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Home My WebLink About20100727000934 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 072710 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 1111111111111111111111111 1111 20100727000934 PACIFIC NW TIT AG 68.00 PAGE-001 OF 007 07/27/2010 12:20 KING COUNTY, WA Above this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS Project No. FAC09-0014 Reference#(if applicable): N/A Grantor/Borrower: FONPEE, LLC PACIFIC NORTHWEST TITLE UJ'q-5 42 . Grantee/Assignee/Beneficiary: City of Auburn E Legal Description/STR: NE %S2—T21 N—R4E Assessor's Tax Parcel ID#: 022104-9098 THIS AGREEMENT made and entered into on the 27 day of /`L/ , 2010, Y b and between the City of Auburn, a municipal corporation of the State of Washington, 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 _ 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 above- referenced property; and, 3. 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, Agreement for Deferral of Improvements Page 1 of 7 4.The Property Owner desires to defer those street-public works improvements to a later time, and has requested agreement by the City for such deferral; and, 5. As provided for by Titles 12 and 17 of the Auburn City Code, the City Engineer has approved the request to delay the placement of street-public works improvements to serve the 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 The City agrees to allow the Property Owner to delay the making, constructing, installing and providing for the street-public works improvements identified and set forth in paragraph 4 of this agreement (the "Improvements"). 2. CONSTRUCTION OF IMPROVEMENTS The Property Owner hereby agrees and covenants that he shall construct or cause to be constructed the Improvements described below at his expense upon notification by the City that the Improvements are to be constructed. In the event the City determines to construct the Improvements as part of a public works project the property owner, or owners, shall pay the City a 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. In the event that said property is subdivided or sold in the future, the Property Owner agrees to include as a condition of sale or a restrictive covenant the condition that the obligations to make, construct, install or provide for the Improvements shall apply to the subdivisions and future sales of portions of the Property. The condition of sale or restrictive covenant shall also provide that the pro-rata 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 to make, construct, install and provide for the Improvements shall arise upon not less than thirty (30) days prior written notice to the Property Owner by the City. The Property Owner shall make, construct, install or provide for said improvements not later than eighteen (18) months after the date of the written notice from the City. Notwithstanding the timelines in this section, all improvements shall be completed not later than ten years from the date this agreement is executed. Agreement for Deferral of Improvements 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 a residential collector street, including pavement, undergrounding 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. NONEXCLUSIVE REMEDIES In addition to any and all other legal remedies available to the City, if the Property Owner fails to make, construct, install or provide for the construction and installation of the Improvements, then the City shall be entitled and authorized to make, construct, install or provide for such improvements and bill the Property Owner for the costs incurred in connection therewith, or file a lien on the property of the Property Owner 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 shall be paid by the Property Owner 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. RECORDING An executed copy of this agreement shall be recorded among the land records of the ®King (Pierce County Auditor or Recorder. Agreement for Deferral of Improvements Page 3 of 7 10. 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 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. 11. 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 Page 4 of 7 CITY OF AUBURN: ene 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 �7 day of M"7 , 2010.ref •0. s • tr. Public in and for th tate of'Washington Z +F ' _ = Residing at 'L. . .._13 '1' ''/- 0 4G0 = My appointment expires i/i 9/u Nit?Pi 4' '11WAANOW* WAStO.�``� Agreement for Deferral of Improvements Page 5 of 7 PROPERTY OWNER: Dated this r- day of R'/ , 2010 • Authorized Signature Authorized Signature STATE OF WASHINGTON) )ss. COUNTY OF 11,■"g. ) I certify I have know or have satisfactory evidence that rn:cti -k P; i 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 rr-V ,4.1144 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 S Iz%I`J 2vk % e4✓!4 so.:" Notary Pu-dic in and for the" State of Was in. • - residing at lraA My appointment expires t r a4 f z Notary Mk SOW of vwlen ALERT M AVANE$OV t • My M Writs May 12.2012 HS/tlb File:#1279 REF: H:\Development\Projects\Omega-Baja Development\FAC09-001 4 Omega Office&Warehouse\Legal Documents 2010 Agreement for Deferral of Improvements Page 6 of 7 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. Agreement for Deferral of Improvements Page 7 of 7