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Home My WebLink About20151026001440 LOCAL IMPROVEMENT DIST NO PROTEST AGREE 10/15/2015 to, S 3v-21 -U$ t . A'pP)�Rr ". 11TIC.AN_-- 3 " li iReturn Address: 1V {" City of Auburn City Clerk 25 Wes AuburntWAn98001 II I III II I I I II I III Illlll .I II II,II I! 20151026001440 FIRST AMERICAN AG 78.00 PAGE-001 OF 006 10/26/2015 16:20 KING COUNTY, WA Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No.SDR15-0004 Reference # (if applicable): N/A record as an accc•nmodation on*. Grantor/Borrower: Warm Homes Inca has not been examined as m Grantee/Assignee/Beneficiary: City of Auburn r O n t execution or I to it/3 o4r t won title. Legal DescriptionlSTR: The south 85 feet of the north 432 feet of the west half of the west half of the northeast quarter of the southeast quarter of Section 30,Township 21 N, Range 5 E, W.M. Less the east 100 feet thereof Less the west 110 feet thereof Assessor's Tax Parcel ID#: 302105-9196 THIS AGREEMENT made and entered into on the 15 day of OG , 2015, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as"City", and Warm Homes Inc.hereinafter referred to as"Property Owner", WITNESSETH: WHEREAS, the Property Owner is/are the Owner of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at the 3334 'M' PI SE and described as shown on Exhibit "A", attached hereto. WHEREAS, the Property Owner desires to make certain improvements or develop the above-reverenced 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, LID No Protest Agreement Page 1 of 6 WHEREAS, the Property Owner agrees to provide for those street tree - public works improvements through participation in a future Local Improvement District ("LID") encompassing those improvements, should one be formed; and, WHEREAS,the Asst. Director Engineering/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 Owner, the City agrees to allow the Property Owner 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 right 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: Half street improvements along the south side of'M' PI SE consistent with the City of Auburn Design Standards for a local residential roadway, which includes installation of a 5-foot sidewalk, 5.5-foot landscape strip, curb and gutter, street lights, a 14-foot travel lane from the centerline of the existing roadway, undergrounding of existing aerial utilities along the frontage of the property and a residential driveway per City of Auburn Standards. 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 LID No Protest Agreement Page 2 of 6 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 Eking ❑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 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 se: 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 EXHIBIT A The south 85 feet of the north 432 feet of the west half of the west half of the northeast quarter of the southeast quarter of Section 30, Township 21 N, Range 5 E, W.M. Less the east 100 feet thereof Less the west 110 feet thereof LID No Protest Agreement Page 4 of 6 • CITY OF AUBURN DATED this 1"/ day of 0c//,, , 2015. / A �, �t- for of Engi g / City Engineer STATE OF WASHINGTON ss COUNTY OF KING I certify that I know or have satisfactory evidence that Ingrid Gaub 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 Asst. Director of Engineering /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 f 9 day of Ce-'kbr-P-, , 2015. / • • -_ /AS) � '4 Notary P blic-innd for the S ate f Washington to S Residing at -1-'(.9-J--? to .owit +y • yA ��OM. S My appointment expires /l�(altc' ` O 'iuhe, wAStot47. LID No Protest Agreement Page 5 of 6 PROPERTY OWNER(S): V �vV AUTHORIZED SIGNATURE Pre_s,: ckh -4- TITLE AUTHORIZED SI NATURE v ti (a TITLE STATE OF WASHINGTON ) ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that — warm''\- and �YC/v1\(t5 � ,,��O/�y�O are the persons who appeared before me, and said persons`�ckndwledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the 9 re.,-■otAAA'S and U t Lt at-eS1oe-,-.1 of WARM HOMES INC, a corporation, to be the free and voluntary act of such parties for the uses s.nd purposes mentioned in this instrument. GIVEN under my hand and official seal this )(.> day ofUZ , 2015. �Et1CK ��4 4 4y.pitte„IN 11111110,- y • U 0- soo p 'q - y= Not. - Public in and for the St e of Washington y 'a 6�, P — Residing at VVVA- 1i G'l s /6 '9TAT�\oF� - My appointment expires 1 C7-f Se' SAS/tlb Agreement for Deferral of Improvements Page 7 of 7