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Home My WebLink About20140522001526 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 052214Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for information. 111111111 526 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS Project No. SDR13 -0004 Reference # (if applicable): N/A Grantor /Borrower, Lawrence O. Ude & Rita I. Ude Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR: SE -SW Section 11 — Township 21 N — Range 04 E Assessor's Tax Parcel ID# 926280.0032 THIS AGREEMENT made and entered into on the 2 day of M o-y 2014, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City ", and Lawrence O. Ude & Rita I. Ude, hereinafter referred to as "Property Owners ", tx��..: Est• �a ^�::�c rf. NO LL: WITNESSETH: s°r?rrk.a"�rm WHEREAS, the Property Owners are the owners of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 3164656 TH AVE S and described as shown on Exhibit "A," attached hereto WHEREAS, the Property Owners desire 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 Owners desire to defer those street - public works improvements to a later time, and have requested agreement by the City for such deferral; and, Agreement for Deferral of Improvements Page 1 of 7 I WHEREAS, the Asst. Director of Engineering /City Engineer 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 Owners, the City agrees to allow the Property Owners to delay the making, constructing, installing and providing for the street - public works improvements identified and set forth in paragraph 4 of this agreement. 2. CONSTRUCTION OF IMPROVEMENTS The Property Owners hereby agree and covenant that 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 Owners, 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 Owners 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 Owners 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 Owners by the City The time by which the Property Owners 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 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: Half street improvements along the east side of 56th Ave. S consistent with the City of Auburn Design Standards for a residential collector, which include 17' paved lane and shoulder, 6' paved bike lane, 0.5' curb & gutter, 5' sidewalk, 5' landscape strip, undergrounding of utilities, and 3" telecommunications conduit. Note that the width of pavement widening above is the minimum required. Additional paving and right -of -way dedication may be necessary to accommodate the roadway improvements depending on the surveyed location of the existing centerline of 56th Ave. S. All improvements shall be constructed in conformance with the City's design and construction standards in place at the time of design and construction. 5. NONEXCLUSIVE REMEDIES In addition to any and all other remedies available to the City, at law or in equity, if the Property Owners 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 Owners for the costs incurred in connection therewith, and /or file a lien on the property of the Property Owners 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 Owners shall be paid by the Property Owners 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. Agreement for Deferral of ImprovementsPage 3 of 7 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 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 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above set forth. Agreement for Deferral of ImprovementsPage 4 of 7 CITY OF AUBURN Ph DATED this day of %►1 j 2014 Ingrid STATE OF WASHINGTON ) ) ss COUNTY OF KING ) of Engineering /City Engineer I certify that I know or have satisfactory evidence that Ingrid Gaub 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 Assistant Director of Engineering /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 c? day of 2014 Notary Public in and fnr tl ?e'State,of• an Residing at _-7L" cn _ _ 0 cwt "'0' x� My appointment expires_ '/ ? kT �J BApC, b �Q►��POM �•3C�+o�My �,,1% i yl�JillF' Agreement for Deferral of ImprovementsPage 5 of 7 ' `~ ,:x+a `C•. tit 'a" 4� " . y oa, Q y1 i 1 c S '0184 .' Notary Public in and fnr tl ?e'State,of• an Residing at _-7L" cn _ _ 0 cwt "'0' x� My appointment expires_ '/ ? kT �J BApC, b �Q►��POM �•3C�+o�My �,,1% i yl�JillF' Agreement for Deferral of ImprovementsPage 5 of 7 ' `~ ,:x+a `C•. tit 'a" 4� " . y PROP OWNER(S): OWNER TITLE OWNER TITLE STATE OF WASHINGTON) )ss. COUNTY OF KING ) On day personally appeared and before me, and to me known to be the of or on behalf of the Property Owners and the individual or individuals described in and who executed the within foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the above agreement as or on behalf of the Property Owners. GIVEN under my hand and off icia V � QF y 00 r, JAK /tlb /sys Ref' HADevelopment \Projects \UDE — I seal this day of Q}nlxQ 2014 ;1fir:: .'t.ri. e tit �tE j f,m Notary Public in and for the State rof :Washington \;`' res /o —6 -/4 Agreement for Deferral of ImprovementsPage 6 of 7 iJ 7 _ f J CIA SFR \SDR13- 00040eoal Documents \2014 Agreement for Deferral of ImprovementsPage 6 of 7 EM11111Y' "A" LRCM, im..6C1211 -nON THE WEST 2053 FEE C OF TRACT G, 14",,ST AUBURN F1V1? ACRE TRACTS. AS RECORDED IN VOLUME 15 OF PLATS. PAGE 12, RECORDS OF KIND COUNTY, WASHINGTON: EXCEPT THE NORTH 100 FEET THERkOF, ANO GXCEI' "I' "CIII': SOU'CII30I'I?I I "Cf1f31 LOl Agreement for Deferral of ImprovementsPage 7 of 7 12- 15 -20lj