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A. General. The utility may enter into any contracts authorized by Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of property owners constructing public facilities, commonly known as latecomer agreements.

B. Requesting a Latecomer Agreement. A property owner may request a latecomer agreement if the owner constructs a public water facility that benefits property in addition to the owner’s property and it is not feasible for the owner to include such other property owner in the utility developer extension agreement. The request must be made in writing and unit costs must be provided before the utility accepts the public water facility.

C. Zone of Benefit. The utility shall determine what properties benefit from the public water facility that shall be subject to the latecomer agreement.

D. Method of Cost Allocation. The utility shall determine the method of cost allocation used.

E. Recording. The utility shall record the latecomer agreement with King County against the benefitting properties, at the property owner’s expense.

F. Cost to Latecomer. As a condition of connection to the public water facility, each latecomer shall pay, at the time of connection, his/her pro rata share of the construction costs of the water facility, which are determined by the utility and specified in the latecomer agreement. Construction costs shall include but are not limited to design, installation, inspection, construction management, interest and the utility’s project management costs.

G. Agreement Duration. Latecomer agreements may be in effect for up to 20 years following acceptance of the water facility.

H. Forwarding Latecomer Payment. While the latecomer agreement is in effect, the utility will collect the latecomer payments and forward them to the property owner who paid for the water facility, as specified in the agreement. (Ord. 5963 § 1, 2010.)