HomeMy WebLinkAbout20091118001268 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 110209Return 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.SPL09-0001
Grantor/Borrower: 1) Nikolay Bozhko
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: 05-21-05
Assessor's Tax Parcel ID#: 052105-9051
Additional on page: _
2) Lyubov Bozhk6
Additional on page:
THIS AGREEMENT made and entered into on the L day of Noo3 n 62o 20_,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City", Nikolay Bozhko and Lyubov Bozhko, hereinafter
referred to as "Property Owner(s)",
WITNESSETH:
WHEREAS, the Property Owner(s) is/are the owner(s) of real property in the
City of Auburn, County of ® King ❑ Pierce, State of Washington, located at
29935112 th Avenue SE, Auburn, WA and described as shown on Exhibit "A", attached
hereto.
WHEREAS, the Property Owner(s) desire(s) 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 Owner(s) desire(s) to defer those street-public works
improvements to a later time, and has (have) requested agreement by the City for such
deferral; and,
Agreement for Deferral of Improvements
Page 1 of 7
WHEREAS, the Director of the Public Works Department 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:
1. DELAY OF IMPROVEMENTS
In connection with this agreement, and in connection with the development and/or
improvement to the land of the Property Owner(s), the City agrees to allow the
Property Owner(s) to delay the making, constructing, installing and providing forthe
street-public works improvements identified and set forth in paragraph 4 of this
agreement.
2. CONSTRUCTION OF IMPROVEMENTS
The Property Owner(s) hereby agree(s) and covenant(s) that he/she/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 Owner(s), 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 Owner(s) 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 Owner(s) to make, construct, install and provide for
the street-public works improvements described and set forth in paragraph 4, below,
shall arise upon not less than thirty (30) days prior written notice to the Property
Owner(s) by the City. The time by which the Property Owner(s) shall make,
construct, install or provide for said improvements shall be not later than twelve (12)
months after the written notice by the City.
It is provided, however, that the improvements shall be completed not laterthan the
later of the day of 20 , or ten years after the date
hereof, or such other date as is mutually agreed in writing.
Agreement for Deferral of Improve
Page 2 of 7
4. DESCRIPTION OF IMPROVEMENTS
The improvements to be included in connection with this agreement shall be as
follows:
One-half (1/2~ of one (1) local access street (111th Avenue SE) and one (1) minor
arterial (1121 Avenue SE); including pavement, undergrounding of utilities,
landscaping, storm drainage, curb & gutter, sidewalk, illumination, channelization,
and signing. 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 remedies available to the City, at law or in equity, if
the Property Owner(s) 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 Owner(s) forthe costs
incurred in connection therewith, and/or file a lien on the property of the Property
Owner(s) 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(s) shall be paid by the Property Owner(s) 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. 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
initiated by the City or by property owners adjacent to or benefiting the property.
Agreement for Deferral of Improvements
Page 3 of 7
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.
Agreement for Deferral of Improvements
Page 4 of 7
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date and year first above set forth.
CITY OF AUBURN
~r
CTOR OF BLIC WORKS
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis Dowdy 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 Director of Public Works 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 C0 day of Nv--~,t, F.nP-
BBL
A
~htti~FtWASN\~~~
2009.
J t ✓a
Residing at h a
Cr,
My appointment
ngton
Agreement for Deferral of Improvements
Page 5 of 7
PROPERTY OWNER(S):
ITf
OWNER
TITLE
OWNER
TITLE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this day personally appeared before me, N l kai 44 QOZ k ~ C and
Ly,, 6ov 6--L6ko , to me known to be the
and of or on behalf of the Property Owner(s) and
the individual or individuals described in and who executed the within foregoing
instrument, and acknowledged that he/she/they signed the same as his/her/their free
and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he/she/they is/are authorized to execute the above agreement as or on
behalf of the Property Owner(s).
GIVEN under my hand and official seal this day of I~ovCwn ~Sfif 2009.
t
i
jhic4~Ge~ S. Grnf
Notary Public in and for the State of Washington
Residing at 6,6v rn . Uv A
My appointment expires t 1-~)Lcl,k o
MB/tlb/hm
Ref: H:\Development\Projects\Bozhko Short Plat\2009
Agreement for Deferral of Improvements
Page 6 of 7
EXHIBIT A
THE NORTH 30 FEET OF THE NORTH 230 FEET OF THE EAST HALF OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN
KING COUNTY, WASHINGTON;
EXCEPT ROAD; AND;
,,.LL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
" TARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE
-RIDIAN, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 IN EASTRIDGE MANOR,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 88 OF PLATS, PAGE
84, IN KING COUNTY, WASHINGTON;
THENCE ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 6
TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER;
THENCE WEST ALONG THE SAID SOUTH LINE OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER TO THE INTERSECTION OF THE SOUTHERLY
EXTENSION OF THE CENTER LINE OF 111TH AVENUE SOUTHEAST AS SHOWN ON
THE PLAT OF SAID EASTRIDGE MANOR;
THENCE NORTHERLY ALONG SAID SOUTHERLY EXTENSION OF THE CENTER
LINE OF 111TH AVENUE SOUTHEAST AS SHOWN ON THE PLAT OF SAID
EASTRIDGE MANOR, TO THE INTERSECTION OF THE WESTERLY EXTENSION OF
THE SOUTH LINE OF LOT 7 IN SAID EASTRIDGE MANOR;
THENCE EAST ALONG SAID WESTERLY EXTENSION OF LOT 7 AND THE SOUTH
LINE OF SAID LOT 7 AND THE SOUTH LINE OF LOT 6 TO THE POINT OF
BEGINNING;
EXCEPT ANY PORTION LYING WITHIN I I IT" AVENUE SOUTHEAST AS SHOWN IN
SAID PLAT OF EASTRIDGE MANOR;
TOGETHER WITH THE SOUTH 15 FEET OF LOT 6 OF SAID PLAT OF EASTRIDGE
MANOR.
(ALSO KNOWN AS LOT 8, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER
L94L0105, RECORDING UNDER RECORDING NUMBER 9412210721, IN KING
COUNTY, WASHINGTON)
Agreement for Deferral of Improvements
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