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Home My WebLink About20140522001525 LOCAL IMPROV DIST NO PROTEST AGREEMENT 05/09/2014W -0,V Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 'zmiamszzee }szs Above this line reserved for recording information. LOCAL IMPROVEMENT DISTRICT NO PROTEST AGREEMENT 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�rti'1 ny 2014, by and between the City of Auburn, a municipal corporation of the State ofWashington, hereinafter referred to as "City ", and Lawrence O. Ude & Rita I. Ude hereinafter referred to as "Property Owner ", WITNESSETH. �^� il ti..i.i3s( ? >ti.0';: %'t x:' ..? WHEREAS, the Property Owner is /are the Owner 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 Owner desires to make certain improvements or develop the above - referenced property; and, WHEREAS, in connection with the improvement or development of such property, certain street tree - public works improvements would need to be made or otherwise provided for; and, WHEREAS, the Property Owner agrees to provide for those street tree - 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 I k 5. WHEREAS, the Asst. Director of Engineering /City Engineer of the City of Auburn agrees that the Owner may provide for the placement of street - public works improvements to serve the herein legally described 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 In connection with this agreement, and in connection with the development and /or improvement to the land of the Property Owner, 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 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 street improvements identified and set forth in paragraph 4 of this agreement, if initiated by the City or by property owners adjacent to or benefiting the property The Owner retains the right 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: 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. LID No Protest Agreement Page 2 of 6 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 ❑Pierce County, Washington. 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'ofjthispAgreement. No liability shall attach to the City by reason of entering into�thjs�Agree mg"m� ixcept as expressly provided herein, -A 10. ENTIRE AGREEMENT %eUq This agreement contains the entire understanding of the- partiess?w1Qli, respect to .n::.nrw .+ z the matters set forth herein and any prior or contemporaneous, under:�ta� dings 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 im CITY OF AUBURN DATED this day of 12014 Ingrid G , ss ector of engineering /City Engineer STATE OF WASHINGTON ) )ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that Ingrid Gaub, to me known as the City Engineer representing the City of Auburn's Department of Public Works, who acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. Dated 5 kA J, 6a,1X i PROPERTY OWNER: w✓.,�sz �aGP�— WOW TITLE OWNER TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day personally appeared and before me, Lkktjo-� ue and to me known to be the 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). Dated 2 , Zo 1'V .�_ uia Notary Public in and for the State of Washington Residing t My appointment expires_10 —6 -2v / �F IkhSN`� JAK /tlb /sys Ref. H \Development\Projects \UDE — SFR \SDR13- 0004 \Legal Documents \2014 LID No Protest Agreement Page 5 of 6 EXHIBIT "A" LEGAL, DESCRIPTION THE, WE'ST 205 3) F EF OF TRACT 6, WEST AUBURN FIVL ACRE TRACTS, AS RECORDED IN VOLUME I5 OI N A I S, PAGE 12, RECORDS OF KING COUNTY, WASHINGTON; h.XCf ?P'I" "I•HIi NOR "I'I -1 100 I I31� "I "I'I iF,F�FOF, ANU l,XCla'T TI-1R SOtJ'T'FI 30 FEIrT TIILItLOP LID No Protest Agreement Page 6 of 6