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Home My WebLink About20120309001475 AGREE FOR DEFERRAL OF IMPROVEMENTS 11/19/2011MST AMFIRKAN.--W- a1 Return Address City of Auburn City Clerk 25 West Main Auburn, WA 98001 5 III I 1 20120309001475 FIRST AMERICAN AG as 00 PAGE-001 OF 008 03/09/2012 16 07 KING COUNTY. WA Above this line reserved for recording information. AGREEMENT FOR DEFERRAL OF IMPROVEMENTS Project No. BLD11 -0149 / GRA11 -0027 Reference # (if applicable): N/A Grantor /Borrower Darrin K and Rosalyn K Kay Grantee/Assignee/Beneficiary, Legal Description /STR: City of Auburn NW1/4 03 21 05 CmDtRTM' a"RDi;41DN NO; ='AMUJi'y1MRVAi')TXAMD /OR Assessor's Tax Parcel ID# 0321059169 :? 1 ff'�cy A'� y- ouvi,,iRwAmwurAw '-TFl R!TLrRA.-!:T;,. r'13t -W NY THIS AGREEMENT made and entered into on the _Lq�`day of aN 2011, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City ", and Darrin and Rosalyn Kay, hereinafter referred to as "Property Owner(s) ", RECITALS 1. The Property Owners are the owners of real property in the City of Auburn, County of ® King ❑ Pierce, State of Washington, located at 28851 140`h St SE and described as shown on Exhibit 'A', attached hereto (the "Property ") 2. The Property Owners desire 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 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 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 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 (the 'Improvements') 2. CONSTRUCTION OF IMPROVEMENTS The Property Owners hereby agree and covenant that they shall construct or cause to be constructed the Improvements described below at his /her /their 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 the Property is subdivided or sold in the future, the Property Owners agree 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 Owners to make, construct, install and provide forthe Improvements shall arise upon not less than thirty (30) days prior written notice to the Property Owners by the City The Property Owners 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 unless a new deferral agreement is granted at the end of the ten year term of this agreement. 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 140th Street SE, a rural residential street, including the construction of 3 feet of asphalt concrete pavement, 3 feet of gravel shoulder, and the relocation of the utility poles along the frontage of the property 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 Owners fail 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 Owners for the costs incurred in connection therewith, 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. 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 Owners 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 Owners' 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: 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 A) B,A�G f.� +otMsj 's 4q�tOF`wAg�\`�� Agreement for Deferral of Improvements I fF-2 , Notary Public in_ Residing at -1- My appointment E Page 5 of 7 day of ,JeeE/,)6EP— ,2011 J`yN� J ✓ ?� ��ro4� �"a L �.� U� �,p L � �,'�h'2k,� ^Q'�,11�� '�v... ,NrNNI PROPERTY OWNER(S): OWNER TITLE OWN rr' TITLE STATE OF WASHINGTON) )ss. COUNTY OF ) On this day personally appeared before me, I V D vow v y r ) q'I', q'o !< and 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). �j� GIVEN under my hand and official seal this 100 day of 1 ` yV�V r `(2011 NO" PubKe stab Of walwottm KAITLYN LEARN NAYWRE My Appointment Eaplres Jab 20, 2015 MAB /tlb File: #1207 Agreement for Deferral of Improvements My appointment Page 6 of 7 wy�I L6 -I �-bs a;t3u�l ;xtnll ;nt{gMISa6V7 t0 J7F1. 3r'01A'v4.�! t ":1A'sJ VY.7itAA dtOS �`; '!86 tn�ro�l lnamx:oquA 161 PROPERTY OWNER(S): EWE: TITLE owl��IL TITLE STATE OF WASHINGTON) )ss. COUNTY OF nt ) On this day personally appeared before me, 2 o sQy nl K C,\ P and to me known to be the ' and of or on behalf of the Property Svner(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 myNh�Al)HiAnd official seal this �. BAD, 4 ' '4 4 i N A& %r' ° z �O Notary Pt MAB /tlb File: #1207 4 day of 1110uEMbE2 , 2011 /,ffttl F�WASN Residing at r' �•`` My appointment expi Agreement for Deferral of Improvements Page 6 of 7 /A �a .r�iaaafa�;4.;y.Y .... ,�. yy,Prp:. �Of v v� ;. P N /h C'P•:: ��ttte'� r q: llfl;tt EXHIBIT `A' Lot 2 of King County Short Plat No 479107, recorded under recording no. 7908140954, records of King County, Washington Situate in City of Auburn, King County, Washington. Agreement for Deferral of Improvements Page 7 of 7