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Home My WebLink About20091118001495 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 111709Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. FAC09-0013 Reference # (if applicable): N/A Grantor/Borrower: Auburn Professional Plaza, LLC Grantee/Assignee/Beneficiary: City of Auburn / Legal Description/STR: SE %NE'/. S13-T21N-R4E Assessor's Tax ParcelID#: 049200-0460 & 049200-0463 THIS AGREEMENT made and entered into on the day of 2009, 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 ® King ❑ Pierce, State of Washington, located at 120 & 1241'` 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 agrees to provide for those street-public works improvements through participation in a future Local Improvement District ("LID") encompassing those improvements, should one be formed; and, No Protest Agreement Page 1 of 6 WHEREAS, the Assistant Director of the Public Works Department / City Engineer of the City of Auburn agrees that the Owner may provide for the placement of street-public works improvements to serve the herein legally described property through participation in a future LID, NOW THEREFORE, based upon good and valuable consideration, the sufficiency of which is hereby acknowledged, IT IS AGREED as follows. 1. LID PARTICIPATION In connection with this agreement, and in connection with the development and/or improvement to the land of the Property Owners, the City agrees to allow the Property Owners to provide for the making, constructing, installing and providing for the street-public works improvements identified and set forth in paragraph 4 of this agreement through participation in a future LID. 2. OWNER WILL NOT PROTEST FORMATION OF LID The Property Owner agrees not to protest the formation of an LID for any or all of the street improvements identified and set forth in paragraph 4 of this agreement, if initiated by the City or by property owners adjacent to or benefiting the property. The Owner retains the rights to object to the Owner's individual assessment and to appeal the final assessment roll to the superior court. 3. TERM OF AGREEMENT Pursuant to RCW 35.43.182, this Agreement shall terminate ten (10) years after its date of execution. 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 1s` 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. 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." 6. 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. LID No Protest Agreement Page 2 of 6 7. 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. 8. RECORDING An executed copy of this agreement shall be recorded among the land records of the ®King ❑Pierce County Auditor or Recorder. 9. 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. 10. 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. 9 LID No Protest Agreement Page 3 of 6 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 1-4- day of BApG;fh// -'n _ z i W yi AVSV~ 02 /httttOF W No~~Q.ti~h~92 . 2009. Notary Public in and for the State of Was ingto Residing at s.~ e o Q : - My appointment expires t t 1 F I n LID No Protest Agreement Page 4 of 6 PROPERTY OWNER(S): At.J6L( v 02VP 5516ov& pv9 .4L14 GR TO 2 /73 /W*ftdF~,? TITLE GRANTOR TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day personally appeared before me, to me known to bteth4&~" and of or on behalf c individual or individualcribed in and who execu and acknowledged th he/they signed the same and deed, for the uses and purposes therein me UI e/ e/they is/are authorized to execute the above roperty Owner(s). GIVEN under my hand and official seal this 04~ and B -thg ithin foregoing instrument, his/ /their free and voluntary act itioned, and on oath stated that agreement as or on behalf of the day of ~sl~i,~~ , 2009. `pttttt fl~cSN qAy Notary Public in and for the /State of Washington AVBLIC y. Residing at My appointment expires Dtf 0 l 110 HS/tlb/jr File: 1276 Ref: H:\Development\Projects\Mel's Lumber\Legal Documents\2009 LGG LID No Protest Agreement Page 5 of 6 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. LID No Protest Agreement Page 6 of 6