HomeMy WebLinkAbout20100727000937 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 072710 Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001 01111 10 1111 1111 0110 0 II
20100727000937
PACIFIC NW TIT AG 68.00
PAGE-001 OF 007
07/27/2010 12:20
KING COUNTY, WA
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Project No. FAC10-0002
Reference#(if applicable): N/A PACIF NpR�HYj �d b LE
Grantor/Borrower: Valley Regional Fire Authority toctr/,,
Grantee/Assignee/Beneficiary: City of Auburn �t
Legal Description/STR: NW 1/4 SE 1/4 S9—T21 N —R5E
Assessor's Tax Parcel ID#: 092105-9022 1
THIS AGREEMENT made and entered into on the Lt day of d c:+,+ , 20 (D,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Valley Regional Fire Authority, hereinafter referred
to as "Property Owner",
RECITALS
1. The Property Owner is the owner of real property in the
City of Auburn, County of /1 King ❑ Pierce, State of Washington, located at 31290 124th
Avenue SE and described as shown on Exhibit "A," attached hereto (the "Property").
2. The Property Owner desires to make certain improvements or develop the
Property; and,
3. In connection with the improvement or development of the Property, certain
street-public works improvements would need to be made or otherwise provided for; and,
4. 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
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5. As provided for by Titles 12and 17 of the Auburn City Code, the City Engineer has
approved the request to delay the placement of street-public works improvements to serve
the 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
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 (the "Improvements").
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owner hereby agrees and covenants that they shall construct or
cause to be constructed the Improvements described below at their expense upon
notification by the City that the Improvements are to be constructed. In the event
the City determines to construct the improvements as part of a public works project
the property owner, or owners, shall pay the City a 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. In the event that the Property is subdivided or sold in the future, the
Property Owner agrees to include as a condition of sale or a restrictive covenant the
condition that the obligations to make, construct, install or provide for the
Improvements shall apply to the subdivisions and future sales of portions of the
Property. The condition of sale or restrictive covenant shall also provide that the
pro-rata 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
Improvements shall arise upon not less than thirty (30) days prior written notice to
the Property Owner by the City. The Property Owner shall make, construct, install
or provide for said improvements not later than eighteen (18) months after the date
of the written notice from the City.
Notwithstanding the timelines in this section, all improvements shall be completed
not later than ten years from the date this agreement is executed.
Agreement for Deferral of Improvements
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4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be as
follows:
One-half (1/2) of a local residential street (SE 314th Street), including pavement,
undergrounding of utilities, landscaping, storm drainage, curb & gutter, sidewalk,
illumination, channelization, and signing from the access driveway to 125th Avenue.
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 legal remedies available to the City, if the Property
Owner fails to make, construct, install or provide for the construction and installation
of the 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, or file a lien on the property of the
Property Owner 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 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 ®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.
Agreement for Deferral of Improvements
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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
connection with, or incident to the execution of this Agreement 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.
Agreement for Deferral of Improvements
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CITY OF AUBURN:
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 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 � , 20
=O Notary Public in and for the State of Washington
N ,.���. =o Residing at
, �► '%,,�t_�g.'�"`= My appointment expires >> i r 1 r
i,,iaFO„WAS�`\`��
Agreement for Deferral of Improvements
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•
PROP -TY OWNER(S):
4
Er' E. Robertson
O ER
Administrator
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
(/ , )ss.
COUNTY OF 1�.n5 )
On this day personally appeared before me, F t 1 L k c bb-Y-i Sru , and
, to me known to be the MI VY0L317kt ' 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 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 I day of L1t. , 20k)
Yt 4 . � 6,00/0
S ,�' fit''.
5 4"PA. t c-, (ii niL A P aler mo
ti, . 1, Notary Public 'n .nd for the sate of Washington
$ 4� o Residing a I l, J_t-
�, ., My appoin ment expires
HS/tlb/rt
File: #1288
Ref: H:\Development\Projects\VRFA Station#34\FAC10-0002 VRFA Station#34\Agreements&Checklist
Information\2010
Agreement for Deferral of Improvements
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•
EXHIBIT A
LEGAL DESCRIPTION (PER STATUTORY WARRANTY DEED, KING COUNTY
RECORDING NUMBER 20091022001017)
THE SOUTH 282.85 FEET OF THE WEST 365 FEET OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN
KING COUNTY, WASHINGTON,
EXCEPT THE WEST 30 FEET THEREOF FOR ROAD (124TH AVENUE
SOUTHEAST) (ALSO KNOWN AS LOT A, KING COUNTY LOT LINE ADJUSTMENT
NO 8812027, RECORDED UNDER RECORDING NO 9006081706),
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES
BY DEED RECORDED UNDER RECORDING NO 9109191513.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Agreement for Deferral of Improvements
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