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Home My WebLink About20090923000636 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 082509Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PACIFIC NU TI' PAGE-001 OF 01 09/23/2009 11 KING COUNTY, I Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. GRA08-0038 LID 6 Reference # (if applicable): N/A f , irlp y y y{tf c) Pl i_ Grantor/Borrower: Thai & Audrey Nguyen Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW'% S21 - T21 N - R5E `.I . Assessor's Tax Parcel ID#: 212105-9068 THIS AGREEMENT made and entered into on the 2-19-/day of 2009, by and between the City of Auburn, a municipal corporation of the State of ashington, hereinafter referred to as "City", and Thai & Audrey Nguyen, hereinafter referred to as "Property Owners", WITNESSETH: WHEREAS, the Property Owners are the owners of real property in the City of Auburn, County of ® King El Pierce, State of Washington, located at 3415 Auburn Way South and described as shown on Exhibit "A," attached hereto. WHEREAS, the Property Owners desire 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 Owners agree 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, LID No Protest Agreement WHEREAS, the Assistant Director of the Public Works Department/ City Engineer of the City of Auburn agrees that the Owners 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. OWNERS WILL NOT PROTEST FORMATION OF LID The Property Owners agree 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 Owners retain the rights to object to the Owners' 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 principal arterial, including pavement, under-grounding 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." LID No Protest Agreement Page 2 of 6 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. 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 Owners 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, ofwhatsoever kind or nature, brought against the City by third parties arising out of, in connection with, or incident to the execution of this Agreement and/or the Property Owners' performance or failure to perform any aspect of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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. LID No Protest Agreement Page 3 of 6 CITY OF AUBURN: r-1 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 Salle 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 I 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 day of L U s.1 2009. N . Notary Pub 4c nand fc % Residing at My appointment expir( i/14ttop W~ LID No Protest Agreement PROPERTY OWNERS: GRANTOR nwuer TITLE GRANTOR V oU/Nr"i6C - TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) n this daypersonally. appeared before me,` I^4 &T- V iN•+ 13[.u%es-iJ , and QAwQ l~r. o iti n~ , to me known to be the n wg~1 YL and F~wrms)~ of or on behalf of the Property Owners, and the individual or individuals described in and who executed the within foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the above agreement as or on behalf of the Property Owners. GIVEN under my hand and official seal this day of t--J,JtiJ~ 2009 MICHAEL J. SACHWITZ ► ~"~'`F ~t NOTARY PUBLIC Notary Public in n and for r the State of Washington STATE OFWASNINGTON Residing at i &Jl - lANeuARV192013 My appointment expires ~e►~ti t9. 7.61-5 HS\tlb File: #1247 EXHIBIT A LID No Protest Agreement Page 5 of 6 LEGAL DESCRIPTION THE NORTH 225 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINTION; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON LID No Protest Agreement Page 6 of 6