HomeMy WebLinkAbout20250312000269, Repayment Agreement for Fee in Lieu of Improvements, Kin San FongInstrument Number: 20250312000269 Document:AG Rec: $311.50 Page-1 of 9
Record Date:3/12/2025 9:04 AM
Electronically Recorded King County, WA
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Repayment Agreement for Fee in Lieu of Improvements
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page _ of document
Grantor(s) (Last name first, then first name and initials)
Kin San Fong
Grantee: (Last name first)
City of Auburn
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
W 3FT LOT2, ALL LOTS 3&4 KRAUS 1 ST ADDN V21 PG30 EXCEPT ROADS IN NE-
13-21-4
❑ Additional legal is on pages XX of the document.
Assessor's Property Tax Parcel/Account Number:
3933900015
❑ Assessor Tax # not yet assigned
Instrument Number: 20250312000269 Document:AG Rec: $311.50 Page-2 of 9
Record Date:3/12/2025 9:04 AM King County, WA
REPAYMENT AGREEMENT FOR FEE IN LIEU OF IMPROVEMENTS
THIS REPAYMENT AGREEMENT FOR FEE IN LIEU OF IMPROVEMENTS
("Agreement") applies to the real property located at 739 w Main St and identified by
King County Parcel # 3933900015, and legally described as:
The West 3 feet of Lot 2, all of Lot 3, and Lot 4, except the West 2.5 feet of Lot 4, as
conveyed to the City of Auburn by instrument recorded under Recording Number
8409131031, Kraus' 1st Addition to the City of Auburn, according to the Plat thereof
recorded in Volume 21 of Plats, Page 30, in King County, Washington. ("Property").
This Agreement is by and between the City of Auburn (the "City"), a municipal
corporation in the State of Washington and Kin San Fong, property owner (the
"Applicant" or "Property Owner") (each a "Party" and together the "Parties").
WHEREAS, the Applicant is responsible for the replacement of City sidewalk panel(s)
damaged by vegetation on their Property, as shown in the notice sent to the Applicant
(Exhibit 1); and
WHEREAS, the Applicant seeks to participate in the City's sidewalk repair program.
Under this program, the Applicant will pay the City a fee in lieu of undertaking the
required sidewalk panel replacement improvements ("Improvements"). In return, the
City will include the Applicant's required Improvements in its construction project
schedule. The total assessed fee in lieu for Applicant's required sidewalk
Improvements is $4,000; and
WHEREAS, the Applicant has expressed to the City the need to make monthly
payments of $333.33 each month toward the assessed fee; and
WHEREAS, the City agrees to permit the Applicants to pay the fee in lieu through a 12-
months repayment plan (which is attached as Exhibit 2), and to include the Applicant's
required sidewalk Improvements in the City's construction project schedule once
Applicant has paid the full fee in lieu amount due; and
NOW THEREFORE, in consideration of the mutual promises and other good and
valuable consideration, the sufficiency of which is acknowledged, the Parties agree as
follows:
1. Required Improvements: The required Improvements will replace those sidewalk
panels damaged by vegetation at Applicant's property, as depicted on Exhibit 1.
2. Fee in Lieu. In lieu of undertaking and completing the required Improvements,
the Applicants agree to pay the City one hundred percent (100%) of the City's
estimated costs to complete the required Improvements. The Parties have
determined that the cost of Improvements is $4,000, which is the amount to be
paid by the Applicant to the City ("Fee in Lieu").
Page 1 of 5
Instrument Number: 20250312000269 Document:AG Rec: $311.50 Page-3 of 9
Record Date:3/12/2025 9:04 AM King County, WA
3. Pavment. The Applicant will pay this fee in lieu to the City in monthly payments
of $333.33 according to an agreed payment schedule (attached as Exhibit 2)..
Applicant shall make the first payment on or before April 30, 2025, and the last
payment on or before May 31, 2026. Payments are due on the last day of the
month.
Forms of acceptable payment include personal check, money order, cash, or
credit card. Payments are accepted:
i. In person at the Customer Service Center, 1 East Main Street, 2nd
floor, Auburn, WA
ii. Via mail addressed to City of Auburn, Finance Department, etc. —
include the invoice with your payment.
4. No Prepavment Penaltv. Applicant shall face no penalty for paying all or any part
of the fee in lieu earlier than the schedule in Exhibit 2.
5. Applicant Late Pavments or breach of Agreement. Applicant payments under
this Agreement are due on or before the payment date reflected in Exhibit 2 to
this Agreement. If Applicant fails to pay any installment of the Fee In Lieu when
due, or breaches any other portion of this Agreement, the City at its option and
without notice may declare that the entire unpaid Fee In Lieu amount is due
immediately. Applicant further acknowledges that the City may enforce a default
or breach of this Agreement through lawful means, which may include
cancellation of this Agreement. If the City elects to cancel this Agreement due to
Applicant's default or breach, Applicant will be required to undertake and
complete the Improvements described in this Agreement as required by State
Law and City Code.
6. Recording of Agreement and Lien for Failure to Pay. The applicant
acknowledges that the City reserves the right to record this Agreement with the
King County Auditor's Office and further reserves the right to enforce a default or
breach of this Agreement through a lien on the property as provided by RCW
35A.60.010 or other applicable law.
7. Sale or transfer of Property: If Applicant transfers ownership of the Property at
any time during the term of this Agreement, or prior to paying the full amount of
the fee in lieu, the unpaid remaining balance will be due in full to the City prior to
the change of ownership.
8. Use of the Fee In Lieu. The City will use the fee in lieu collected under this
Agreement to fund planned public improvements along the Property's frontage,
and to complete the required Improvements.
9. Right of Entrv. Applicants agree to allow the City (including its contractors,
employees, and others as authorized by the City) to enter the Property for the
purposes of designing and constructing the Improvements, and/or to perform
any actions reasonably related to the design and construction of the
Page 2 of 5
Instrument Number: 20250312000269 Document:AG Rec: $311.50 Page-4 of 9
Record Date:3/12/2025 9:04 AM King County, WA
Improvements. This City right of entry into and upon the Property shall include,
but not be limited to, the City's right to perform the following actions at or upon
the Property during its design and/or construction of the Improvements:
reconnaissance, surveying, grading, restoration, and installing the sidewalk. This
City right of entry shall automatically terminate when construction of the
Improvements is complete. For purposes of this paragraph, construction of the
Improvements shall be deemed "complete" when the work is physically complete
and the warranty period, if any, has expired.
10. Waiver of Obiections. The Applicants for themselves and their successors and
assigns waive any objection that they may have arising from the payment of a
Fee in Lieu as set forth in this Agreement or from any action under Chapter
12.12 of the Auburn City Code and/or RCW 35.68 or RCW 35.69.
11. Entire Agreement. This Agreement is the entire Agreement between the Parties
regarding its subject matter. If the terms of this Agreement and any Deferral
Agreement between the Parties related to payment of the fee in lieu conflict, the
terms of this Agreement will control.
12. Bindinq Effect, Recordinq. This Agreement will be binding upon the City and
Applicants and their respective heirs, agents, successors, assigns, owners,
officers, directors, shareholders, employees, representatives, attorney, insurers,
divisions, subsidiaries, affiliates, predecessors, and all persons acting by,
though, under or in concert with any of them. This Agreement will be filed with
the King County Recorder's Office and recorded against the property.
13.Amendment. This Agreement may be amended only in writing executed by both
Parties to the Agreement or their successors or assigns.
14. Enforcement / Attornev's Fees and Costs. The Agreement may be enforced only
by the Parties or their successors or assigns and no third party has standing to
enforce the terms of this Agreement. If any Party to this Agreement brings legal
action to enforce the terms or conditions of this Agreement, the prevailing party
in any such action shall be entitled to recover their reasonable attorney's fees
and costs.
[Signatures and acknowledgements follow]
Page 3 of 5
Instrument Number: 20250312000269 Document:AG Rec: $311.50 Page-5 of 9
Record Date:3/12/2025 9:04 AM King County, WA
CITY OF AUBURN
DATED this 1 day of
STATE OF WASHINGTON )
) ss
COUNTY OF (KING )
lga�"11 2025
Jacob S eetin , City E�6ineer
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 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 AV, C 14 , 2025
—ftbn—
Page 4 of 5
Instrument Number: 20250312000269 Document:AG Rec: $311.50 Page-6 of 9
Record Date:3/12/2025 9:04 AM King County, WA
PROPERTY OWNER(S):
Kin San Fong
STATE OF WASHINGTON)
COUNTY OF )ss.
I certify I know or have satisfactory evidence that KIN SAN FONG is the person who
appeared before me, and said person acknowledged that they signed this instrument on
oath stated that they were authorized to execute the instrument and acknowledge as
the Property Owner, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
GIVEN under my hand and official seal this day of
Wh6len-",'Cit'y Attorney
Ja4
,2025
NOTARY PUBLIC IN AND FOR THE STATE
OF WASHINGTON,,,
RESIDING AT
MY APPOINTMENT EXPIRES
Page 5 of 5
Instrument Number: 20250312000269 Roc: S311.50Pugo7of9
Record Date:3/12/2025 9:04 AM Ving County, WA
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June 3,2O24
Kin Fong
73SVVMain St
Auburn, WA 98001
t *yt,, u^�no*�V
RE: Sidewalk Damage at 739 W Main St, Parcel # 3933900015
Reference #:R40673
INITIAL NOTICE
Dear Kin Fong:
Trees on your property at 739 VV Main St grew io o point where they damaged the adjacent
sidewalk. City staff provided a temporary repair to the sidevva/k, but the damaged sidewalk
must still be nap/aced. See the enclosed pictures for details. per Auburn City {}ode (ACC)
12.12.234 "Damage caused tothe sidewalk byvegetation located on private property, lack of
regular maintenance bythe abutting property owner, o[damage that isiOany way caused by
the abutting property owner shall be the responsibility of the private property owner to repair..."
Because the trees that caused the damage are located onyour property, you are responsible
for the damage caused by these trees to the public right-of-way.
The City requires that you:
w Remove the tree roots lifting the sidewalk; and
w Replace the damaged sidewalk.
Sidewalk Replacement
To replace the damaged sidevve|k, you have two (2) options:
1. Hire a licensed contractor who will need to obtain a construction permit from the City; or
2. Prepare and submit an application and pay a fee to have the sidewalk repaired by the
City aspart ofits Sidewalk Repair Program.
City'mS|dem/a|k Program information:
The fee for this programis $32per square foot (SF)Ofsidewalk toLereplaced, which would
come k}8total Uf$4.00Ufor the sidewalk area 125 SFyou are required to replace as a reSU|1
of the damage from your tFHeS. See the enclosed pictures for the dimensions of the sidewalk
panels that you must replace.
To apply for inclusion into this program, please complete and submit the enclosed application,
including payment (if paying by check) and the "Indemnification, Hold Harmless, and Right of
Entry" hznn oVrnp|gted' 3igDed, and notarized. If you prefer to pay by card, please |a{ us know
and we will contact you after your application was received to process your payment over the
phone,
Tree Root Removal
Should you decide to retain the trees and only have the roots removed (by the City or your
contractor), you are encouraged to work with an arborist to evaluate and monitor the health of
the trees to ensure it will not create additional riskG, for which you are responsible.
Should you decide to remove the trees, replacement is required.
Instrument Number: 20250312000269 Document:AG Rec: S311.50 Page-8 of 9
Record Date:3/12/2025 9:04 AM King County, WA
Kin Fong
June 3, 2024
Page 2 of 4
Should you decide to replace the trees within ten (10) feet of the right-of-way, please refer to
the enclosed Standard Detail T-06.6 for required root control barrier specifications. Tree
replacement is your responsibility regardless of whether you participate in the City Sidewalk
Repair Program or hire a licensed contractor to repair the sidewalk.
Timeline
If you choose to hire a contractor, work must be completed within 180 days of this letter, by
November 30, 2024.
If you choose to participate in the City's Sidewalk Program, within 90 days of this letter, by
September 1, 2024, please return the application and the "Indemnification, Hold Harmless, and
Right of Entry" form completed and signed, and complete your payment.
Non-compliance will result in code enforcement action.
Thank you for your attention to this concern. If you have any questions or need to discuss the
timeline for the work or the two options listed above, please contact me at 253-398-7351 or at
vbean@auburnwa.gov.
Sincerely,
Veronica Bean
Transportation Technician
Public Works Department
VB/ar
Enclosures: Pictures of tree and sidewalk damage
Sidewalk Program Application
Indemnification, Hold Harmless, and Right of Entry Form
ACC12.12.234 Sidewalk Repair and Replacement Responsibility
Street Tree Standard Detail T-06.6
cc: Samim Qayoomi, Associate Engineer
Seth Loop, Construction Manager
Instrument Number: 20250312000269 Document:AG Rec: $311.50 Page-9 of 9
Record Date:3/12/2025 9:04 AM King County, WA
'B"uRN
WASHING'"FON
KIN FONG
City of Auburn: Fee in Lieu of Improvements - Payment Schedule
Fee Values
and Terms
Fee amount
$4,000.00 I
I Scheduled payment
Fee period in
months
12 I
I Scheduled number
of payments
Number of payments per month
I
I
Payment Start
Date
I
4/30/2025
Payment
Payment
Beginning
Scheduled
Extra
Total
Ending
Number
Date
Balance
Payment
Payment
Payment
Balance
1
4/30/2025
$4,000.00
$333.33
$0.00
$333.33
$3,666.67
2
5/31/2025
$3,666.67
$333.33
$0.00
$333,33
$3,333.33
3
6/30/2025
$3,33333
$333.33
$0.00
$333.33
$3,000.00
4
7/31/2025
$3,000.00
$333.33
$0.00
$333.33
$2,666.67
5
8/31/2025
$2,666.67
$33333
$0.00
$333.33
$2,33133
6
9/30/2025
$2,333.33
$333.33
$0.00
$333.33
$2,000.00
7
10/31/2025
$2,000.00
$333.33
$0.00
$33333
$1,666.67
8
11/30/2025
$1,666.67
$333.33
$0.00
$333.33
$1,333.33
9
12/31/2025
$1,333.33
$333.33
$0,00
$333,33
$1,000.00
10
1/31/2026
$1'000.00
$333.33
$0.00
$333.33
$666.67
11
2/28/2026
$666.67
$333.33
$0.00
$333.33
$333.33
12
3/31/2026
$333.33
$333.33
$0.00
$333.33
$0M
fib
$33333
12