HomeMy WebLinkAbout20231030000105 Agreement for Deferral of ImprovementsInstrument Number: 20231030000105 Document:AG Rec: $209.50 Page -1 of 7
Record Date:10/30/2023 8:39 AM
Electronically Recorded King County, WA
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
Project No. SDR23-0004
Reference # (if applicable): N/A
Grantor/Borrower: LEGACY DEVELOPERS LLC
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: Section 7 — Township 21 N — Range 05 E
Assessor's Tax Parcel ID#: 3339901265
THIS AGREEMENT made and entered into on the 26 day of October 2023
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", and LEGACY DEVELOPERS 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
the 1025 and 1027 12th Street SE 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
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Instrument Number: 20231030000105 Document:AG Rec: $209.50 Page -2 of 7
Record Date:10/30/2023 8:39 AM King County, WA
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;
12. 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 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.
If notice to the Property Owners by the City for the Property Owners to make,
construct, install, and provide for the street -public works improvements set forth in
paragraph 4, below, is not commenced within ten years from the date this
Agreement for Deferral of Improvements
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Instrument Number: 20231030000105 Document:AG Rec: $209.50 Page -3 of 7
Record Date:10/30/2023 8:39 AM King County, WA
agreement is executed, this agreement shall terminate without further obligation
from the Property Owners,
4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be as
follows:
Half street improvements along the north side of 12th Street NE consistent with the
City of Auburn Design Standards for a local residential street, which includes
undergrounding of existing aerial utilities along the frontage of the property.
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
attorney's fees.
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
Agreement for Deferral of Improvements
ENG -202, Revised 9/18
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Instrument Number: 20231030000105 Document:AG Rec: $209.50 Page -4 of 7
Record Date:10/30/2023 8:39 AM King County, WA
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 Improvements
ENG -202, Revised 9/18
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Instrument Number: 20231030000105 Document:AG Rec: $209.50 Page -5 of 7
Record Date:10/30/2023 8:39 AM King County, WA
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTH 125 FEET OF LOT 14, AND THE WEST 20 FEET OF THE SOUTH 125
FEET OF LOT 15, BLOCK 19, C.D. HILLMAN'S AUBURNDALE ADDITION TO CITY
OF SEATTLE DIV. NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 13 OF PLATS, PAGE 92, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 2.50 FEET CONVEYED TO THE CITY OF AUBURN BY DEED
RECORDED UNDER RECORDING NO. 9410210473, FOR STREET PURPOSES.
ALSO EXCEPT THE SOUTH 3 FEET OF SAID PROPERTY CONVEYED TO THE
CITY OF AUBURN RECORDED UNDER RECORDING NO. 20220908000461
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Agreement for Deferral of Improvements
ENG -202, Revised 9/18
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Instrument Number: 20231030000105 Document:AG Rec: $209.50 Page -6 of 7
Record Date:10/30/2023 8:39 AM King County, WA
DATED this day of ra.= a 2023.
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jacob Sweeting 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
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.
GIVEN under my hand and official seal this ,r,0 day of C., �� �. 2021
Agreement for Deferral of Improvements
ENG -202, Revised 9/18
Page 6 of 7
Notary Public in and-fo
Residing atif;'
My appointment expire
e State of Washi
IC
Instrument Number: 20231030000105 Document:AG Rec: $209.50 Page -7 of 7
Record Date:10/30/2023 8:39 AM King County, WA
PROPERTY OWNERS
AV c, N _4
OWN R
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I know or have satisfactory evidence that r) l N and
w� ire/is the person(s) Who app re before me, and
s, , person(s) acknowledged that he/she/they signed this instrument on oath stated that
he/she/the was were authorized to execute the instrument and acknowledge as the
and tA A ---
of , a limited liability company,
to be the ee lb d vohAntafIry act of s ch party for the uses and purposes mentioned in the
instrument.
GIVEN under my hand and official seal this 0°' 6 day of M a -v , 2023.
PARAMINDER BASRA
Notary Public
State of Washington
Commission # 988599
My Comm, Expires Aug 2, 2025
Agreement for Deferral of Improvements
ENG -202, Revised 9/18
Page 7 of 7
ary Public in a d
siding at
appointment expi
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