AN ORDINANCE relating to the installation of street improvements consisting of a storm sewer in and the regrading and paving of the alley in Block 8, Burke & Farrar's Columbia Park Addition to the City of Seattle, recorded in Vol. 18 of plats, page 25, Records of King County, Washington, authorizing the Director of Transportation to execute an assessment reimbursement agreement with the owner of Lots 16-18 in said Block 8 for the cost of said improvements, and determining the assessment reimbursement area and the pro rata shares of the adjacent properties benefited by the street improvements, and setting a period of fifteen years during which partial reimbursements from the benefited properties may be collected.

WHEREAS, John W. Demco is the owner of certain real property in the City of Seattle more particularly described as Lots 16-18, Block 8, Burke & Farrar's Columbia Park Addition to the City of Seattle, located at 5224 Wilson Avenue South; and

WHEREAS, in connection with the redevelopment of his property pursuant to Master Use Permit No. 9705105, John W. Demco was required, as a condition of obtaining the necessary permits, to make certain street improvements pursuant to Chapter 23.53 of the Land Use Code; which improvements benefit other parcels adjacent thereto and which would also be required as prerequisite to development of such adjacent properties; and

WHEREAS, RCW Chapter 35.72 authorizes agreements between cities and developers that provide for partial reimbursement of the costs of such street improvements to be made to the developer by other benefited properties under certain circumstances; and

WHEREAS, pursuant to RCW Chapter 35.72, the City formulated a preliminary assessment reimbursement area to include the parcels of real property adjacent to the street improvements and a preliminary determination of the reimbursement share applicable to each such parcel, and, by certified mail, sent the preliminary determination of the area boundaries and assessments to the property owners of record within the proposed assessment area along with the information that such property owners had the right to request in writing a public hearing before the City Council within 20 days of the mailing; and

WHEREAS, after receipt of several requests for a public hearing, notice of said hearing to be held on December 13, 2001 was sent to the property owners on November 30, 2001, and the hearing was duly held by the Transportation Committee of the City Council; after which the Committee determined that adjustments to the final reimbursement shares should be made, and recommended to the full Council that it authorize an assessment reimbursement agreement that reflects the adjusted reimbursement;

WHEREAS, after the public hearing was held, the City received notification that the owner of Lots 14 and 15, Block 8, Burke & Farrar's Columbia Park Addition had paid his proposed share directly to John W. Demco, and in so doing, became a contributor to the original cost of the street project under RCW 35.72.020(3), and thus not subject to an assessment reimbursement agreement; and

WHEREAS, at the February 5, 2002 meeting of the Transportation Committee , the members of the Committee voted to adjust the reimbursement share roll to reflect sqid payment by the owner of Lots 14 and 15; NOW, THEREFORE

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. As requested by the Director of Transportation and recommended by the Mayor in the attachments hereto, the Director of Transportation is hereby authorized to execute an assessment reimbursement agreement, substantially in the form of Exhibit A hereto, with John W. Demco for improvements to the alley in Block 8, Burke & Farrar's Columbia Park Addition to the City of Seattle installed under Street Use Permit No. W6332. The agreement shall have a term not to exceed 15 years from the date of the City's acceptance of the storm sewer and paving improvements.

Section 2. The boundaries of the assessment reimbursement area as shown on Exhibit B hereto and the adjusted assessment shares as shown on Exhibit C hereto are hereby confirmed as adjusted.

Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2002, and signed by me in open session in authentication of its passage this _____ day of _________________, 2002. __________________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2002. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2002. ___________________________________________ City Clerk

Exhibit A: Assessment Reimbursement Agreement Exhibit B: Map of Assessment Area Exhibit C: Reimbursement Share Roll 1/28/02 (Ver. 2 ) t Exhibit A

After recording return document to: City of Seattle Department of Transportation Attn: Donald Nelson Street Use Section 600 Fourth Avenue, 5th floor Seattle, WA 98104

Document Title: Assessment Reimbursement Agreement

Party of 1st Part: City of Seattle

Party of 2nd Part: John W. Demco

Legal Description: Alley in Block 8, Burke & Farrar's Columbia Park Addition to the City of Seattle, recorded in Vol. 18 of plats, page 25, Records of King County, Washington.

Additional Legal Descriptions are in Pages 6 and 8 of Document

Assessor's Tax Parcel Number: None Available Public Alley

ASSESSMENT REIMBURSEMENT AGREEMENT

This Agreement, is made this day by and between The City of Seattle, a municipal corporation ("the City") and John W. Demco, his successors and assigns ("Owner").

WITNESSETH:

WHEREAS, Owner is the owner of certain real property in the City of Seattle more particularly described in Exhibit A, attached hereto and made a part of this Agreement by reference; and

WHEREAS, Owner is developing his property pursuant to Master Use Permit No. 9705105, and is required by Chapter 23.53 of the Land Use Code to make certain street improvements; which improvements benefit other parcels adjacent thereto and which would also be required as prerequisite to development of such adjacent properties; and

WHEREAS, RCW Chapter 35.72 authorizes agreements between cities and developers that provide for partial reimbursement of the costs of such street improvements to be made to the developer by other benefited properties under certain circumstances; and

WHEREAS, pursuant to RCW Chapter 35.72, the City:

(a) formulated a preliminary assessment area to include the parcels of real property adjacent to the street improvements and a preliminary reimbursement share applicable to each such parcel;

(b) by certified mail forwarded the preliminary determination of area boundaries and assessments to the property owners of record within the proposed assessment area along with the information that such property owners had the right to request in writing a public hearing before the City Council within 20 days of the mailing; and

(c) held a public hearing and thereafter made its final determination establishing the area assessment boundaries and the reimbursement share for each parcel therein, which will become binding upon owners of record within the assessment area when this Agreement is filed with the King County Office of Records and Elections; and

WHEREAS, Owner, at his own cost and expense, prepared plans and specifications, obtained Street Use Permit No. W6332 and installed street improvements consisting of a storm drain and pavement of the alley in Block 8, Burke & Farrar's Columbia Park Addition to the City of Seattle, all according to the plans filed with the City under SPU Vault Plan 885-88, which improvements were accepted by the Department of Transportation as complete on April 18, 2001, all in accordance with the ordinance of the City and the conditions of said permit; NOW, THEREFORE;

It is hereby agreed as follows:

1. The City agrees that whenever it approves development plans on any parcel of real property within the assessment area boundaries which would have required installation of the street improvements constructed by Owner, it will impose as a condition to the development permit(s) the payment of the applicable reimbursement share for that parcel, without interest or adjustment for depreciation. The reimbursement shall be collected by the Director of Transportation and paid to the Department of Finance, and by it remitted to Owner. Owner shall keep his current address on file with the Director of Transportation.

2. The assessments that are subject to this Agreement shall be levied against the property within the assessment reimbursement area shown on Exhibit B attached hereto, in the amount calculated and shown on the assessment share roll, Exhibit C attached hereto, which Exhibits are made a part of this Agreement by reference.

3. The obligation of the City to impose and collect the reimbursements shares shall terminate on April 18, 2016, the last day of the fifteenth year following the date of acceptance by the Department of Transportation of the street improvements as complete.

4. The total amount to be reimbursed to Owner will not exceed $ 52,095.63 after deduction of Owner's share and the share prepaid by the owner of Lots 14 and 15, Block 8, Burke & Farrar's Columbia Park Addition. Owner acknowledges that there is no guarantee that the assessments will accrue and be paid during the period of this Agreement.

5. Notwithstanding any other provision, herein, the unintentional failure of the City to impose or collect any reimbursement share shall not give rise to a claim against the City for reimbursement, and Owner hereby waives all rights to proceed against the City on such a claim.

IN WITNESS WHEREOF, the City and Owner have executed this Agreement this __________ day of _________________, 20__.

THE CITY OF SEATTLE

By: _______________________________

Its Director of Transportation

Approved by Ordinance ______________

OWNER

_____________________________

John W. Demco

STATE OF WASHINGTON )

) ss.

COUNTY OF KING )

On this ____ day of _________, 2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _________________, known to me (or proved to me on the basis of satisfactory evidence) to be the Director of Transportation of The City of Seattle, the municipal corporation named in and which executed the foregoing document, and stated on oath that he/she was authorized to execute the foregoing document on behalf of said municipal corporation and signed the same as the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned.

WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.

__________________________________

Print Name: ________________________

NOTARY PUBLIC in and for the State

of Washington, residing at ____________.

My commission expires: ______________.

STATE OF WASHINGTON )

) ss.

COUNTY OF KING )

I certify that I know or have satisfactory evidence that ___________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act and deed for the uses and purposes mentioned in the instrument.

Date: __________________ ________________________________

Print Name: ______________________

NOTARY PUBLIC in and for the State

of Washington, residing at __________

My commission expires ____________

EXHIBIT A TO AGREEMENT

STREET PROJECT IMPROVEMENT OF: PORTION OF ALLEY BETWEEN WILSON AVENUE SOUTH AND 52ND AVENUE SOUTH, Exhibit C The Share Roll

STREET IMPROVEMENT PROJECT OF WILSON AVENUE SOUTH Et Al, ALLEY PAVING & DRAINAGE, CONSTRUCTED BY JOHN DEMCO, ACCEPTED BY THE CITY AS COMPLETED: APRIL 18, 2001 Street Use Permit W6332 SPU Vault Plan No. 885-88 FIFTEEN YEAR PERIOD ENDS: APRIL 18, 2016

Name of Owner Description of Real Estate Lot Element Reimbursement Changes Ordered By Council Account # 123100-0905-0 Block 8 William J & Maria C. Moll Plat: Burke & Farrars 1,2,3 Alley Paving $ 5,852.56 5200 Wilson Avenue South Columbia Park Add Storm Drain $ 1,200.00 Seattle, WA 98118 Less ST c/o Dick Todhunter Prel. Deter. $733.33 10003 65th Ave. South Etc. Seattle, WA 98178 57 Total 7,785.89 $ 7,785.89

Account # 123100-0920-0 Block 8 4,5 Alley Paving 5,339.18 Sam Furer Plat: Burke & Farrars Storm Drain 38,237.24 5111 South Dawson St Columbia Park Add Seattle, WA 98118 Less E 3.81 ft. of 5 Prel. Deter. 733.33 c/o PO Box 3284 Etc. Kent, WA 98032 52 Total 44,309.75 $44,309.75

Account # 123100-0924-0 Block 8 5,6 Alley Paving $Furer Family Plat: Burke & Farrars Storm Drain $5117 South Dawson St. Columbia Park Add Seattle, WA 98118 E 3.81 ft of 5 & all 6 Prel. Deter. $c/o 1417 S. 262nd St. Etc. Kent, WA 98032 32 Total $-

Account # 123100-0935-0 Block 8 7 Alley Paving $Monte C. Morrow Plat: Burke & Farrars Storm Drain $5119 South Dawson St. Columbia Park Add Seattle, WA 98118 Taxable portion partially ex Prel. Deter. $ 28 Etc. Total $-

Account # 123100-0940-0 Block 8 8,9 Alley Paving $Julie E. Beall Plat: Burke & Farrars Storm Drain $ 5125 South Dawson St Columbia Park Add Seattle, WA 98118 Prel. Deter. $ Etc. 56 Total $-

Account # 123100-0950-0 Block 8 10,11 Alley Paving $Hooman & Glenda Tajbakhsh Plat: Burke & Farrars Storm Drain $ 5131 South Dawson St. Columbia Park Add Seattle, WA 98118 Prel. Deter. $ Etc. 63 Total $-

Account # 123100-0960-0 Block 8 12,13 Alley Paving $Jeffrey A. & Johnson Plat: Burke & Farrars Storm Drain $5215 52nd Avenue South Columbia Park Add Seattle, WA 98118 Prel. Deter. $c/o D. R. Pirolo & J. A. Johnson Etc. 63 Total $-

Pre Agreement Account # 123100-0965-0 Block 8 14, 15 Alley Paving $ Reimbursement Mayflower Properties, LLC Plat: Burke & Farrars Storm Drain $55,149.87 Payment to c/o Jim Noland Columbia Park Add John Demco 3652 Francis Avenue N., Prel. Deter. $ in Jan 2002 Unit D Seattle, WA 98103 Etc. Property address: 75 Total $55,149.87 No Dollars 5122 S. Mayflower St. Due Seattle, WA 98118

Pre Agreement Account 123100-0980-0 Block 8 16,17,18 Alley Paving $ 9,138.21 Payment by John W. Demco Plat: Burke & Farrars Storm Drain $65,444.51 John Demco 5224 Wilson Avenue South Columbia Park Add in 2001 Seattle, WA 98118 16 to 18 less ST & Por of 19 Prel. Deter. $ 733.34 ELY Etc. 89 Total $75,316.06 No Dollars Due

1 Alley Pavement $ 20,329.94 2 Storm drain $ 160,031.62

Prel. Deter. Etc $ 2,200.00

$ 182,561.56 $ -

Revised: 1/28/2002

IN BLOCK 8, BURKE & FARRAR'S COLUMBIA PARK ADDITION TO THE CITY OF SEATTLE CONSTRUCTED BY JOHN W. DEMCO ACCEPTED BY CITY AS COMPLETE D APRIL 18, 2001 FIFTEEN YEAR PERIOD ENDS: APRIL 18, 2016 STREET USE PERMIT W6332 Development of 2-Story Office/Retail Building with Basement Parking at 5224 Wilson Ave South Lots 16-18, Block 8, Burke & Farrar's Columbia Park Addition to the City of Seattle, recorded in Vol. 18 of plats, page 25, Records of King County, Washington.