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Home My WebLink About20071107002012 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 091707(10 13) Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 ~m PACIFIC NW TIT PAGE001 OF 006 11/07/2007 16:08 KING COUNTY, WA 111111111 sAbove this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS (Project No. FAC06-0034) Reference # (if applicable): 1 Grantor/Borrower: Lawson Place LLC Grantee/Assignee/Beneficiary: City of Auburn 1 1~5 Legal Description/STR: SW-21-21-05 l Assessor's Tax ParcelID#: 212105-9059\212105-9131 THIS AGREEMENT made and entered into on the c24 day o 4-eM baz, 2007, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and Lawson Place LLC, hereinafter referred to as "Property Owner", Said document(s) were fxed for record by Pacific Northwest T1 0e *6 WITNESSETH: aeoommodation only. it h" not been examined as to proper exeouaon or WHEREAS, the Property Owner is the otwner` oY° etar* property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 3801 and 3815 Auburn Way South 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 6 WHEREAS, the City Engineer of the Public Works Department 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 sufficiencyof 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 shall construct or cause to be constructed the deferred improvements described below at his 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 agree 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. 4. DESCRIPTION OF IMPROVEMENTS Agreement for Deferral of Improvements Page 2 of 6 The improvements to be included in connection with this agreement shall be as follows: One-half (1/2) of a (local access street; collector arterial; minor arterial; principal arterial), including landscaping, storm drainage, curb & gutter, sidewalk, and illumination. 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 Owner fails 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 Ownerforthe 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 Ownerwithin 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 ®King ❑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. RECORDING An executed copy of this agreement shall be recorded among the land records of the ®King ❑Pierce County Auditor or Recorder. 10. 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 for Deferral of ImprovementsPage 3 of 6 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. 11. 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. CITY OF AUBURN 0,2-~ CITY ENGINEER STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 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 City Engineer of Public Works 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 day of l~~l! 2007 171 slo F-I•o :Z l.- a 1?j hit) f U p10 TA 9m 2 Public irl and fore State gf Washington Notary LO N~•'•, pt/BLIG c Residing at, rL~i t~- ~y~., My appointment expires 4D --2 4, F 29A Gam, WASN1N Agreement for Deferral of ImprovementsPage 4 of 6 O R TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Kathy Dahm is the person who appeared before me, and said person acknowledged that she signed this instrument on oath stated that she was authorized to execute the instrument and acknowledge as the C`ntrvv.b.c2 of Lawson Place a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated (q Nt. BE fit atAR~ Ti~py~'y i i ~i ~u8~"10r 9TF OF •NiP`'~` Agreement for Deferral of ImprovementsPage 5 of 6 EXHIBIT A ATTACHMENT FOR LAWSON PLACE PLAT LOTS 1 AND 2, CITY OF AUBURN SHORT PLAT NUMBER SP-5-77, RECORDED MAY 5, 1977 UNDER RECORDING NUMBER 7705050659; BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. Agreement for Deferral of Improvem