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AG 06-030 -~._- - DATE IN: DATE OUT: . /ll.II ? l.;~A '(t, I .-c . LtL.) ( CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: -~,'. ~1'DS .,,,~- h1 .iJ vPU:2:ro,J EXT: "Z 730 . I 2. ORIGINATING STAFF PERSON: 3. DATEREQ. BY;l) I , t (- I 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o SECURITY DOCUMENT (E.G. AGREEMENT & CJ MAINTENANCE/LABOR AGREEMENT PERFiMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o PUBLIC WORKS CONTRACT o CONTRACTOR SELECTION DOCUMENT o SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, Rf'Q) AG#: Db - t;3D (LESS THAN $200,000) o CONTRACT AMENDMENT [J PURCHASE AGREEMENT) o CDSG (MATERIALS, SUPPLIES, EQUIPMENT) ~THER lATElo1Y\€(L 4biZtfrfi6Vr o REAL ESTATE DOCUMENT 5. PROJECT NAME: L IOwfds 34Lf ill. $nzr:Ji'.._l/'l!.lff.dvfMfitV'7> NAME OF CONTRACTOR: _.--L\D1t\J- ~ 6. 1~flY JIiS - ADDRESS: ..,~~ TELEPHONE SIGNATURE NAME: ~~,~-,~~...&~. TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES o SCOPE OF SERVICES D ALL EXIIIIHTS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE 8. TERM: ,COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES "lAX OWED DYES D NO IF YES, $ PAID BY: D CONTRACTOR 0 CITY 10. CONTRACT REVIEW INITlAUDJ~~rROVED INITIALIDATE APPROVED ,,"PROJECT MANAGER ~:~~A~~~ ?;i1i( .1/10/ of., ;j . 2ft1~ 'V )cLAW' /31!n ~ 2-(l!ev'l -~......~,..' . ~ Ut~{ts ''2/.:-1" V I .bt1Ck :L/2g / l k 11. CONT ACT SIGNATURE RO~TING INITIAL/DATE APPROVED )8': LA W DEPARTMENT,;j.2$ tt P"CITYMANAGER 9/- O~ ._.~- ~ CITY CLERK ~ SIGN COpy BACK TO ORGINATING DEPT. ~_. P(ASSIGNED AG# 0(,-D'50 n{L- "{]. PURCIIASfI.;[u: f>LEA:::i.t. UIAKGn 1 O~ V CO~ENTS ~ I '" J..,l{fLC;t;. Ie} -I"i.,j/ I tIt' '~'f Nt (/1. n '1(> lj,-r. h ii.(\ lKill ...L 07/05 ~ LATECOMERS AGREEMENT FOR STREET IMPROVEMENTS ( THIS LATECOMERS AGREEMENT ("Agreement") is dated effective this cl\d day of f t~~ , 200~. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municip 1 corporation ("City"), and Lloyd Enterprises Inc., a Washington corporation ("Owner"). A. The Owner has made certain street improvements which include grading, paving, curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls, and other similar improvements and appurtenances thereto at, or near, certain real property owned by the Owner. B. There are no adjoining property owners presently available to share in the cost and expense of the construction of the improvements. The parties wish to enter into an agreement providing for the installation of such improvements and providing for partial reimbursement to the Owner of a portion ofthe costs of such improvements pursuant to Chapter 35.72 ofthe Revised Code of Washington. C. The City has determined that the construction and installation of the improvements were in the public interest and the Owner has paid all the costs and expenses for the installation of the improvements. NOW THEREFORE, the parties agree as follows: 1. Description of Property 1.1 Owner's Property. The Owner acknowledges that it is the owner of the certain real property located in Federal Way, Washington, legally described in Exhibit "A" attached hereto and incorporated herein by this reference ("Owner's Property"). 1.2 Benefited Property. Certain real property which is adjacent to or near the Owner's Property will receive the benefit of the proposed improvements, which properties are legally described in Exhibit "B" attached hereto and incorporated herein by this reference ("Benefited Properties"). 2. Improvements - The Owner has installed, at his or her expense, the following described improvements: Improvement of the existing stormwater conveyance system and installation of an oil/water separator in South 344th Street. Installation of curb and gutter, planter strip, street trees and lighting on the south side of South 344th Street. Installation of curb and gutter along the north side of South 344th Street and the paving of South 344th Street (36' wide). ("Improvements"). The Owner agrees that all work performed in connection with the Improvements shall be in full compliance with all applicable federal, state and City laws including, without limitation, all City codes, ordinances, resolutions, policies, standards, and regulations. -1- 3. Cost of Improvements. The Owner agrees that all expenses and claims in connection with the design, construction and installation of the improvements, whether for labor or materials, have been or will be paid in full by the Owner. The Owner further certifies that the actual total cost of design and construction of the Improvements is equal to One Hundred Ninety-seven Thousand Three Hundred Thirty-Nine Dollars ($197,339.00) ("Total Cost"), which shall be used for the purpose of calculating the Benefited Properties pro rate share as described in Exhibit "C". 4. Reimbursement. :L1 Latecomer's Obligation to Reimburse. Any owner of the Benefited Properties ("Latecomer"), who did not contribute to the original cost of the Improvements and who subsequently elects to develop his or her respective property within ten (10) years from the date this Agreement is recorded with the King County Auditor's Office and at the time of development is not required to install any street improvements as a result of the installation by the Owner of the Improvements, shall not be granted a permit for the development without first paying to the City, in addition to any and all other costs, fees, and charges associated with permits, inspections or for street, signalization, and lighting improvements, his or her pro rata share of the Total Cost of the Improvements and all administration costs associated with this Agreement, as determined by Subsection 4.2 herein. 4.2 Pro Rata Share. The method for determining the pro rata share of the Total Cost and administrative costs to be paid by any Latecomer is: -1L a. front foot method b. zone front foot method ~ c. square footage method ~ d. contract method ~ e. trip generation (traffic) method ~ f. other equitable method ~ ~ g. any combination of methods a. through f. The decision of the Director of Public Works or his or her authorized representative in determining or computing the amount due from any Latecomer shall be final and conclusive. 5. Payment to Owner. The City agrees to pay all amounts received from Latecomers to the Owner within thirty (30) days after receipt thereof, less a 15% processing fee ("Latecomers Fee"). The City shall not be obligated to collect any Latecomers Fees after the expiration of the Term of this Agreement. 6. Term/Extension of Agreement. The term of this Agreement is for a period often (10) years connnencing on the date this Agreement is recorded and terminating ten (10) years thereafter; provided, however, that is the event an extension is authorized by the Federal Way City Council, this Agreement may be extended for one (1) additional five (5) year period ("Term"). The extension may be granted upon a written request by the Owner prior to the expiration of the initial ten (10) year period. 7. Street System. The Owner agrees that the Improvements have been or are about to be connected with the transportation and street systems of the City and, upon such connection and -2- acceptance by the City through its legislative body, the Improvements shall become a part of the municipal transportation system. 8. Recordation. This Agreement shall be recorded with the King County Auditor's Office within thirty (30) days of execution ofthis Agreement by the City and the Owner. 9. Title to Improvements. The Owner hereby transfers to the City all of the Owner's right, title and interest in and to the Improvements. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made extensions to or additions of the Improvements, without liability on the part of the City. 10. Assignment of Fees. The Owner hereby assigns to the City all of the Owner's right, title and interest in and to any Latecomer's Fees in the event the City is unable to locate the Owner to tender the same. The Owner shall be responsible for informing the City of its current and correct mailing address. The City will make a good faith effort to locate the Owner and in the event the City is unable to do so, the Latecomer's Fee shall be placed in the Special Deposit Fund held by the City for a period of two (2) years. At any time within this two (2) year period, the Owner may receive the Latecomer's Fee, without interest, by notifying the City of the Owner's then current mailing address. After the expiration of the two (2) year period, all rights of the Owner to any Latecomer's Fees shall terminate, and City shall be deemed to be the owner of such funds. 11. Enforcement. The City does not agree to assume any responsibility to enforce this Agreement. This Agreement will be a matter of public record and will serve as a notice to all potential Latecomers. The Owner shall be responsible to monitor those parties enjoying the Improvements. In the event the City becomes aware of a Latecomer, it will use its best efforts to collect the Latecomer's Fee, but shall not incur any liability should it fail to collect such fee. 12. Indemnification. The Owner agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement or the construction or installation ofthe Improvements. 13. Equal Opportunity Employer. ill all of the Owner's activities, hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination against any person because of sex, sexual orientation, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 14. General Provisions. 14.1 Entire Agreement. This Agreement contains all of the agreements of the parties and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 14.2 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 14.3 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. -3- 14.4 Successors In Interest. This Agreement shall inure and be for the benefit of and shall obligate all of the parties respective successors in interest, heirs, beneficiaries or assigns. 14.5 Attorney Fees. In the event either party defaults on the performance of any terms in this Agreement, and this Agreement is placed in the hands of an attorney, or suit is filed, the prevailing party shall be entitled to an award of its reasonable attorney's fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 14.6 No Waiver. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure ofthe city to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 14.7 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the state of Washington. 14.8 Authority. Each individual executing this Agreement on behalf of the City and the Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. 14.9 Notices. Any notices required to be given by the City to the Owner or by the Owner to the City shall be delivered to the parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.1 0 Captions. The respective captions of the paragraphs of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. DATED the day and year set forth above. CTIY(jFRAli By: 1) Interim City Manager, Derek Matheson 33325 8th Avenue South Federal Way, WA 98063-9718 ATTEST: ,CMC "'. -4~ APPROVED AS TO FORM: LLOYD ENTERPRISES, INC. ~ .-- .~ ~. By: ~.,,- Randy Lloyd, Vice-President PO Box 3889 Federal Way, W A 98063-3889 (253) 874-6692 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this t IlL day Of\;/U;?; . , 20 /) t, before me personally appeared Randy Lloyd, to me known to be the Vice-President of Lloyd Enterprises, Inc., that executed the within and foregoing instrument, and acknowledged the said instrument his free and voluntary act and deed, for the uses and purposes therein mentionriU\k\~fM"ll)); stated that he has executed said instrument. "... \)1' N D I, ~ v ......~ ~ . . , WITNESS rrf! ~' ~eto affixed the day and year first above written. ~ 0 ~\. . : C/J 0 NOTARY ~I : ""'" ~ PUSLIC 01 ; ~ I. ... I?' Public in. a~d for the State OfuJ. ~ Q..~11..oe ..,. ~ shmgton, resldmg at 1~ ~ """,,:" WA.SH\~~'~y commission expires S I. 51' . """11"'\\ K:\contract\2006\Lloyd Enterprises Latecomer Agmt L: \csdc \docs\savc\5069962098.doc G:\LAWFORMS\LA TCOMR.AGR -5- Exhibit B ParccI Numbcr: 2021049121 Lot Size: 62,375 SqFt (1.43 acres) Legal Description: 202104 121 N 129.08 FT OF S 180.58 FT OF W 483.22 FT OF SE 1/4 OF NE ~ Parcel Number: 2021049082 Lot Size: 37,026 SqFt (0.85 acrcs) Legal Description: 20210482 BEG ON N LN OF NE 1/4 OF SE 1/4235.75 FT W OF W LN OF HW A Y TH W 200 IT TH S 250 FT TH S 70-41-32 E TO WLY HW A Y MGN TH NEL Y ALG SO MGN 60 FTTH N 68-12-38 W 128.04 ITTH N 250.19 FTTO BEG LESS BEG AT MOST SWL Y COR THOF TH N 00-26-22 E 70 FT TH S 89-51-38 E 120 FT TH S 00~26-22 W TO PT WCH BEARS S 70-41-32 E FRM POB TH N 70-41-32 W TO POB Parcel Number: 2021049105 LOT size:8,620 SqFt (0.2 acres) Legal Description: 202104 105 POR OF NE 1/4 OF SE 1/4 BEG INTSN OF NL Y LN SO SUB WITH WL Y MGN ST HWY #1 TH S 21-47-22 W ALG SD HWY 94.21 IT TH N68-12-38 W 180 FT TH S 21-47-22 W 92.85 FT TO INTERSECT A LN RNNG S 00-26-22 W FR PT ON NL Y LN OF SUB WH IS 235.75 FT WL Y FR BEG TH N 00-26-22 E ALG SO LN TO NL Y LN SD SUB TH S 89-51-38 E235.75 FTTO BEG LESS CO RD & LESS PORFOR RD PERREC # 20020329001988 I() 00 0 0 0 0 0 I() 0 0 0 0 0 0 0 0 0 0 ..... en 'Oit 0 0 0 0 0 0 0 ..... 0 0 0 0 0 0 0 I() 0 0 N M c--i ..t.n c--i cD ci CD 0 M ~ ci 0 0 ci ci ..t r-: ci .n r-: M .l9 U) en 0 0 ..,. 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