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Home My WebLink About20100727000935 LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 072710 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20100727000935 PACIFIC NW TIT AG 67.00 PAGE-001 OF 006 07/27/2010 12:20 KING COUNTY, WA Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT Project No. FAC09-0014 Reference#(if applicable): N/A VAGIFIC NORTHWES T l LE Grantor/Borrower: FONPEE, LLC 10c;�(-t,-2— �L Grantee/Assignee/Beneficiary: City of Auburn C �r Legal Description/STR: NE '/4 S2—T21 N—R4E O ro Assessor's Tax Parcel ID#: 022104-9098 THIS AGREEMENT made and entered into on the 2s day of , 2010, by and between the City of Auburn, a municipal corporation of the State of ashington, hereinafter referred to as "City", and FONPEE, LLC, hereinafter referred to as "Property Owner", RECITALS: 1. The Property Owner is the Owner of real property in the City of Auburn, County of ® King n Pierce, State of Washington, located at 3705 West Valley Highway North and described as shown on Exhibit "A," attached hereto (the "Property"). 2. The Property Owner desires to make certain improvements or develop the Property; and, 3. In connection with the improvement or development of the Property, certain street-public works improvements would need to be made or otherwise provided for; and, 4. The Property Owner agrees to provide for those street-public works improvements through participation in a future Local Improvement District ("LID") encompassing those improvements, should one be formed; and, LID No Protest Agreement Page 1 of 6 5. As provided for by Titles 12 and 17 of the Auburn City Code, the City Engineer agrees that the Owner may provide for the placement of street-public works improvements to serve the Property through participation in a future LID, NOW THEREFORE, based upon good and valuable consideration,the sufficiency of which is hereby acknowledged, IT IS AGREED as follows: 1. LID PARTICIPATION The City agrees to allow the Property Owner to provide for the making, constructing, installing and providing for the street-public works improvements identified and set forth in paragraph 4 of this agreement(the "Improvements")through participation in a future LID. 2. OWNER WILL NOT PROTEST FORMATION OF LID The Property Owner agrees not to protest the formation of an LID for any or all of the Improvements if an LID is initiated by the City or by property owners adjacent to or benefiting the property. The Owner retains the rights to object to the Owner's individual assessment and to appeal the final assessment roll to the superior court. 3. TERM OF AGREEMENT Pursuant to RCW 35.43.182, this Agreement shall terminate ten (10)years after its date of execution. 4. DESCRIPTION OF IMPROVEMENTS The improvements to be included in connection with this agreement shall be as follows: One-half(1/2) of a residential collector street, including pavement, under-grounding of utilities, landscaping, storm drainage, curb & gutter, sidewalk, illumination, channelization, and signing, from the access driveway to the west end of the property frontage along South 292nd Street. 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. 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." 6. 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 flPierce County, Washington. LID No Protest Agreement Page 2 of 6 7. 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. 8. RECORDING An executed copy of this agreement shall be recorded among the land records of the ®King ❑Pierce County Auditor or Recorder. 9. 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. 10. 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. LID No Protest Agreement Page 3 of 6 CITY OF AUBURN: D -, Sp Ar. City Engineer STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dennis Selle 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 °1 day of m , 2010. vv" " � �/ fl` ♦-,`` \\t\11111 / I' 50 46 EiLtLi • - "= 5 Notary Public in_and for the S to of Washington TA% ''ow(' = Residing at C��e h Qe //i 1'Jt1`'477-79-'��~~`"��= My appointment expires t// /c/ ,r 1,1CF WASN��.�� LID No Protest Agreement Page 4 of 6 PROPERTY OWNER: Dated this day of 1e / , 2010 d �/ Authorized Signature Authorized Signature STATE OF WASHINGTON ) )ss. COUNTY OF I certify I have know or have satisfactory evidence that w .o -t cy-L 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 acknowledge as the of the FONPEE, LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Z-5I 'oto q11D. Notary Public in and for the State of Washington residing at 3ee,VA k tAJ My appointment expires Notary►uhlk Stilts of Washington ALBERT N AVANESOV ' My AppoinlmeM Expires May 12,2012 HS/tlb File:#1279 REF: H:\Development\Projects\Omega-Baja Development\FAC09-0014 Omega Office&Warehouse\Legal Documents\2010 LID No Protest Agreement Page 5 of 6 EXHIBIT A NEW PARCEL "A" LEGAL DESCRIPTION PER AUBURN BOUNDARY LINE ADJUSTMENT NO. BLA07-0009, AS RECORDED UNDER RECORDING NUMBER 20071206900004, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. LID No Protest Agreement Page 6 of 6