HomeMy WebLinkAbout20071107002012 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 091707(10 13)
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
~m
PACIFIC NW TIT
PAGE001 OF 006
11/07/2007 16:08
KING COUNTY, WA
111111111
sAbove this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
(Project No. FAC06-0034)
Reference # (if applicable): 1
Grantor/Borrower: Lawson Place LLC
Grantee/Assignee/Beneficiary: City of Auburn 1 1~5
Legal Description/STR: SW-21-21-05 l
Assessor's Tax ParcelID#: 212105-9059\212105-9131
THIS AGREEMENT made and entered into on the c24 day o 4-eM baz, 2007,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and Lawson Place LLC, hereinafter referred to as
"Property Owner", Said document(s) were fxed for
record by Pacific Northwest T1 0e *6
WITNESSETH: aeoommodation only. it h" not been
examined as to proper exeouaon or
WHEREAS, the Property Owner is the otwner` oY° etar* property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 3801 and
3815 Auburn Way South 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-public works improvements would need to be made or otherwise provided
for; and,
WHEREAS, 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
Page 1 of 6
WHEREAS, the City Engineer of the Public Works Department 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 sufficiencyof
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 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 Owner hereby agrees and covenants that he shall construct or cause
to be constructed the deferred improvements described below at his 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 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 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 Owner to make, construct, install and provide for the
street-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 make, construct,
install or provide for said improvements shall be not later than twelve (12) months
after the written notice by the City.
4. DESCRIPTION OF IMPROVEMENTS
Agreement for Deferral of Improvements
Page 2 of 6
The improvements to be included in connection with this agreement shall be as
follows:
One-half (1/2) of a (local access street; collector arterial; minor arterial; principal
arterial), including landscaping, storm drainage, curb & gutter, sidewalk, and
illumination. 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 remedies available to the City, at law or in equity, if
the Property Owner fails to make, construct, install or provide forthe 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 Owner for the costs incurred in
connection therewith, and/or file a lien on the property of the Property Ownerforthe
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 Ownerwithin 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.
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
for Deferral of ImprovementsPage 3 of 6
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 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.
CITY OF AUBURN
0,2-~
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 Public Works 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 l~~l! 2007 171
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Public irl and fore State gf Washington
Notary
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Agreement for Deferral of ImprovementsPage 4 of 6
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TITLE
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that Kathy Dahm is the person who
appeared before me, and said person acknowledged that she signed this instrument on
oath stated that she was authorized to execute the instrument and acknowledge as the
C`ntrvv.b.c2 of Lawson Place a limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated (q
Nt. BE fit
atAR~ Ti~py~'y i
i
~i ~u8~"10r
9TF OF •NiP`'~`
Agreement for Deferral of ImprovementsPage 5 of 6
EXHIBIT A
ATTACHMENT
FOR
LAWSON PLACE PLAT
LOTS 1 AND 2, CITY OF AUBURN SHORT PLAT NUMBER SP-5-77,
RECORDED MAY 5, 1977 UNDER RECORDING NUMBER 7705050659;
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON.
Agreement for Deferral of Improvem