HomeMy WebLinkAbout20110427000521 AGREE FOR DEFERRAL OF IMPROVEMENTS 03/23/11D,�- - al -0 � (3 0�
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Return 25YWe t Main n Address: III III II I Il l l 11 I N II II II I I I II I II
Auburn, WA 98001 20110427000521
PACIFIC NW TIT AG 68 00
PAGE -001 OF 007
04/27/2011 11 08
KING COUNTY, WA
Above this line reserved for recordina information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
(Project No. FAC09 -0014) �\� W 5UL-L
Reference # (if applicable): N/A
Grantor /Borrower FONPEE, LLCrT�/
GranteelAssignee /Beneficiary• City of Aubur Q
Legal Description /STR. NE '% S2 — T21 N — R4E
Assessor's Tax Parcel ID# 022104 -9098
THIS AGREEMENT made and entered into on theme day of 1y(tr4,e-^, 2011,
by and between the City of Auburn, a municipal corporation of the State of Washington,
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 ❑ 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
water main - public works improvements would need to be made or otherwise provided for;
and,
Agreement for Deferral of Improvements
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4. The Property Owner desires to defer those water main - public works
improvements to a later time, and has requested agreement by the City for such deferral;
and,
5. As provided for by Title 13 of the Auburn City Code, the City Engineer has
approved the request to delay the placement of water main - public works improvements to
serve the 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
The City agrees to allow the Property Owner to delay the making, constructing,
installing and providing for the water main - public works improvements identified and
set forth in paragraph 4 of this agreement (the "Improvements ").
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owner hereby agrees and covenants that it shall construct or cause to
be constructed the Improvements described below at its expense upon notification
by the City that the Improvements are to be constructed. In the event the City
determines to construct the improvements as part of a public works project the
property owner, or owners, shall pay the City a 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 In the event that the Property is subdivided or sold in the future, the
Property Owner agrees to include as a condition of sale or a restrictive covenantthe
condition that the obligations to make, construct, install or provide for the
Improvements shall apply to the subdivisions and future sales of portions of the
Property The condition of sale or restrictive covenant shall also provide that the
pro -rata 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
Improvements shall arise upon not less than thirty (30) days prior written notice to
the Property Owner by the City The Property Owner shall make, construct, install
or provide for said improvements not later than eighteen (18) months after the date
of the written notice from the City
Notwithstanding the timelines in this section, all improvements shall be completed
not later than ten years from the date this agreement is executed unless a new
deferral agreement is granted at the end of the ten year term of this agreement.
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4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in this agreement shall be as follows.
Water main extension as depicted on the FAC09 -0014 approved plans, along
property frontage with South 292nd Street, including pipes and fittings. 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 legal remedies available to the City, if the Property
Owner fails to make, construct, install or provide for the construction and installation
of the 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, or file a lien on the property of the
Property Owner 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 Owner shall be paid by the Property Owner 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. RECORDING
An executed copy of this agreement shall be recorded among the land records of
the ®King ❑Pierce County Auditor or Recorder
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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
connection with, or incident to the execution of this Agreement 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.
Agreement for Deferral of Improvements Page 4 of 7
CITY OF AUBURN:
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 --) � day of M n-AclI , 2011
y�u 4, R4 �52
Notary F'ubllC In
Residing at
My appointment
Agreement for Deferral of Improvements
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1 16
PROPERTY OWNER:
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this riav ncrcnnnlhi annanrarl hafnra ma /" /" / <G �e' / to
me known as the Managing Member of FONPEE, LLC, the Property Owner, and the
individual described in and who executed the within foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the
uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the above agreement as or on behalf of the Property Owner
GIVEN under my hand and official seal this " day of 2011
HS /tlb /bh
File: #1279
Residing at
My appointment expi
Agreement for Deferral of Improvements
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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.
Agreement for Deferral of Improvements
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