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Home My WebLink About20231109000613 SPL23-0004 Agreement for Deferral of ImprovementsInstrument Number: 20231109000613 Document:AG Rec: $210.50 Page -1 of 8 Record Date: 11/9/2023 2:06 PM Electronically Recorded King County, WA Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. Project No. SPL23-0004 Reference # (if applicable): N/A Grantor/Borrower: MT RAINIER CUSTOM HOMES LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: NW 17-21-05 Assessor's Tax Parcel ID#: 334100-0010 THIS AGREEMENT made and entered into on the day of ,0 A) .c. , 2023, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City", and MT RAINIER CUSTOM HOMES LLC, hereinafter referred to as "Property Owners", WITNESSETH: WHEREAS, the Property Owners are the owners of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located on Parcel #334100-0010 and described on Exhibit "A" and depicted on Exhibit "B", 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 have requested agreement by the City for such deferral; Agreement for Deferral of Improvements ENG -202, Revised 1/23 Page 1 of 8 Instrument Number: 20231109000613 Document:AG Rec: $210.50 Page -2 of 8 Record Date: 11/9/2023 2:06 PM King County, WA and, WHEREAS, the Asst. Director of Engineering / 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 for the street -public works improvements identified and set forth in paragraph 4 of this agreement. 2. CONSTRUCTION OF IMPROVEMENTS The Property Owners hereby agree and covenant that 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 Owners, 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 written notice to the Property Owners 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. If notice to the Property Owners by the City for the Property Owners to make, Agreement for Deferral of Improvements ENG -202, Revised 1/23 Page 2 of 8 Instrument Number: 20231109000613 Document:AG Rec: $210.50 Page -3 of 8 Record Date: 11/9/2023 2:06 PM King County, WA construct, install, and provide for the street -public works improvements set forth in paragraph 4, below, is not commenced within ten years from the date this agreement is executed, this agreement shall terminate without further obligation from the Property Owners. 4. DESCRIPTION OF IMPROVEMENTS The improvements to be included in connection with this agreement shall be as follows: - 5 foot sidewalk - 5 foot landscaping strip - Curb and gutter - Storm facilities, including pipes, catch basins, manholes, and appurtenances necessary to convey existing street runoff to the City storm system - Concrete driveway aprons - Street illumination - Undergrounding of aerial utilities on 107th PI SE 5. NONEXCLUSIVE REMEDIES In addition to any and all other remedies available to the City, at law or in equity, if the Property Owners 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 Owners 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 Owners 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 Agreement for Deferral of Improvements ENG -202, Revised 9/18 Page 3 of 8 Instrument Number: 20231109000613 Document:AG Rec: $210.50 Page -4 of 8 Record Date: 11/9/2023 2:06 PM King County, WA 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. 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. 10. RECORDING An executed copy of this agreement shall be recorded among the land records of the ®King ❑Pierce County Auditor or Recorder. 11. 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above set forth. Agreement for Deferral of Improvements ENG -202, Revised 9/18 Page 4 of 8 Instrument Number: 20231109000613 Document:AG Rec: $210.50 Page -5 of 8 Record Date: 11/9/2023 2:06 I'M King County, WA Nffwl�� 4e r. t, DATED DATED this Y_ day of2023. IIII-1111RIMPAM= STATE OF WASHINGTON) )ss COUNTY OF KING I certify that I know or have satisfactory evidence that Jacob Sweeting is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Asst. Director of Engineering / City Engineer of the City of Auburn to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this. day of;q4y-C�L, , 2023. leiSION it �1 illfz Notary Public in d for thd,�State of Washington 23004 33 1'* �: e$� Residing at My appointment expires 0111 til op WAS0 Agreement for Deferral of Improvements ENG -202, Revised 9/18 Page 5 of 8 Instrument Number: 20231109000613 Document:AG Rec: $210.50 Page -6 of 8 Record Date: 11/9/2023 2:06 PM King County, WA PROPERTY OWNER(S): OWNER CA TITLE 5C4 C, -17- , C�n� OWNER Res) TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I know or have satisfactory evidence that,,, p b)4j 064ti14,�4 and IDHy .'<A'e'!& Sr �d"d 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 QAV4ML Alb9AI44X4 and _ice o 1T of MT RAINIER HOMES 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 .c;I-AA day of ,1jQV,,P 1,661 , 2023. Agreement for Deferral of Improvements ENG -202, Revised 9/18 Page 6 of 8 _ q&.7)) Rl CSM � r- L l Notary Public in and for the State of Washington Residing at� hrvritJ.�1, . -4k A My appointment expires Instrument Number: 20231109000613 Document:AG Rec: 5210.50 Page -7 of 8 Record Date: 11/9/2023 2:06 PM King County, WA EXHIBIT A PAGE OF NCS JOB# 220014 PARCEL# 3341000010 PROPERTY LEGAL THAT PORTION OF LOT 1, PLAT OF CD HILLMANS GREEN RIVER ADDITION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 67 RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 120 FEET OF THE SOUTH 240 FEET OF LOT 1, CD HILLMANS GREEN RIVER ADDITION NO 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE 67, RECORDS OF KING COUNTY, WASHINGTON. LESS COUNTY ROADS. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ATTACHED HERE TO EXHIBIT `B" 10-20-23 Agreement for Deferral of Improvements Page 7 of 8 Instrument Number: 20231109000613 Document:AG Rec: 5210.50 Page -8 of 8 Record Date: 11/9/2023 2:06 PM King County, WA PAGE OF LEGAL DESCRIPTION 32000 BLK 108TH AVE SE., CITY OF AUBURN KING COUNTY, WASHINGTON EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION SE 320TH ST I I 30' 30' LOT , 9� pF W A gel rjr 35478 o�GISTV,V$0.1 \AL LAN9% 10 CD HILLMANS GREEN RIVER ADDITION NO. 1 VOLUME 17, PAGE 67 N PARCEL NUMBER DATE: OCTOBER, 2023 3341000010 0 SURVEYING, LLC 220014 C3 N w N Leavenworth, Wa. 98826 Si LU 156.78' dsalmon®ncssurveying.com Q SCALE: z N. T. S. 00 0 0 0 0 N 30' Agreement for Deferral of Improvements Page 8 of 8 NORTH LINE OF THE NORTH 120 FEET OF THE SOUTH 240 FEET LOT 1, CD HILLMANS GREEN RIVER ADDITION NO. 1, VOLUME 17 OF PLATS PAGE 67. LINE LOT 1 DATE: OCTOBER, 2023 JOB NO.: SURVEYING, LLC 220014 17105 RIVER ROAD DRAWN BY. Leavenworth, Wa. 98826 Si Cell: (253) 606-6829 CHECKED BY.• dsalmon®ncssurveying.com DDS SCALE: N. T. S.