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Home My WebLink About20190219001254 NO PROTEST AGREEMENT S w Return Address: City of Auburn City Clerk 25 West Main Auburn, WA-98001 20190219001254 AGREEMENT Rec:$105.00 2/19/2019 4:02 PM KING COUNTY,WA FIRST AAMERICAN Vv 1 1 v\� �® Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Said documents were filed of Project No. SDR18-0006 record as an accomodation only •c.. not been ex r'?.:ie:1 7c fr Reference # (if applicable): N/A Grantor/Borrower: Hidden Forest Estates LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: FLOODS 1st ADD PLAT BLOCK: 1; PLAT LOT: 3; SW Quarter of Section 07 - Township 21 N - Range 05 E Assessor's Tax Parcel ID#: 257840-0015 THIS AGREEMENT ("Agreement") made and entered into on the day of --I&N4 A4y , 2019, by and between the City of Auburn, a municipal corporation of the State bf Washington, hereinafter referred to as "City", and Hidden Forest Estates, LLC., 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 811 15th St NE and described as shown on Exhibit "A", attached hereto (the "Property"). SDR18-0006 LID No Protest Agreement Page 1 of 7 ENG-205, Revised 11/17 WHEREAS, the Property Owner has applied for permit(s) from the City under Project No. SDR18-0006 for certain improvements or development of the Property, and pursuant to Chapter 12.64A of the Auburn City Code the City has required as a condition of approval of said permit(s) certain street — public works improvements to be made or otherwise provided for; and, WHEREAS, the Property Owner agrees 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, WHEREAS, the City's Asst. Director Engineering / City Engineer agrees that the Property Owner may provide for the placement of street - public works improvements to serve the 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 As a condition of issuance of applicable City permit(s) under Project No. SDR18- 0006 and in lieu of constructing certain street - public works improvements identified in paragraph 4, below, the Property Owner consents to the formation of a LID hereafter formed by the City or other property owners for street — public works improvements fronting the Property or a portion thereof. 2. OWNER WILL NOT PROTEST FORMATION OF LID The Property Owner agrees to not protest the formation of an LID for any or all of the street— public works 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. For the purposes of this Agreement, "protest" shall mean only those formal rights to protest contained within state LID statutes. The Property Owner retains the right to object to the Property Owner's individual assessment under the LID and to appeal the final LID 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. SDR18-0006 LID No Protest Agreement Page 2 of 7 ENG-205, Revised 11/17 4. DESCRIPTION OF IMPROVEMENTS The street — public works improvements to be included in connection with this Agreement shall be as follows: A ten (10) foot sidewalk, landscape strip, curb and gutter, and appurtenances along the frontage of the property meeting the City Design Standards for the street classification at the time of construction. A street light may be required, but only if identified as being required based on the City Standards that are applicable at the time of construction. 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". 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 attorney's fees. 8. RECORDING An executed copy of this Agreement shall be recorded among the land records of the ® King❑ Pierce County Auditor or Recorder. SDR18-0006 LID No Protest Agreement Page 3 of 7 ENG-205, Revised 11/17 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 set forth herein and any prior or contemporaneous understandings are merged herein. This Agreement 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. SDR18-0006 LID No Protest Agreement Page 4 of 7 ENG-205, Revised 11/17 • EXHIBIT 'A' LEGAL DESCRIPTION FLOODS 1St ADD PLAT BLOCK: 1; PLAT LOT: 3; SW Quarter of Section 07—Township 21 N—Range 05 E SDR18-0006 LID No Protest Agreement Page 5 of 7 ENG-205, Revised 11/17 CITY OF AUBURN DATED this 8 day of c111 u 4 / , 2019. Asst. Di ecto of Engir(eering / City Engineer STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that —1 PrellbcsiwEL+,ivoj 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 day of —4-Nt44y , 2019. v.BAD rel AUBv.0 o = Notary Public in and f6r the State of \11-19 . Washington oF WPg Residing at ��c� J it%\\��\\,,� My appointment expires //M/`l/' SDR18-0006 LID No Protest Agreement Page 6 of 7 ENG-205, Revised 11/17 • PROPERTY OWNER: OWNER i�Sut4-1-11 (C. TITLE t kiP?'/_ OWNER TITLE STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify I know or have sa ' factory evidence that J° n c-� P � ct- � and - �A,,i c � V n 3 are/is the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the • ( and of -„re s‘ , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. /sn GIVEN under my hand and official seal this 7 day of j gc►vc( 2ft_ fie —Irk 5 kvey7 gra_ _..._.._.Notary Public.,...,..._..., y State of Washington TYLER STEVEN PIERCE - Notary Public in and for the State of Washington MY COMMISSION EXPIRES September 10,2022 Residing at (1/i/ycf5/ My appointment expires Stp/cn/, /0, 262L SLH/tlb SDR18-0006 LID No Protest Agreement Page 7 of 7 ENG-205, Revised 11/17