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Home My WebLink About20150720000668 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 07/23/2010 =FST AMERICAMERICAN pJiL�6 01111010111000111111111 Return Address: • q City of Auburn 20150720000668 City Clerk FIRST AMERICAN AG 78.00 25 West Main PAGE-001 OF 007 Auburn,WA 98001 07/20/2015 12:23 KING COUNTY, WA 20100729000795 MACFARLANE AG 67.00 PAGE-001 OF 006 07/29/2010 14:12 KING-COUNTY, WA _ _ Ir trt 4- cl (laic& and a 9ncluv Above this line reserved for recording information. Pdltc— AGREEMENT FOR DEFERRAL OF IMPROVEMENTS L99P3018 — Plat of Potter aka Seramonte Reference#(if applicable): N/A Grantor/Borrower: 1) Michael Goheen 2)Christie Goheen Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE4-21NSE Assessor's Tax Parcel ID#: 7695370060 THIS AGREEMENT made and entered into on the)7) day of , 2010, by and between the City of Auburn, a municipal corporation of the Stat of�shington, hereinafter referred to as"City", and Michael 8 Christie Goheen, hereinafter referred to as 'Property Owner", WITNESSETH: WHEREAS, the Property Owner is the owner of real property in the City of Auburn, County of E King ❑ Pierce, State of Washington, described as' Lot 6 Seramonte according to the Plat Thereof Recorded in Volume 232 of Plats,At Pages 4—8, King County. • 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 desires-to defer those.street_tree.-_public works Agreement for Deferral of Street Tree Improvements-Goheen Page 1 of 6 improvements to a later time, and has requested agreement by the City for such deferral; and, WHEREAS,the Assistant Director of the Public Works/City Engineer of the City of Auburn has approved the request to delay the placement of street tree - 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 owner,the City agrees to allow the Property owner to delay the installing and providing for the street tree - public works improvements identified and set forth in paragraph 4 of this agreement. 2. CONSTRUCTION OF IMPROVEMENTS The Property owner hereby agrees and covenants that they shall install the deferred improvements described below at their expense upon determination by the City of Auburn that the improvements have become necessary. In the event the City determines to install 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 installation, inspection and other project related expenses, which benefit the property of the • Property owner, described as Lot 6 Seramonte according to the Plat Thereof Recorded in Volume 232 of Plats, At Pages 4— 8, King County and incorporated herein by this reference. In the event that said property is subdivided or sold in the future, the Property owner agree to include as a condition of sale and/or a restrictive covenant the condition that the obligations to install or provide for the street tree - 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 as Lot 6 Seramonte according to the Plat Thereof Recorded in Volume 232 of Plats,At Pages 4 —8, King County. 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 owner to install and provide for the street tree - 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 owner by the City. The time by which the Property owner shall install or provide for said improvements shall be not later than twelve (12) months after the written notice b the Ci Agreement for Deferral of Street Tree Improvements-Goheen Page 2 of 6 • 4. DESCRIPTION OF IMPROVEMENTS The improvements to be included in connection with this agreement shall be as follows: Installation of Street Trees as required per the King County Standards and the approved plans for Project# L99P3018, Plat of Potter aka Seramonte, Page C17. To be located within the street frontage of lot 6 or installation of street trees may be satisfied by incorporating trees into the front yard landscape that are consistent in size and species with those already installed in adjacent homes of plat and agreed _ _ to by the City of Auburn. 5. NONEXCLUSIVE REMEDIES in addition to any and all other remedies available to the City, at law or in equity, if the Property owner fail to install or provide for the improvements, or otherwise arrange for the installation of such improvements,then the City shall be entitled and authorized to or provide for such improvements and bill the Property owner for the costs incurred in connection therewith, and/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 as Lot 6, Seramonte according to the Plat Thereof Recorded in Volume 232 of Plats, At Pages 4 —8, King County. 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 installation or effect of this agreement, or the rights of the parties to this agreement, it is agreed that venue shall be in ®King DPierce 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 OKing DPierce County Auditor or Recorder. Agreement for Deferral of Street Tree Improvements-Goheen Page 3 of 6 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 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. . 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 Street Tree Improvements-Goheen Page 4 of 6 CITY OF AUBURN Ass( it Engineering/City Engineer STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Ingrid Gaub is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Assistant Director 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 -i day of .Inpr1 mboF_ , 2014. ,�\`\\\\∎""%111111 _ �,/G ��,,7]7�!"n(\J �,P,„„„„�yl 11,4/ 1 1 l / Y , v J y O % I Z , 4 '/ iii- (-1 E`-/ ?A iy>vote a : Notary Public in and for the Sltate of Washington e0'l IcIASH N% Or Residing at ��cnce a ��«ni 1 l z- /1 1 k; G My appointment expires t 1/iq f 1" Agreement for Deferral of Street Tree Improvements - Goheen Page 5 of 6 • • PROPERTY OWNERS: M%cllad awn 111.-2.- Jd• OWNER TITLE - ✓��r/ goAeC/- en ifthil OWNER TITLE • STATE OF WASHINGTON) • )ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Mic.hac1 Gct't<tn and e'So Gn\nexn are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this 236' day of 7'1�i y , 2010. • . SHEILA D.COCHRAN 1 Stakt-L-e- C1 NOTARY PUBLIC STATE OF WASHINGTON ztiEXPIRES Notary Public ij,\ and for the State of Washington MARCH 19 2014 Residing at }Lk n- i, -W My appointment expires `?new i.L Q .20i51 -Si.• •.• atnn ',h::1::V!u:,)_r,1•i.0 ':l • _— - - - ti ; Inr.>Ir,::(I dot. n•• . •N1 . 61at.In , !: . ..'I''o::i . „Garin^n..i .!•. •LED/tlblrt _ _::: Ref: H:\Development\Projeb s\Se?amonte-King County Plat\Goheen12010" '+""' "',• 1: . � . „L^:.'mi.n In Agreement for Deferral of Street Tree Improvements-Goheen .,,;_ I,,,,,;"nn;(I• Page 6 of 6 ' :n Xtnda0 9u!suaan spJoaabJoIotaalm OZ ctoa o c wnr Jo t r++i+�� ,Sep slip leas InIDWopuepueq,(uissau i .11 •'_%3iyj,:�'S,�!. �oa�aytaloymoyt,7o pun leui9uopl esJotduasuwnaopodpun . •. ,y. - anot e sI awes ow Imp pun aa�J°aqt ui pioaa.ijo pun ojp uo ■ • &leadde owns oyt se tuawnitsw Icuiuo ayt yum paledwoa • • ifyunoo 6uix •• uooq seq,(doa 9uioSwoj ayt AJIIJOa,Sgaiay op'stuawn�tsw •k ' .1agto pun spaaaJoJapioaayouipoxapueuol°uiyseM Jo aims'C tunoO9uIN•9wsuoaIygs111033)JoJotaaiIOogj J e �� ' f Sup(JoAlunoj • 3 t) ; L NOIDNIHSVM dO gIVJ.S • •