"`~~ [~n~ w~sN,, ~ Approved as to form:. 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