HomeMy WebLinkAbout20100727000935 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 072710 Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20100727000935
PACIFIC NW TIT AG 67.00
PAGE-001 OF 006
07/27/2010 12:20
KING COUNTY, WA
Above this line reserved for recording information.
LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT
Project No. FAC09-0014
Reference#(if applicable): N/A VAGIFIC NORTHWES T l LE
Grantor/Borrower: FONPEE, LLC 10c;�(-t,-2— �L
Grantee/Assignee/Beneficiary: City of Auburn C �r
Legal Description/STR: NE '/4 S2—T21 N—R4E O ro
Assessor's Tax Parcel ID#: 022104-9098
THIS AGREEMENT made and entered into on the 2s day of , 2010,
by and between the City of Auburn, a municipal corporation of the State of ashington,
hereinafter referred to as "City", and FONPEE, LLC, hereinafter referred to as "Property
Owner",
RECITALS:
1. The Property Owner is the Owner of real property in the
City of Auburn, County of ® King n Pierce, State of Washington, located at
3705 West Valley Highway North and described as shown on Exhibit "A,"
attached hereto (the "Property").
2. The Property Owner desires to make certain improvements or develop the
Property; and,
3. In connection with the improvement or development of the Property, certain
street-public works improvements would need to be made or otherwise provided for; and,
4. 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,
LID No Protest Agreement Page 1 of 6
5. As provided for by Titles 12 and 17 of the Auburn City Code, the City Engineer
agrees that the 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
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(the "Improvements")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 Improvements if an LID is initiated by the City or by property owners adjacent to
or benefiting the property. The Owner retains the rights 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:
One-half(1/2) of a residential collector street, including pavement, under-grounding
of utilities, landscaping, storm drainage, curb & gutter, sidewalk, illumination,
channelization, and signing, from the access driveway to the west end of the
property frontage along South 292nd Street. 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 flPierce County, Washington.
LID No Protest Agreement Page 2 of 6
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 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.
LID No Protest Agreement Page 3 of 6
CITY OF AUBURN:
D -, Sp Ar.
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 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 °1 day of m , 2010.
vv" " � �/
fl` ♦-,`` \\t\11111 / I'
50 46 EiLtLi
• - "= 5 Notary Public in_and for the S to of Washington
TA% ''ow(' = Residing at C��e h Qe
//i 1'Jt1`'477-79-'���~~`"��= My appointment expires t// /c/ ,r
1,1CF WASN��.���
LID No Protest Agreement Page 4 of 6
PROPERTY OWNER:
Dated this day of 1e / , 2010
d
�/
Authorized Signature
Authorized Signature
STATE OF WASHINGTON )
)ss.
COUNTY OF
I certify I have know or have satisfactory evidence that w .o -t cy-L
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 of the FONPEE, LLC
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated Z-5I 'oto
q11D.
Notary Public in and for the State of Washington
residing at 3ee,VA k tAJ
My appointment expires
Notary►uhlk
Stilts of Washington
ALBERT N AVANESOV
' My AppoinlmeM Expires May 12,2012
HS/tlb
File:#1279
REF: H:\Development\Projects\Omega-Baja Development\FAC09-0014 Omega Office&Warehouse\Legal Documents\2010
LID No Protest Agreement Page 5 of 6
EXHIBIT A
NEW PARCEL "A" LEGAL DESCRIPTION PER AUBURN BOUNDARY LINE
ADJUSTMENT NO. BLA07-0009, AS RECORDED UNDER RECORDING NUMBER
20071206900004, RECORDS OF KING COUNTY, WASHINGTON;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
LID No Protest Agreement Page 6 of 6