Res 978 - Agmt Devel Stacy Alli
COUNCIL BILL NO. 1195
RESOLUTION NO. 978
A RESOLUTION APPROVING THE FAIR SHARE COST ALLOCATION AGREEMENT
BETWEEN THE CITY AND THE DEVELOPERS OF STACY ALLISON WAY, NAMELY
KLAW HOLDINGS, AND AUTHORIZING THE MAYOR AND THE CITY ADMINISTRATOR
TO SIGN THE AGREEMENT.
WHEREAS, city policies and ordinances a~~ow developers to
improve infrastructure (water, sewer, streets) and then restrict
connection to adjoining properties until a fair share cost has been
reimbursed to the developer, AND
WHEREAS, the Developer of Stacy Allison Way has requested
that improvements be provided with such a reimbursement policy
protection, NOW THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Fair
Share Agreement with the Developers of Stacy Allison Way.
Section 2. That the Mayor and the City Administrator are
authorized to sign and execute said agreement on behalf of the
City.
Approved as to
77~ iJl2~
City Attorney
2/ g J l' J
I Date '
form:
APPROVED:~~q1""'tlfi d ~27
ANCY A, K KSEY, MAYOR
Passed by the Council February 12, 1990
Submitted to the Mayor February 14, 1990
Approved by the Mayor February 20, 1990
Filed in the office of the Recorder February 20, 1990
ATTEST: (yla(.~ L'~ClJ
Mary E, ennant, Deputy Recorder
City of l'Ioodburn, Oregon
PAGE 1 - COUNCIL BILL NO, 1195
RESOLUTION NO. 978
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FAIR SHARE COST ALLOCATION AGREEMENT
-fA r . I fro
THIS AGREEMENT made this.;JO - day of t-e.j,"l~ ,~,
between KLAW HOLDINGS, hereinafter called the DEV ER and the
CITY OF WOODBURN, a Municipal Corporation, hereinafter called CITY.
WHEREAS, the DEVELOPER has installed certain public
improvements, and
WHEREAS, a portion of these improvements will logically
benefit property parcels other than DEVELOPERS, and
WHEREAS, the DEVELOPER wishes to be reimbursed for cost
incurred in installing improvements which will benefit other
properties.
IT IS HEREBY AGREED BETWEEN THE CITY AND DEVELDPER AS FOLLOWS:
(1) The DEVELOPER has caused to be constructed, at his expense,
improvements in accordance with city of Woodburn Standards
necessary to properly serve his property. The improvements
consist of water. storm sewer, street improvements, and some
sanitary sewer along Stacy Allison Way between Evergreen and
Lawson in the city of Woodburn.
(2) When the owners of the property enumerated in this agreement
connect to the street. they shall be charged an amount equal
to their proportionate share of the costs of the project as
set out below, unless the city is presented with a receipt
from the developer for this payment directly to the developer
or a waiver for such payment from the developer, The other
benefitted properties will pay. in addition, their own
connection fees and use fees, The amount paid by each
property benefitted toward the construction cost shall be set
aside in the collection fund and shall be refunded to the
DEVELOPER.
The CITY shall p~y~no.int~r~t and charge no interest. on the
money and shall refund only the amount it actually received
from the property owners,
(3) The deferred assessments 'against benefitted properties are
limited to construction costs only is listed below. An
assessment against a benefitted property shall not exceed 50%
of the actual construction cost of the improvement fronting
that property. No property shall be assessed an additional
cost for a benefit existing to that property at the time of
this agreement,
PAGE 1 - AGREEMENT
~,,-'---~'~-'-"-"~-"~---- ,
STREET IMPROVEMENTS
TAX MAP
FRONTAGE
FOOTAGE
ESTIMATED
ASSESSMENT
FINAL
ASSESSMENT
TAX LOT
Section 12
T5S. R2W
44064-000
44068-356
159.25
290.5
10,076.57
18,381.43
$28,458.00
(4) The above costs are based on the current estimates, After the
construction is complete and the actual construction costs are
available, the City Engineer will fill in the actual
construction costs for assessment.
(5) No other parcels shall receive deferred assessments and the
DEVELOPER shall not be entitled to reimbursement from any
other parcel under this agreement,
(6) If the DEVELOPER should agree to accept deferred payments paid
over a period of time, the DEVELOPER shall be responsible for
collecting payments and the CITY shall have no further
responsibility to the DEVELOPER.
(7) Deferred assessments shall become due at the time a parcel
applies to city for connection to Stacy Allison Way.
(8) This reimbursement agreement shall not apply to public
extensions of the lines described above.
(9) Should the DEVELOPER learn of connection to the improvements
being made or proposed, he will notify the CITY and the party
planning the connection of the existence of this agreement.
The DEVELOPER will install permanent signs indicating the
restricted use of facilities and connection along the South
strip.
(10) This agreement shall be in effect for a period of ten (10)
years .following the date first \'lritten above. After that
time, there shall be no deferred assessment and the DEVELOPER
shall be entitled to no reimbursement.
APPROVED AS TO
FORM:71~~ f)I2~
CITY ATTORNEY
I I
2jFj'1D
DA E I
PAGE 2 - AGREEMENT
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ATTEST:
(11 c,^-,-_ /5--,,,\/\ "'.....~T
MARY TIUfNANT. DEPUTY RECORDER
City of Woodburn, Oregon
PAGE 3 - AGREEMENT
..
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DEVELOPER:
KLAW HOLDINGS
CITY OF WOODBURN
.7.,__/-___/~:0 C;;;;.LI/yJ./:
NANCY A. IfiRKSEY. MAY9}'
~iu.~ 42-<.~
MICHAEL QUINN'; CITY ADMINISTRATOR
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