HomeMy WebLinkAbout20140522001526 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 052214Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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information.
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AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Project No. SDR13 -0004
Reference # (if applicable): N/A
Grantor /Borrower, Lawrence O. Ude & Rita I. Ude
Grantee /Assignee /Beneficiary City of Auburn
Legal Description /STR: SE -SW Section 11 — Township 21 N — Range 04 E
Assessor's Tax Parcel ID# 926280.0032
THIS AGREEMENT made and entered into on the 2 day of M o-y 2014,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City ", and Lawrence O. Ude & Rita I. Ude, hereinafter
referred to as "Property Owners ",
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WHEREAS, the Property Owners are the owners of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at
3164656 TH AVE S 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,
Agreement for Deferral of Improvements
Page 1 of 7
I
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 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:
Half street improvements along the east side of 56th Ave. S consistent with the
City of Auburn Design Standards for a residential collector, which include
17' paved lane and shoulder, 6' paved bike lane, 0.5' curb & gutter, 5' sidewalk,
5' landscape strip, undergrounding of utilities, and 3" telecommunications
conduit.
Note that the width of pavement widening above is the minimum required.
Additional paving and right -of -way dedication may be necessary to accommodate
the roadway improvements depending on the surveyed location of the existing
centerline of 56th Ave. S.
All improvements shall be constructed in conformance with the City's design and
construction standards in place at the time of design and construction.
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.
Agreement for Deferral of ImprovementsPage 3 of 7
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 ImprovementsPage 4 of 7
CITY OF AUBURN
Ph
DATED this day of %►1 j 2014
Ingrid
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
of Engineering /City Engineer
I certify that I know or have satisfactory evidence that Ingrid Gaub 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 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 c? day of 2014
Notary Public in and fnr tl ?e'State,of• an
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Agreement for Deferral of ImprovementsPage 5 of 7
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PROP OWNER(S):
OWNER
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On day personally appeared
and
before me, and
to me known to be the
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 free and voluntary act
and deed, for the uses and purposes therein mentioned, and on oath stated that they
are authorized to execute the above agreement as or on behalf of the Property Owners.
GIVEN under my hand and off icia
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Ref' HADevelopment \Projects \UDE —
I seal this day of Q}nlxQ 2014
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Notary Public in and for the State rof :Washington \;`'
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Agreement for Deferral of ImprovementsPage 6 of 7
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Documents \2014
Agreement for Deferral of ImprovementsPage 6 of 7
EM11111Y' "A"
LRCM, im..6C1211 -nON
THE WEST 2053 FEE C OF TRACT G, 14",,ST AUBURN F1V1? ACRE TRACTS. AS
RECORDED IN VOLUME 15 OF PLATS. PAGE 12, RECORDS OF KIND COUNTY,
WASHINGTON:
EXCEPT THE NORTH 100 FEET THERkOF,
ANO GXCEI' "I' "CIII': SOU'CII30I'I?I I "Cf1f31 LOl
Agreement for Deferral of ImprovementsPage 7 of 7
12- 15 -20lj