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Home My WebLink About20071204000973 AGREEMENT 112707Return Address: 6~34 odk-\O"O-V- L!j!j Glk,.k 29 )71204,000973 Please print or tvue information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. / I C /ZC E ~yl fJl"/ 2. 3. 4. Reference Number(s) of Documents assigned, released, modified, etc.: Additional reference #'s on page of document Grantors (Las name, first name, initials) 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 2. C Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) il ~`t ••^4P , lC 1 t~ I °~K Srt~ t.Ga 0LC~IA AJ ty.LU- 4L3 w. S k b t k tar, wsi,..0 ~-4 , ' l2`ti F~ S', 'es f- t L, Additional legal is on page of document. C,k-,j j~- /a-..., a~ >~1~ tC w- , l u R Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. (VL, Signature of Requesting Party AGREEMENT FOR MAINTENANCE OF OPEN SPACE AND MEDIAN FOR TRAIL RUN THIS AGREEMENT is made by and between Centex Homes, a Nevada General Partnership (hereinafter referred to as "Centex"), and the City of Auburn, a Washington municipal corporation (hereinafter the "City"). WHEREAS, Centex is the owner of certain real property located in the City of Auburn, County of King, State of Washington that is commonly known as Trail Run (formerly, River Sand); and WHEREAS, Centex Homes will establish a Home Owners' Association that will ultimately be a successor in interest, and obligated by this Agreement; and WHEREAS, Centex and the City desire to establish Centex's responsibility for the maintenance of the Open Space and other communally-owned and publicly-owned tracts and medians, as required to meet the PUD requirement of 20% Open Space within Trail Run in accordance with City of Auburn Ordinance No. 5971 approving the Planned Unit Development (PUD), and as provided for in Resolution No. 3952 approving the Preliminary Plat and provided for in the Final Plat of Trail Run, NOW, THEREFORE, Centex, its successors and assigns, hereby covenant with the City to establish the following obligations in order to provide for the maintenance of the Open Space, communally-owned facilities, and publicly-owned facilities within Trail Run in accordance with Ordinance No. 5971 and Resolution No. 3952 and the Final Plat thereof. Section 1. Maintenance Obligations for Landscaping and Facilities. Centex and/or its assigns and successors hereby agrees to be responsible for, and to bear the expenses of, maintaining the following tracts set forth in the Final Plat of Trail Run in accordance with the approved Landscape Planting Plan included in the FAC05-0028 plans, for Trail Run, incorporated herein by reference, as well as maintaining and repairing all improvements to said tracts and medians, including, but not limited to, all irrigation systems, walkways, benches, signs, lighting not including City required street lighting, fences, and mowing strips. A general plan of the tracts is set forth in Exhibit "A" hereto for illustrative purposes only. a. Tracts A through G (City-owned tracts with linear park and sidewalk space). b. Tracts H through L (Centex-owned tracts with landscaped open space bordering rows of lots) C. Tract M (Centex-owned open space containing compensatory flood storage encumbered by a conservation easement). Landscaping Maintenance Agreement Pagel of 5 11/26/2007 d. Tract N (City-owned Tract containing storm drainage facilities). Except that the portion of this tract that lies below the water surface elevation for a ten-year storm event shall be maintained by the City. The balance of the tract (at the time of the agreement, the portion of the tract that lies outside of the fenced area) shall be maintained by Centex. e. Tract Q (Centex-owned open space containing compensatory flood storage conservation easement). Tract R (Centex-owned open space containing wetland, wetland buffer and compensatory flood storage encumbered by a conservation easements). g. Tract S (Centex-owned open space containing wetland, wetland buffer and compensatory flood storage encumbered by a conservation easements). h. Median on "L" Street NE/plat entrance (City-owned landscaped planter island within the public roadway). Tract U (Centex owned entry and monumentation tract) Section 2. City's Right to Maintain. Pursuant to conveyances set forth on the Final Plat, the City shall have easements in all open space tracts and communally-owned facilities for the purposes of performing maintenance upon the City's determination that a portion, segment or all of an open space tract or communally-owned facility is not maintained according to Landscape Planting Plan. Centex or its successor's and assigns shall reimburse the City on demand for all reasonable and necessary costs and expenses related thereto. Section 3. Centex's Assignment of Obli¢ations to the Trail Run Homeowners' Association. Centex shall assign its obligations and responsibilities under this Agreement to the Trail Run Homeowners' Association upon that association's formation. Such Assignment shall be binding upon and inure to the benefit of the successors and assigns of Centex Homes. Following such assignment, Centex shall not be liable for any obligations under this Agreement that accrue after the effective date of the assignment. Section 4. Representations or Warranties. Each signatory to this Agreement represents and warrants that he or she has full authority to execute and deliver this Agreement on behalf of the entity or party for which he or she is signing. Upon proper execution and delivery, this Agreement will have been duly entered into by the parties, will constitute as to each party a valid, legal and binding obligation, and will be enforceable against each party in accordance with the terms herein. Section 5. Severability. If a court of competent jurisdiction determines that any section of this Agreement is invalid, such invalidity shall not affect any other provision of this Agreement. Landscaping Maintenance Agreement Page 2 of 5 11/26/2007 Section 6. Enforcement. The prevailing party in any legal action brought to enforce the terms of this Agreement shall be entitled to its reasonable attorney's fees, expert witness, fees, costs and any such fees and costs incurred on appeal. This Agreement constitutes Centex's compliance with conditions 2, 4, 7, 8, and 9 of the PUD approval, Ordinance No. 5971 and preliminary plat approval, Resolution No. 3952. If Centex or any other subsequent Owner of the property in the plat fails or refuses to perform the terms and conditions of this Agreement, the City may remedy such breach by appropriate proceedings which may include an enforcement action under the Auburn Subdivision Code and/or the Auburn Civil Penalties for Violations. Section 7. Insurance. Centex or its successors and assigns shall be responsible for maintaining, at its sole cost and expense, Commercial General Liability insurance, insuring the City and Centex against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under Centex's Commercial General Liability insurance policy with respect to the work performed for the City, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. Centex shall furnish evidence, satisfactory to the City, of all such policies, and pursuant to ACC 12.60.020, Centex shall provide the City with proof of continuation of this coverage annually upon the anniversary of the execution of this Agreement. Section 8. Indemnification. Centex shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including reasonable attorney fees, by any reason of or arising out of the act or omission of Centex, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except to the extent injuries and damages caused by the negligence of the City. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and Centex and their respective officers, agents and employees, or any of them, Centex shall satisfy the same to the extent that such judgment was due to Centex's negligent acts or omissions. Section 9. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and venue shall be King County, Washington. Section 10. Waiver. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Centex or its successors and assigns. No tern shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Section 11. Integration. This Agreement, including its exhibits and all documents referenced herein, constitutes the entire agreement between the City and Centex, and supersedes all proposals, oral and written, between the parties on the subject. IN WITNESS WHEREOF, the parties have executed this Agreement on the later of the dates written below. Landscaping Maintenance Agreement Page 3 of 5 11/26/2007 CITY OF AUBURN, Centex Homes, a Nevada General Partnership a municipal corporation in the State of Washington By: Centex Real Estate Corporation, A Nevada Corporation, Managing General Partner By: Peter B. Lewis, Mayor By: 4w~~~ Rob Purser, Division President Date: Q QLV1r 7,~,6 , D-~0-7 ATTEST: By.\~c t t~~ Its: City leJrk.` Date: 1 \10~ QtV Y)f V>~ Date: k ZZ APPROVED AS TO FORM: By: Its: City Attorney Date: 9 l Landscaping Maintenance Agreement Page 4 of 5 11/26/2007 GREEN RIVER TRACT 'G' TRACT 'F'TRACT 'T' 'L' I I TRAI w TR I I ~ I ~ N TRAM TRACT 'N TRACT 'U' I 'L' STREE L TRACT 'Q' TRACT 'R' TRACT I ACT "K' TTRACT 'M' ` 0 125' 250' 500' EXHBIT 'A' 1 "=250' +1/26/07 H IRACT B' I STREET NE