HomeMy WebLinkAbout20190219001255 DEFERRAL OF IMPROVEMENTS Return Address:
City of Auburn [ 11111 i itr �I111111IIINI%L111111111111111 �1IIIIh liiiI I1W25 West Main �,�,���I
Auburn, WA 98001 20190219001255
AGREEMENT Rec:$106.00
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FIRST AMERICAN, (lo
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Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Project No. SDR18-0006 Said documento wore filed of
record as an accomodation only.
It has not been examined as to
Reference # (if applicable): N/A proper execution or as to its
effect upon title
Grantor/Borrower: Hidden Forest Estates LLC.
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: FLOODS 1st ADD PLAT BLOCK: 1; PLAT LOT: 3; —
SW Quarter of Section 07 — Township 21 N — Range 05 E
Assessor's Tax Parcel I D#: 257840-0015
THIS AGREEMENT ("Agreement") made and entered into on the `141 day of
'4-Nun-ay , 2019, by and between the City of Auburn, a municipal corporation of the
State of Washington, hereinafter referred to as "City", and Hidden Forest Estates, LLC.,
hereinafter referred to as "Property Owners",
WITNESSETH:
WHEREAS, the Property Owners are the owners of real property in the City of
Auburn, County of® King ❑ Pierce, State of Washington, located at 811 15th St NE
and described as shown on Exhibit "A," attached hereto (the "Property").
WHEREAS, the Property Owner has applied for permit(s) from the City under
Project No. SDR18-0006 for certain improvements or development of the Property, and
pursuant to Chapter 12.64A of the Auburn City Code the City has required as a condition
Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 1 of
of approval of said permit(s) certain street — public works improvements 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,
WHEREAS, the City's Asst. Director of Engineering / 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. DESCRIPTION OF IMPROVEMENTS
The street—public works improvements required by the City for permit applications
under Project No. SDR18-0006 and to be included in connection with this
Agreement shall be as follows (collectively, the "Deferred Improvements"):
A ten (10) foot sidewalk, landscape strip, curb and gutter, and
appurtenances along the frontage of the property meeting the City
Design Standards for the street classification at the time of
construction.
A street light may be required, but only if identified as being required
based on the City Standards that are applicable at the time of
construction.
All said Deferred 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.
2. DELAY OF IMPROVEMENTS
In connection with this Agreement, and in connection with the development and/or
improvement to the Property pursuant to permit application(s) approved by the City
under Project No. SDR18-0006, the City agrees to allow the Property Owners to
delay the making, constructing, installing and/or providing for the Deferred
Improvements.
SDR18-0006 Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 2 of 8
3. CONSTRUCTION OF IMPROVEMENTS
The City, in its sole discretion, may initiate the construction of part or all of the
Deferred Improvements. The City may also determine method(s) by which the
Deferred Improvements shall be made. The Property Owners hereby agree and
covenant that they shall conform with each of the methods for constructing the
Deferred Improvements as follows:
3.1 Construct or cause to be constructed the Deferred Improvements at
his/her/their expense upon determination by the City that some or all of the
Deferred Improvements have become necessary; and/or
3.2 In the event the City determines to construct some or all of the Deferred
Improvements as part of a public works project, the Property Owners shall make
payment to the City of the pro-rata share of the cost of the Deferred Improvements
as part of the public works project, in lieu of constructing the same pursuant to
subsection 3.1 above. Such costs shall include but are not limited to engineering,
permitting, construction, inspection and other project related expenses that benefit
the Property; and/or
3.3 In the event the City or property owners adjacent to or benefiting the
Property initiate a Local Improvement District (LID) that includes the Deferred
Improvements , the Property Owners agree to not protest the formation of said LID
pursuant to the LID No Protest Agreement executed by the parties
contemporaneously with this Agreement.
In the event the Property is subdivided or sold in the future, the Property Owners
agree to include as a condition of sale and/or a restrictive covenant that the
obligations to make, construct, install or provide for the Deferred Improvements
pursuant to this Agreement shall apply to the subdivisions and future sales of
portions of the Property. The condition of sale and/or restrictive covenant shall also
provide that, if subdivided, the aforesaid pro-rata fair share of each portion of the
Property shall be divided amongst the subdivided lots.
4. NOTICE AND TIME OF CONSTRUCTION
The obligation of the Property Owners to make, construct, install and/or provide
for the Deferred Improvements shall arise upon not less than thirty (30) days prior
written notice to the Property Owners by the City, unless otherwise provided for
under applicable state or local statutes. The time by which the Property Owners
shall make, construct, install or provide for the Deferred Improvements under the
methods in subsections 3.1 or 3.2, above, shall be not later than twelve (12)
months after the written notice by the City.
SDR18-0006 Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 3 of 8
It is provided, however, that the improvements shall be completed no later than ten
years from the date this agreement is executed.
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 Deferred
Improvements pursuant to paragraph 3 of this Agreement, or otherwise fail to
arrange for the construction and installation of such Deferred Improvements upon
request of the City, 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 for
the amount of the City's full costs and expenses therefore and enforce the lien in
accordance with legal process, including enforcement upon homestead property.
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".
SDR18-0006 Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 4 of 8
•
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 ri hts of the parties to this Agreement, it is agreed that
venue shall be in® Kind 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
attorney's fees.
9. RECORDING AND SATISFACTION
An executed copy of this Agreement shall be recorded among the land records of
the ® King❑ Pierce County Auditor or Recorder.
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 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.
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 Agreement 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.
CITY OF AUBURN
SDR18-0006 Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 5 of 8
DATED this g day of 4Nua.L.y , 2O-1-8-
4.1-1",
Asst. Dir ctor o Engineering / City Engineer
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that 4A'ACP-b c . Uh1NCy is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Asst. 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.
09o(9
GIVEN under my hand and official seal this 8 day of ,-laM , 2-9-1-8.
ELio 14/
cn 'U o` • ` I 0a
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g,=� _ Notary Public in and for th Stat- of Washington
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11,,,,,,,,.•�� G ; Residing at -4-12AteI
/hi/ ,P WASN0�.�` My appointment expires l!f 11 /�
PROPERTY OWNER(S):
ervtAA OWNER C(ii Pax-c,oyk-c
TITLE
SDR18-0006 Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 6 of 8
•
OWNER VL
�t'Vt-
TITLE
V-41 (`i '" OWNER
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certiI know or have satisfactory evidence that ac-e-wc-c-c Pcg-V'SO'''S and
. fr cafe- .1 Qtz v-�M i are/is the person(s) who appeared before me, and
said person(s) acknowledged that he/she/they signed this instrument on oath stated that
he/she/they was/were authorized to execute the instrument and acknowledge as the
61,LArtz) and -
of , a limited liability company,
to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Z0la1
GIVEN under my hand and official seal this T day of JelfilJAT
Notary Public � kV((\ rG�
State of Washington
TYLER STEVEN PIERCE
c_S
MY COMMISSION EXPIRES •
September 10,2022
""" Notary Public in and for th State of Washington
Residing at (,/tl,VefSi'+y V Iacc
My appointment expires STkfitP( /7) 2022
SLH/tlb
SDR18-0006 Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 7 of 8
EXHIBIT "A"
LEGAL DESCRIPTION
FLOODS 1st ADD PLAT BLOCK: 1; PLAT LOT: 3;
SW Quarter of Section 07 —Township 21 N — Range 05 E
•
SDR18-0006 Agreement for Deferral of Improvements
ENG-202, Revised 11/17
Page 8 of 8