Ordinance 3683ORDINANCE NO. 3683
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, DETERMINING THE FINAL ASSESSMENT
REIMBURSEMENT AREA AND PRO RATA SHARES OF
REIMBURSABLE COSTS IN CONNECTION WITH THE
SILVER CITY CONSTRUCTION, INC., LATECOMER
AGREEMENT; PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, Chapter 35.72 of the Revised Code of Washington authorizes cities
to enter into latecomer agreements for the purpose of providing partial reimbursement of certain
street improvement costs paid by a private party; and
WHEREAS, Silver City Construction, Inc., performed certain street
improvements consisting of asphalt concrete paved street and storm drainage on 72nd Avenue
West, Edmonds, Washington, which improvements were required by ordinance to be
constructed;
WHEREAS, Silver City Construction, Inc. applied to the City for a latecomer
agreement for reimbursements of certain street improvements consisting of asphalt concrete
paved street and storm drainage on 72nd Avenue West, Edmonds, Washington as shown on
Exhibit A; and
WHEREAS, Chapter 35.72 of the Revised Code of Washington sets forth the
process for latecomer agreements; and
WHEREAS, the City Engineer determined that the application of Silver City
Construction, Inc. met the criteria set forth in Chapter 35.72 of the Revised Code of Washington,
and approved the application; and
WHEREAS, the City Engineer made a preliminary determination of the
assessment reimbursement area and pro rata share of costs to affected property owners by
{BFP689971.DOC;1 /00006.900160/} - I -
selecting a method of cost apportionment based on the benefit of the improvements to the
affected property owners; and
WHEREAS, in accordance with RCW 35.72.040(2), the City provided notice by
certified mail of the City Engineer's preliminary determination of the assessment reimbursement
area and pro rata share of costs to affected property owners; and
WHEREAS, none of the affected property owners requested a public hearing
before the City Council within the time required to challenge the City Engineer's preliminary
determination; and
WHEREAS, the City Engineer's determination of the assessment reimbursement
area and pro rata share of costs is now subject to no further challenge by the affected property
owners; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Assessment Reimbursement Area. The City Council hereby adopts
as its final determination the preliminary determination of the assessment reimbursement area as
recommended by the City Engineer and as identified on Exhibit B attached hereto and
incorporated herein by this reference.
Section 2. Reimbursable Costs. The City Council hereby adopts as its final
determination the total cost calculations, allocations among the benefited properties, and pro rata
shares of reimbursable costs as recommended by the City Engineer and as identified on Exhibit
C attached hereto and incorporated herein by this reference.
{BFP689971.DOC;1/00006.900160/} - 2 -
Section 3. The Mayor is directed to execute, on behalf of the City of Edmonds,
the reimbursement contract with Silver City Construction, Inc., a copy of which is attached
hereto as Exhibit D and incorporated herein by this reference.
Section 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance shall take effect and be in full force
five (5) days after publication of the attached summary, which is hereby approved.
APPROV
MAY (JR G#f ITAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO RM:
OFFICE OF Y A O NEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/28/2008
PASSED BY THE CITY COUNCIL: 04/01/2008
PUBLISHED: 04/06/2008
EFFECTIVE DATE: 04/11/2008
ORDINANCE NO. 3683
IBFP689971.DOC;1/00006.900160/) - 3 -
SUMMARY OF ORDINANCE NO. 3683
of the City of Edmonds, Washington
On the 1 st day of April, 2008, the City Council of the City of Edmonds,
passed Ordinance No. 3683. A summary of the content of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, DETERMINING THE FINAL
ASSESSMENT REIMBURSEMENT AREA AND PRO
RATA SHARES OF REIMBURSABLE COSTS IN
CONNECTION WITH THE SILVER CITY
CONSTRUCTION, INC., LATECOMER AGREEMENT;
PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of April, 2008.
.�. '/'
CITY CLERK, SANDRA S. CHASE
{ BFP690282.DOC;1/00006.900170/}
EXHIBIT A
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EXHIBIT C
In accordance with RCW 35.72.030, the City of Edmonds has determined that the
reimbursement share for certain street improvements consisting of asphalt concrete paved
street and storm drainage on 72nd Avenue West, Edmonds, Washington, which
improvements were required by City ordinance to be constructed, by Silver City
Construction, Inc., shall be $331.72 per lineal foot of property frontage abutting the
improvements.
Accordingly, the proposed reimbursement shares for the affected properties are as
follows:
Tax Parcel No. 00513300002501: 225 LF X $331.72 = $74,637.00.
Tax Parcel No. 00513100002406: 45 LF X $331.72 = $14,927.40.
CONTRACT FOR REIMBURSEMENT
OF
STREET CONSTRUCTION COSTS
72ND AVENUE WEST, EDMONDS, WA
THIS AGREEMENT, made and entered into this day of
2008, by and between the City of Edmonds, a municipal corporation, he An after referred
to as the "City," and Silver City Construction, Inc., hereinafter referred to as "Developer."
WHEREAS, Developer has heretofore constructed at Developer's own expense,
certain street improvements consisting of asphalt concrete paved street and storm
drainage (hereafter "street improvements "), on 72nd Avenue West in the vicinity of
properties addressed as 15711, 15715, and 15719 72nd Avenue West, Edmonds,
Washington, at a total cost of one hundred seventy -nine thousand one hundred twenty -
seven dollars and twelve cents ($179,127.12); and
WHEREAS, the City, in accordance with the provisions of RCW 35.72, agrees that
Developer may be reimbursed for a pro rata share of the cost of such construction of these
street improvements from those owners of real estate adjacent to said street
improvements, but which owners have not borne a share of the cost of such improvement
as so installed;
NOW, THEREFORE, it is hereby mutually agreed and covenanted by and between
these parties hereto as follows:
1. Developer does hereby covenant and warrant that Developer has paid in
full the entire costs of construction and installation of said street improvements, according
to the standards of construction of the City, and to the satisfaction of the City Engineer.
2. Developer acknowledges that he has previously relinquished to the City all
right, title and interest in those public street improvements as more fully detailed upon
Exhibit A.
3. In consideration of Developer providing said street improvements, the City
hereby agrees that, for a period of fifteen (15) years from and after August 27, 2007, no
person, firm, corporation, or other entity being the owner of real property adjacent to these
street improvements (i.e., properties within the assessment area) as delineated in Exhibit
B shall be granted approval to subdivide said property or issued a permit for any
development upon said property for which the Edmonds Community Development Code
would require, as a condition of approval, the construction of similar street improvements
were they not already constructed by Developer, without first paying to the Developer, a
pro rata share (reimbursement share) of the construction cost set forth in this contract,
calculated as follows:
Three hundred thirty -one dollars and seventy -two cents ($331.72) per lineal
foot of property having frontage abutting the 72nd Avenue West street
improvements.
4. The City agrees that, upon application of an owner of real property adjacent
to these street improvements (i.e., properties within the assessment area) as delineated in
Exhibit B for subdivision of said property or for a building permit for any development
upon said property, for which the Edmonds Community Development Code would
require, as a condition of approval, the construction of similar street improvements were
they not already constructed by Developer, the owner of said property (applicant) shall be
referred to the Developer for payment of the pro rata share (reimbursement share) due the
Developer in accordance with this contract. The City shall inform the applicant of the
amount required to be paid by the applicant to the Developer. It is the intention of the
parties that, as a condition of approval, and prior to approval of a subdivision or issuance
of a building permit, the applicant shall be required to provide to the City a notarized
document signed by the Developer (heirs, successors, or assigns) that satisfactory
arrangements have been made for payment of the applicant's reimbursement share, as
established by this contract, to the Developer.
5. In the event the Developer agrees to periodic payment by an applicant for
the applicant's reimbursement share, and the applicant subsequently thereafter breaches,
the parties agree that the City will not be a party to resolving said breach, will not be
required to take any action whatsoever in regards to said breach, and that such breach
shall be a civil matter between the applicant and the Developer.
6. Properties subject to the requirements of this contract are set forth on Exhibit
B attached hereto, and incorporated herein by this reference as if set forth in full. Owners
of property within the above referenced area are hereby notified of the payment
requirements set forth herein.
7. The 15 year term of this agreement may be extended by agreement of the
parties for a time not to exceed the duration of any moratorium, phasing ordinance,
concurrency designation, or other governmental action that prevents an individual
from making permit application(s) for any new development within the benefit area for
a period of six months or more. Any such extension shall be in the form of a written
addendum to this agreement which specifies the duration of the extension, shall be
approved by the parties hereto, and shall be recorded with the Snohomish County
auditor. Any property owner who is subject to the original notification requirements of
RCW 35.72.040 shall be notified of the extension in the same manner as that statute
provides for original notification regarding preliminary determination of the
assessment reimbursement area and methodology.
8. The parties agree and understand that the execution of this contract by the
City is a discretionary act for the sole benefit of the Developer. In recognition of the non-
mandatory nature of the City's agreement, Developer agrees that, in the event, whether an
oversight or otherwise, an application for subdivision or building permit is approved
without appropriate arrangements being made for payment of the monies to the
Developer, the City shall have no responsibility to Developer for the failure to comply
with the terms and provisions of this contract, nor be. under any responsibility to
terminate, suspend, revoke, disapprove, or otherwise act upon any approved subdivision
or issued permit or to prohibit or otherwise limit the use of the street improvements by the
applicant for said subdivision or building permit.
9. In the event any person brings suit against the City for a refund of any sums
paid pursuant to this contract, Developer agrees to indemnify, defend, and hold harmless
the City from any judgment and shall pay for the City's costs of suit, including sums for
reasonable attorney's fees. This promise to indemnify shall not include any claim, loss. or
liability caused by the sole negligence of the City or its agents.
10. The Developer shall, every two years from the date of execution of this
contract, provide the City with information regarding the current contact name, address,
and telephone number of the Developer (heirs, successors or assigns) or his designated
representative.
11. This contract shall be recorded with the Snohomish County Auditor.
Recording costs shall be borne by Developer.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of � - 200
5uver Uty Lonstruction, inc.
CI7
ATTEST/ AUTHENTICATED:
Sandra S. Chase, City Clerk
Approved as to Form:
Office of the ity Attorney:
W. Scott Snyder
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHIMISH )
I certify that I know or have satisfactory evidence that Jamie Schwartz is the person
who appeared before me, and said person acknowledged that he was authorized to
execute the instrument and acknowledged it as President of Silver City Construction, Inc.
to be the free and voluntary act and deed of such party for the uses and purposes
mentioned in this instrument.
DATED: a 0o r
I o < 4(1 nature)
In
(Print Name)
NOTARY PUBLIC
W A" My appointment expires: — /
EXHIBIT A
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