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SUBSTITUTE RESOLUTION
12/17/85
INTRODUCED BY:
PROPOSED BY: Public Works Dept.
DATE INTRODUCED: December 19, 19E
RESOLUTION NO. 85 -65
RESOLUTION AMENDING THE SEWER CONNECTION
AGREEMENT NORTH BELLINGHAM SERVICE AREA
WHEREAS, the Whatcom County Council did approve a form contract for th(
sale of County -owned sewer connections for the Ferndale Wastewater Treatment
Plant; and
WHEREAS, the Council has determined that it is necessary to clarify to
future purchasers the true intent of the Council in regards to the terms of
annual installments and the terms for accelerated payments.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
Sewer Connection Agreement shall be amended in accordance with Exhibit A
attached; more specifically Section III.
PASSED this 19th. day of December 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
WILLIAM P. ROEHL
Chairperson
ATTEST:
aro ergson
Clerk of the Council
APPROVED AS TO FORM:
Ranaaii j. wa t
Civil Deputy PhIcuting Attorney
Resolution - 1.
date drafted: 12/18/85
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EXHIBIT A
SEWER CONNECTION AGREEMENT
NORTH BELLINGHAM SERVICE AREA
THIS AGREEMENT, entered into by and between WHATCOM COUNTY, Washington,
hereinafter referred to as the "County," and ,
hereinafter referred to as the "User," owners of the following described
property:
TAX NO. SECTION TOWNSHIP RANGE
W I T N E S S E T H
WHEREAS, the User desires to obtain sewer service from the County and
to enter into a sewer connection agreement; and
WHEREAS, the County requires commitments from Users in order to obtain
financing for the sewer system;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, it is hereby understood and agreed by the parties
hereto as follows:
I. The County shall furnish sewer service consisting of:
a. The right to discharge sewage to a force main; and
b. Treatment of the sewage discharged at the City of Ferndale
wastewater treatment plant.
II. The sewer service described above shall be provided upon the
following conditions:
a. It is the intent of the County to approve the number of con-
nections for the subject property in accordance with the existing and hereafter
amended Whatcom County Comprehensive Plan, Subdivision, and Zoning Ordinances.
The granting of connection(s) does not constitute a warranty that the subject
property may be developed at a level in excess of, or at variance with, the pro-
visions of the aforesaid land use controls.
b. The User shall comply with and be bound by the laws, rules
and regulations of the County now in force or as hereafter duly enacted, supple-
mented, amended or changed insofar as they ;'elate to provision of sewer service.
C. The User shall pay for sewerage service at such rates, times
and places as shall be determined by the County; provided, however, such rates,
methods of collection and penalties -for late payment shall be uniform for all
Users within the class of service.
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d. The User is hereby purchasing "connections" for a dwelling
unit(s) or the equivalent in usage. Each dwelling unit, or its equivalent in
usage, attached to the sewer system shall constitute one connection even though
the number of structures connected to the force main shall be fewer than the
actual number of dwelling units. A "dwelling unit" shall include a structure,
or portion thereof, having independent cooking and sleeping facilities which is
intended for occupancy by only one individual, or family, and is physically
separated from other dwelling units in the same structure or on the same pro-
perty. Non - residential /commercial connections (measurement of equivalent
usage): Meters or other flow determiners, as required by Whatcom County and the
City of Ferndale, shall establish the number of equivalent dwelling units
created by said use; but in no case shall such use be considered less than one
connection.
e. A connection permit shall be obtained from the County prior
to connection to the sewer system.
f. The User shall provide, at User's expense, collector systems
for each connection and a conveyor system for each such connection. User shall
be responsible for the cost of connection to the main sewer system.
g. The User hereby grants, without cost, to the County, its suc-
cessors or assigns, a perpetual easement over, under and upon any lands subject
to this agreement, for the purpose of permitting inspection of the collection
and conveyor systems to insure that they are in compliance with County laws,
rules and regulations.
h. The County shall have final authority to determine the loca-
tion of any service connection to its sewerage system. The County reserves the
right to approve or disapprove additional connections after the final commitment
stage for construction of the sewerage system.
i. The User shall not make any connections or extensions of his
service line, for any purpose, without the express written consent of the
County.
J. The User hereby consents to a transfer of the system by the
County to the City of Ferndale at such time as the County and the City agree to
such transfer.
k. The County shall not issue a building or other land use per-
mit or variance for any building, structure or property which is delinquent in
any payments or fees required by this agreement.
III. PROMISSORY NOTE:
In consideration of the foregoing, the User hereby agrees to pay
to the County the sum of $ for each connection, payable 94 4)-p be-f We.
4eeember �1,-- 1 °�.;� -; within thirty (30) days after the date of execution of this
contract. Provider; tW User sh5Tihaae tYe—o ption to a s ki
payment purchase said connections in -te4 -F-4. equal annual
insto11menis off$ - area -�d it - a ��� rate -&€
�-a }. (This option unds a .purchase based_ on the urp chastise rp ice existing
at the end o7-Te instO-lnjen_T shal 1 commence off
-
Deeembep 34 - are payeW -e -eff eL+ei� p►ee � 31-A zk.-eerea; ter. within
t�hi_rU (30) days of the execution date of this contract and are pa_yaBTe aan_nu_a_l_ly
on that date the aymen . 'ii�inrua�"� -rris a men s may`Fe acceTera ed�,Y —
56 -Tser so as o pay t e connection fee prior to the end of the 10-year
installment period. The total connection fee shall then be in accordance with
the connection fee rate existing at the time of the final accelerated payment.
Credit shall be given for the sum of contract
payments made �
ro to the final
accelerate eym,nt. =# :� _Tu::F -t -rt� t- e4—a#fie r
11 m 34–, x .a {��fiee T s e p ' n� " shall pa:3 o% year's
- nta 4'CSaG ii6c TQTC �' "rtve�tZTd va zinterest 1'Vm".} be
payable ,}ll,,'' tt 77,ne,9}Oeee m ', 198 3
This note with interest is secured by a deed of trust of even date
herewith executed and delivered by the makers hereof, to the County, conveying
the real estate which is the subject of thi's agreement, or other real estate
having sufficient equity to cover the indebtedness created herein. The County
reserves the right to require a credit report, and User hereby consents thereto,
at User's expense.
IV. DEFAULT AND REMEDIES:
a) Alternative Remedies. Delinquent installments of the afore-
said note shall bear nterest a e maximum allowable rate. In addition, if
User fails to make any payment precisely when due, or breaches any term or pro-
vision of this agreement, County may, at its option, exercise any of the
following remedies:
(i) Suit for Deline�encies.
n County may institute suit for
any installments or other sums the due an payable under this agreement
together with interest thereon at the maximum allowable rate from the date each
such payment was due.
(ii) Forfeiture. County may elect to declare a forfeiture of
and cancellation of this agreement arid., upon such election being made, all
rights of User hereunder shall cease and terminate. All payments made by User
hereunder shall be retained by County -in liquidation of all damages sustained by
said default. Provided, upon receiving written demand for payment from the
County, User may avoid forfeiture by payment of the installment amount plus a
penalty of 15% of the unpaid balance of the total indebtedness within 30 days of
the date of notice.
(iii)Foreclosure. County may elect to declare a default
within the terms of the eae—d — oT_tust and foreclose upon the subject property in
accordance with the laws of the State of Washington.
b) Costs and Fees: In case suit is institute under any of the
foregoing provisions Coun ty shall be entitled to its costs and attorney fees.
V. Unused connections purchased by the User may be transferred by the
User to other property within the boundaries of the sewer service area subject
to the approval of the County. User may impose a transfer -Fee. Such fee shall
not be in excess of the applicable rate set forth in Exhibit "A." Provided, the
County reserves the rights of first option to purchase any unused connections
offered for resale. Such option shall be exercised by the County no later than
60 days from receipt of notice of User's desire -to transfer said connection(s).
r3.
VI. It is understood that the County intends to finance the construc-
tion and acquisition of the sewerage system in the near future. The County
agrees to use its best efforts to obtain financing for the construction of such
system. It is further understood that the County will require a sufficient
number of advance commitments in order to proceed with the financing of the
sewerage system. The User's obligation to make payment under the provisions of
this agreement is unconditional and not contingent upon connection to, or
receipt of, sewer service.
VII. This agreement shall be enforceable and binding upon all parties
hereto, their heirs, devisees, legatees, administrators, executors, successors
and assigns, upon its execution. The County reserves the right to require a
title report on any and all properties subject to this agreement at the user's
expense.
DATED this
STATE OF WASHINGTON)
COUNTY OF WHATCOM ) ss
day of
1982.
USER:
Number of Con-
nections Purchased:
SIGNATURE:
�To e signed y husband and wife,
if married.)
Date of execution:
On this day personally appeared before me
, known to be the individual (s) described in and who
executed the within an oregoing instrument, and acknowledged that
signed the same as free and voluntary act and deed, for the uses an
purposes therein ment one
GIVEN under my hand and official seal this day of ,
1982.
ATTEST:
Clerk of e Council
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NOTARY PUBLIC in and for the State
of Washington, residing at
ACCEPTED:
WHATCOM COUNTY, WASHINGTON
By:
County Executive