HomeMy WebLinkAbout20091008000874 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 092809Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
FAC09-0009
-z-
Grantor/Borrower: 1) Ronald Claudon 2) Lori Anne Claudon
Grantee/Assignee/Beneficiary: City of Auburn _ 3
Legal Description/STR: NE Y<S 8, T21N, R5E
Assessor's Tax Parcel ID#: 333940-0281 " ` i ✓ 13 1j W-
THIS AGREEMENT made and entered into on the 2L day of 2009, by
and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Ronald and Lori Anne Claudon, hereinafter referred to
as "Property Owner" (s),S.~u u.e~ qa3
WITNESSETH: : crn I : c r e
sac: -as ;o C a at u;;a:c~euw.°
WHEREAS, the Property Owners is the owner of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 30610108th Ave
SE 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 desire 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 Public Works / 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 Owners, the City agrees to allow the Property
Owners to delay the making, constructing, installing and providing forthe street-public
works improvements identified and set forth in paragraph 4 of this agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owners hereby agrees and covenants that he/she/they shall construct or
cause to be constructed the deferred improvements described below at his/her/their
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 Owners
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 Owners 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 Owners 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 the local residential street improvements 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 Owner should fail to make, construct, install or provide for the 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 Owners for 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 Owners 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 ®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. 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.
Agreement for Deferral of Improvements
10. RECORDING
An executed copy of this agreement shall be recorded among the land records of the
~1I<ing ❑Pierce County Auditor or Recorder.
11. 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, 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.
Agreement for Deferral of Improvements Page 4 of 7
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and
year first above set forth.
CITY OF AUBURN
Assistant Director of Public Works/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
Assistant /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 ~)K day of - ~ a Lq 11 2009.
LA V
TA*
43,
Notary Public in and for the S to of Wa hington
y7~ -19-1, G0 : Residing at L1 en c ,h t-
ra,,r Olt. WASMy appointment expires r, i
Agreement for Deferral of Improvements Page 5 of 7
PROPERTY OWNERS:
RANt8K
TITLE
GRANTOR
TITLE
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On_tIais day personally appeared before me, Cl-ta,
and
, to me known to be the
and QIbl)eWIZ4 CD - 7.~ of or on behalf of the Property Owners, and the
individual r 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 Owner(s).
GIVEN under my hand and official seal this ~ day of 2009.
01 kQ 0 L4
Notary Public in an Qr the State of Washington
Residing at IA)/. Aytt412q lYl_,
► My appointment expires 01 / J
Agreement for Deferral of Improvements Page 6 of 7
EXHIBIT `A'
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
LEGAL DESCRIPTION
THE NORTH HALF OF TRACT 14 IN BLOCK 3 OF C.D. HILLMAN'S
AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 1,
ACCORDING TO PLAT RECORDED IN VOLUME 13 OF PLATS AT PAGE(S)
62, IN KING COUNTY, WASHINGTON.
ent for Deferral of Improvements Page 7 of 7