Resolution 1136.pdf - City of Bonney Lake

NOW, THEREFORE, the parties agree as follows:
I. After ownership of the utility improvements has been accepted by the City and
same have been incorporated into the City's utility system, the City agrees to collect from
owners or users of the property benefited by said improvements who have not heretofore
contributed to the cost of construction thereof, and who subsequently connect to or use the same,
a fair pro rata share sum of $629.66 for each residential equivalent unit (the "Fair Pro Rata
Charge") based on the summary set forth in the attached Exhibit "c" and the calculations set
forth in the attached Exhibit "D," which charge shall be conclusively presumed to be a fair pro
rata charge per residential equivalent unit for the benefit of the owners of the parcels identified
on the Pierce County Tax Roll attached as Exhibit "B" all of which are situated within the
geographic area identified on the Service Area Map attached as Exhibit "A." In addition to the
amounts agreed to be collected by the City in this paragraph, the City shall charge, in addition to
its usual and ordinary charges made against persons applying for service from its utilities, a sum
equal to ten percent (10%) of the amount agreed in this paragraph by the City to be collected for
Developer from persons connecting to said utility improvements, which additional 10% sum
shall be used by the City to defray its costs in administering this Agreement.
2. The City shall collect charges from benefited property owners seeking connection
to the utility improvements for their parcels in the following manner: (i) formal plats shall be
collected immediately prior to final plat approval; (ii) short plats shall be collected immediately
prior to final short plat approval; and (iii) individual parcel charges shall be collected at building
permit application.
3. The City shall pay to the Developers the sums agreed by it to be collected
pursuant to the provisions of Sections I and 2 above within sixty (60) days after receipt thereof
at the address of Developers as hereinafter set fOl1h, or at such other addrcsscs as Developers
shall provide, by certified mail. If said payments are returned to the City unclaimed by
Developers, and if the City is, after exerting a commercially reasonable effort, unable to locate
Developers, after twelve (12) months, the City shall retain all sums then received and all future
sums collected under this Agreement.
4. In the event of assignment or transfer of the rights of Developers, voluntarily,
involuntarily or by operation of law, the City shall pay any accruing funds hereunder, after
notice, to such successor of Developers as the City, in its sole judgment, deems entitled to such
benefits. In the event conflicting demands are made upon the City for benefits accruing under
this Agreement, the City may at its option commence an interpleader action and shall be
discharged from further liability upon paying the person whom any court having jurisdiction
shall determine is entitled thereto, and in such action the City shall be entitled to recover its
reasonable attorney fees and costs, which fees and costs shall constitute a lien upon all funds
accrued or accruing under this Agreement.
5. The City agrees not to allow any owner or user of benefited property to connect to
or use said improvements without such owner or user having first paid to the City a sum equal to
the Fair Pro Rata Charge times the number of total residential equivalent units to be connected to
the benefited propeliies. For example, if a property owner of a five (5) acre benefitcd property
subdivides his or her property into twenty (20) lots, the amount collected would be the Fair Pro
[7.14.04 Final Ashton Woods latecomer agreement.doc] - 2 -