HomeMy WebLinkAbout20131223001412 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 12/23/2013MRICAN
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
III I III III 1111111111111111111
20131223001412
FIRST AMERICAN AG-RER 78.00
PAGE-001 OF 007
12/23/2013 15:03
KING COUNTY. LIA
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
(Project No. GRA12-0008)
Grantor/Borrower Auburn Dairy Products, Inc.
Grantee/Assignee/Bene ' ficiary: City of Auburn LA)URPESY RECORDDiG tDN
Legal Description/STR: SE%S13—T21N—R4E 140LIABILMFORVALrIMAND/ot,
BYFIRSTAMER
Assessor's Tax Parcel ID#: 391500-0005 iQ"Z=E1EC00MPANv
THIS AGREEMENT made and entered into on the>Y'd4- day of &xd YlcrL- 2012,
by and between the City of Auburn, a municipal corporation of the St�-te -ofWashington,
hereinafter referred to as"City", and Auburn Dairy Products, Inc., hereinafter referred to
as "PrODertv Owner.
RECITALS
1. The Property Owner is the owner of real property in the
City of Auburn, County of 2 King F� Pierce, State of Washington, located at
702 West Main Street, 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 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 7
5. As provided for by Titles 12 and 17 of the Auburn City Code, the City Engineer
has approved the request to delay the placement of street -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 street -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 covenant the
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 (118) 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.
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:
Approximately 460 linear feet of non-residential collector one-half (112) street
improvements to G Street SW along the frontage with the subject property,
Including illumination at required intervals for G Street SW per its
classification at the time of construction. 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 Owners for
the costs incurred in connection therewrith, 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 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 uA".
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 ZKing nPierce 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 ZKing []Pierce County Auditor or Recorder.
Agreement for Deferral of Improvements Page 3 of 7
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 Salle is the person who
appeared before me, and said person acknowiedged 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 NooE-mbu 2012.
for'&" -*X
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405 (f
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re of
Agreement for Deferral of Improvements Page 5 of 7
PROPERTY OWNER:
/�� 0"�
'AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
STATE OF WASHINGTON)
)ss.
COUNTY OF
On this day personally appeared before me, -JtEAP-�i �'kfv-6�6e'E'
to me known to be the
and:
behalf of the Prop:46:6-wner, ind the individual or individual , s described in and who
executed the within foregoing instrument, and acknowledged that Le/she/they signed the
same as his/her/their free and voluntary act and deed, for the uses and purposes therein
mentione7d-and on oath stated that he/she/they is/are authorized to execute the above
agreement as or on behalf of the Property Owner.
GIVEN under my hand and official seal this
5AUG,
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File: 1337
Residing at --7P
My appointment
Agreement for Deferral of Improvements Page 6 of 7
day of 12012.
EXHIBIT A
LOT A OF AUBURN LOT LINE ADJUSTMENT #LLA-
03-0005 RECORDED UNDER KING COUNTY
RECORDING NUMBER 2003050600237 1.
TOGETHER WITH STREET VACATION RECORDED
UNDER KING COUNTY RECORDING NUMBER
20100505000292.
SITUATE IN THE CITY OF AUBURN, COUNTY OF
KING, STATE OF WASHINGTON.
Agreement for Deferral of Improvements Page 7 of 7