HomeMy WebLinkAbout20100727000926 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 07/27/10 Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
111 1 111 II 11 II 11 II 1111 III II
20100727000926
PACIFIC NW TIT AG 68.00
PAGE-001 OF 007
07/27/2010 12:20
KING COUNTY, WA
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
CLYDE SHORT PLAT - SPL08-0011 6 g
Reference#(if applicable): N/A
Grantor/Borrower: 1) Fred P Clyde 2) Marlene M Clyde
Grantee/Assignee/Beneficiary: City of Auburn
MUT 114
Legal Description/STR: NE 1/4 18-21-05 'I t,o +PAGFiP h
Assessor's Tax Parcel ID#: 2648000080 w� Z
THIS AGREEMENT made and entered into on the 4S` day of -..,j(Ag« , 2010 ,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as"City", Fred P Clyde and Marlene M Clyde, hereinafter referred
to as "Property Owners",
WITNESSETH:
WHEREAS, the Property Owners are the owners of real property in the
City of Auburn, County of Z King ❑ Pierce, State of Washington, located at
420 K Street NE and described as shown on Exhibit "A", 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;
and SPid documents(s) were filed t
record by P:7eifc i'acr;ilwes( Title as
dy. riEs not been
, ¢y'rG���r execution or
Agreement for Deferral of Improvements Page 1 of 7 i ef;E ci t)Fo{, r_tle
WHEREAS, the Assistant Director of the Public Works/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 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 owners, 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 not less than thirty (30) days prior 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.
It is provided, however, that the improvements shall be completed not later than ten
years from the date this agreement is executed.
Agreement for Deferral of Improvements Page 2 of 7
4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be
as follows:
One-half(1/2) of a local access street, including pavement, under grounding
of utilities, landscaping, storm drainage, curb, gutter, illumination,
channelization, and signing. 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 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
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. LOCAL IMPROVEMENT DISTRICT
The Property Owners 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.
Agreement for Deferral of Improvements Page 3 of 7
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 Owners 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 Page 4 of 7
CITY OF AUBURN
10 --)1 -Ctit-e
Assistant Director of the Public Works/ 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 Assistant Director of the Public Works/ 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 y day of U Loef , 2010.
C___- _______c_,1■\_4 ''''`ii 1 A„. .
143-/ iN- , lif '
.,-; #.= *-- :. .;, I i laki IN 63 a C tg -
: �+*_= o : Notary Publican and for the S to of WashixSgton
, cps4, .'k .._ Residing at f Asil ,k_r rx`�-�•/I Hof?. it t►�►`..� '�Nps My appointment expires ti I t`t l tt
lit, F-OF`W P`' s
its-'' i
Agreement for Deferral of Improvements Page 5 of 7
PROPERTY OWNERS:
(17--,.or
OWNERS /
TITLE
e.izet-
OWNERS
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this day personally appeared before me, /fr c o/ 1C/v ode_ , and
M% ,-/e'ie /"/ e4d4 . , to me known to be the &co/
and of or on behalf of the Property Owners ,and
the individual or individuals described in and who executed the within foregoing
instrument, and acknowledged that they signed the same as their freer ppd Vaduntary act
and deed, for the uses and purposes therein mentioned, and on oath;piatOiti4t they
are authorized to execute the above agreement as or on behalf of the P,ro} e y°Owners.
evek
GIVEN under my hand and official seal this Z7 day of ✓teij{qg f „20-10.
a—� ��
c ,
rAT ,or �� , 7 w� I f• /o arrlec_
NOTARY t0 Notary Publicjaand for the State of Washington
Residing at / edt't uJ4 ,
MY COMMISSION My appointment expires //'
MAB/tlb/rt
Ref: H:\Development\Projects\Clyde SPL\Agreement for Deferral of Improvements 2010
Agreement for Deferral of Improvements Page 6 of 7
EXIBIT"A"
LOT 6, IN BLOCK"B"OF FRENCH'S FRIST ADDITION TO THE TOWN OF
SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
OF PLATS ON PAGE 53 IN KING COUNTY, WASHINGTON.
EXCEPT THE WEST 38 FEET THEREOF AS CONVEYED TO THE CITY OF
AUBURN FOR"K" STREET NORTHEAST BY DEED RECORDED UNDER
RECORDING NUMBER 3023205.
A� M. 7,0 A
\11 S
j�NAL LA1�
'era 12
4g> vo3;1:466,
lJKV∎\\\~
Agreement for Deferral of Improvements Page 7 of 7