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Home My WebLink About201007120206 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 071210 PACIFIC NORTHWEST , -� 01111 II 1 111111111111 I ��- z01001120206 07/12/2010 11:36:10 AM $68.00 Return Address: PIERCE COUNTY, WASHINGTON City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS FAC04-0015 Reference#(if applicable): N/A Grantor/Borrower: 1) Evann LLC PACIFIC NORTHWEST 11114 Grantee/Assignee/Beneficiary: City of Auburn - 'L Legal Description/STR: SW 1/4 of 05-20N-05E 1 C9( -L. Assessor's Tax Parcel ID#: 052005-3050 THIS AGREEMENT made and entered into on the t-5 day of PA(4- , 2010, by and between the City of Auburn, a municipal corporation of the State of ashington, hereinafter referred to as "City", and Evann 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 E Pierce, State of Washington, located at Lake Tapps Parkway&Old Man Thomas Road 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 tree - public works improvements would need to be made or otherwise provided for; and, WHEREAS, the Property owner desires to defer those street tree - public works improvements to a later time, and has requested agreement by the City for such deferral; Agreement for Deferral of Improvements Page 1 of 7 ' M and, WHEREAS,the Assistant Director of the Public Works/City Engineer of the City of Auburn has approved the request to delay the placement of street tree - 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 owner, the City agrees to allow the Property owner to delay the installing and providing for the street tree-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 they shall install the deferred improvements described below at their expense upon determination by the City of Auburn that the improvements have become necessary. In the event the City determines to install 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 installation, 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 install or provide for the street tree - 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 install and provide for the street tree - 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 install or provide for said improvements shall be not later than twelve (12) months after the written notice by the City. 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: Installation of Street Trees in Pinnacle Estates Final Plat for Phase Two (2) as required by the City of Auburn's Design Standards. Located within the street frontages of lots 75 thru 102. 5. NONEXCLUSIVE REMEDIES In addition to any and all other remedies available to the City, at law or in equity, if the Property owner fail to install or provide for the improvements, or otherwise arrange for the installation of such improvements, then the City shall be entitled and authorized to 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 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 installation or effect of this agreement, or the rights of the parties to this agreement, it is agreed that venue shall be in (King zPierce 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 Liking EPierce County Auditor or Recorder. Agreement for Deferral of Improvements Page 3 of 7 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 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 mot 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 Page 4 of 7 CITY OF AUBURN SJJ?P Assistant Director of the 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 Director of the Public Works/ 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 i 3 day of P')!}-/ , 2010. Cc?' /ci ' 1. e .., $ ,��, %; - AP +O) "' ( ; Notary Public in and for the State Gif Washington s 111 •• - Residing at 7'L ;r - ) '**tic / = My appointment expires c 1/1 /1 (r • 'AT tit' �a`t!I#,111 tl fli Agreement for Deferral of Improvements Page 5 of 7 PROPERTY OWNER: • e) OWNE ) / /, , , I('-'0; TITLE OWNER TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that Wade Thuline 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 acknowledge as the M,r-,,,a �z of Evann, LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this I'3 day of tN ".#4t\$4 \� �' ` . , 2010. ti ` • 4'1,,. .,� Ai ; 1RES C /t. `l `Z I ia * •% a of_ cc i1 -,; di T pt r,• i � 'o,,, Q - Notary Public in and for the tate of Washington i/f,,e „STA��o��=' Residing at I ��.;�:,ci r��.:1-:'t-- 1111„%\\NV My appointment expires r 1 / ,�� f/I t LED/tlb/rt File: 1004A Ref: H:\Development\Projects\Pinnacle Estates\FAC04-0015\Legal Documents\2010 Agreement for Deferral of Improvements Page 6 of 7 Exhibit "A" LEGAL DESCRIPTION PROJECT NAME: Pinnacle Estates PROJECT ADDRESS: Southwest Quarter of Section 05, Township 20 North, and Range 05 East Old Man Thomas Road and Lake Tapps Parkway PROJECT PARCEL#: 0520 05-3050 THE NORTHWEST QUARTER OF THB soUTHWEST QUARTER OF SECTION s, TOWNSHIP 20 NORTH, RANGE 5 'BAST OF THHN.M., IN PIERCE COUNTY, WASHINGTON. EXCEPT THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHEAST CORNER Or THE ABOVE SAID BUBDIVISIONJ THENCE NORTH ALONG TIDE EAST LINE THEREOF TO THE NORTHEAST CORNER OF SAID SUBDIVISION, THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 470 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT Or BEGINNING. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 9906021.036-FOR ADDITIONAL RIGHT OH RAT FOR SUMNER - TAPPS HIGHWAY EAST EXTENSION. Title to said real property is vested la: PSNACLES, INC., A WASHINGTON CORPORATION Agreement for Deferral of Improvements Page 7 of 7 a