The URL can be used to link to this page

Home My WebLink About20091118001496 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 111709Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 111111111111111 001496 68. 00 Above this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS Project No. FAC09-0013 :e # (if applicable): N/A Grantor/Borrower: Auburn Professional Plaza, LLC 7~ l Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE NE 1/4 S13-T2121N -R4E Assessor's Tax Parcel ID#: 049200-0460 & 049200-0463 THIS AGREEMENT made and entered into on the 101 day of No VCM60V 0_9J by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Auburn Professional Plaza, LLC, hereinafter referred to as "Property Owner", WITNESSETH: WHEREAS, the Property Owner is the owner of real property in the City of Auburn, County of f❑ King ❑ Pierce, State of Washington, located at 120 & 124 1s` Street NW and described as shown on Exhibit "A," attached hereto. WHEREAS, the Property Owner desires to make certain improvements or develop the above-referenced property; and, WHEREAS, in connection with the improvement or development of such property, certain street-public works improvements would need to be made or otherwise provided for; and, WHEREAS, the Property Owner desires to defer those street-public works improvements to a later time, and has requested agreement by the City for such deferral; and, Agreement for Deferral of Improvements Page 1 of 7 WHEREAS, the Assistant Director of the Public Works Department / City Engineer of the City of Auburn has approved the request to delay the placement of street- public works improvements to serve the herein legally described property; NOW THEREFORE, based upon good and valuable consideration, the sufficiency of which is hereby acknowledged, IT IS AGREED as follows: 1. DELAY OF IMPROVEMENTS In connection with this agreement, and in connection with the development and/or improvement to the land of the Property Owner, the City agrees to allow the Property Owner to delay the making, constructing, installing and providing for the street-public works improvements identified and set forth in paragraph 4 of this agreement. 2. CONSTRUCTION OF IMPROVEMENTS The Property Owner hereby agrees and covenants that he/she shall construct or cause to be constructed the deferred improvements described below at his/her expense upon determination by the City of Auburn that the improvements have become necessary. In the event the City determines to construct the improvements as part of a public works project the property owner, or owners, shall make payment to the City of Auburn of the pro-rata share of the cost of the project. Such costs shall include but are not limited to engineering, permitting, construction, inspection and other project related expenses, which benefit the property of the Property Owner, described on Exhibit "A" attached hereto and incorporated herein by this reference. In the event that said property is subdivided or sold in the future, the Property Owner agrees to include as a condition of sale and/or a restrictive covenant the condition that the obligations to make, construct, install or provide for the street-public works improvements identified and set forth in paragraph 4, below, shall apply to the subdivisions and future sales of portions of the property identified on Exhibit "A". The condition of sale and/or restrictive covenant shall also provide that the aforesaid pro-rata fair share of each portion of the property shall be divided amongst the subdivided lots 3. NOTICE AND TIME OF CONSTRUCTION The obligation of the Property Owner to make, construct, install and provide for the street-public works improvements described and set forth in paragraph 4, below, shall arise upon not less than thirty (30) days prior written notice to the Property Owner by the City. The time by which the Property Owner shall make, construct, install or provide for said improvements shall be not later than twelve (12) months after the written notice by the City. It is provided, however, that the improvements shall be completed not later than ten years from the date this agreement is executed. Agreement for Deferral of Improvements Page 2 of 7 4. DESCRIPTION OF IMPROVEMENTS The improvements to be included in connection with this agreement shall be as follows: One-half (1/2) of a collector arterial on 15t St NW between A St NW and B St NW, including pavement, undergrounding of utilities, landscaping, storm drainage, curb & gutter, sidewalk, illumination, channelization, and signing. All said improvements shall be constructed in conformance with the City's design and construction standards in place at the time actual design and construction takes place. 5. NONEXCLUSIVE REMEDIES In addition to any and all other remedies available to the City, at law or in equity, if the Property Ownerfails to make, construct, install or provide forthe improvements, or otherwise arrange for the construction and installation of such improvements, then the City shall be entitled and authorized to make, construct, install or provide for such improvements and bill the Property Owner for the costs incurred in connection therewith, and/or file a lien on the property of the Property Ownerfor the amount of the City's full costs and expenses therefore, and enforce the lien in accordance with legal process. Any such billing by the City to the Property Owner shall be paid by the Property Owner within sixty (60) days of the billing, unless other arrangements are made in advance. 6. BINDING ON HEIRS, ASSIGNS This agreement shall be binding on the heirs, assigns and successors in interest of the parties hereto, and the obligations hereunder shall run with the land described in Exhibit "A". 7. CONSTRUCTION AND VENUE This agreement shall be construed in accordance with the laws in the State of Washington. In the event of any litigation regarding the construction or effect of this agreement, or the rights of the parties to this agreement, it is agreed that venue shall be in NKing ❑Pierce County, Washington. 8. COSTS TO PREVAILING PARTY In the event that either party initiates any action to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to reasonable costs and attorneys fees. 9. LOCAL IMPROVEMENT DISTRICT The Property Owner also agrees not to protest the formation of a Local Improvement District for any or all of the street improvements listed above, if initiated by the City or by property owners adjacent to or benefiting the property. 10. RECORDING Agreement for Deferral of Improvements Page 3 of 7 An executed copy of this agreement shall be recorded among the land records of the MKing ❑Pierce County Auditor or Recorder. 11. INDEMNIFICATION The Property Owner shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, in connection with, or incident to the execution of this Agreement and/or the Property Owner's performance or failure to perform any aspect of this Agreement. No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 12. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties with respect to the matters set forth herein and any prior or contemporaneous understandings are merged herein. This contract shall not be modified except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above set forth. Agreement for Deferral of Improvements Page 4 of 7 CITY OF AUBURN: Assistant Director of the Public Works Department / City Engineer STATE OF WASHINGTON COUNTY OF KING ss I certify that I know or have satisfactory evidence that Dennis Selle is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Assistant Director of the Public Works Department/ City Engineer of the City of Auburn to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this 1 1- day of ~~o~' ,~~•L , 2009. BADG i+OtAq~, ~<nm OF \W p,S Notary Public in Residing at My appointment Agreement for Deferral of Improvements Page 5 of 7 PROPERTY OWNER(S): F~buQfv YRa FS3sju,• pt4AO~ LjL g ~ OWNE TITLE OWNER TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING ) On this day personally appeared before me, and to me known to e t and of or on behalf of the Property Owner(s) and the individual or individuals described in and who executed the within foregoing instrument, and acknowledged th"she/they signed the same his~her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that L r elm/ to/they is/are authorized to execute the above agreement as or on behalf of the Property Owner(s). GIVEN under my hand and official seal this ~7d day of , 2009. tl i t...... :g`~ OVARY lp :off ;z~ :u s G 'qrF OF ~P9 ~i Residing at L'O My appointment expires oy 1;41Z7 12 2- HS/tlb/jr File: 1276 Ref: H:\Development\ProjectsWel's Lumber\Legal Documents\2009 Agreement for Deferral of Improvements EXHIBIT "A" PARCEL A: THE WEST 118 FEET OF BLOCK 7, MAP OF L.W. BALLARD'S PARK ADDITION TO SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 91, IN KING COUNTY, WASHINGTON. PARCEL B: THE SOUTH 100 FEET OF BLOCK 7, MAP OF L.W. BALLARD'S PARK ADDITION TO SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 91, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 118 FEET; TOGETHER WITH THE VACATED WEST 10 FEET OF SILVER STREET (NOW "A" STREET N.W.) ADJOINING. Agreement for Deferral of Improvements Page 7 of 7