HomeMy WebLinkAbout20171005000685 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 061317 NE- o2_ -1t _ 0'-1
30 to
Return Address:City of „ - _- -
City Clerkburn II111111111111111111111111111111111111111111111111111
West Mln
A 20171005000685
Auburn, WAA98001
AGREEMENT Rec: $80.00
10/512017 11:51 AM
^) KING COUNTY,WA
FIRST AMERICAN V`�
Above this line reserved for recording information.
AGREEMENT FOR DEFERRAL OF IMPROVEMENTS
FAC16-0016
• Reference # (if applicable): N/A
Grantor/Borrower: FONPEE,LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE 1/4 S2-T21N-R4E
Assessor's Tax Parcel ID#: 022104-9098
•
THIS AGREEMENT made and entered into on the 13llay of JUNE , 2017, by
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", Said documents were filed of
record as an accomodation only
It has not been examined as to
RECITALS proper execution or as to its
-ect upon title
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 and described as shown on Exhibit "A," attached hereto
(the "Property").
2. The Property Owner desires 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 Owner desires to defer those street-public works improvements to
a later time, and has requested agreement by the City for such deferral; and,
FAC16-0016 Agreement for Water Main Deferral of Improvements
Page 1 of 7
Kaa.
5. As provided for by Titles 12and 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 they shall construct or
cause to be constructed the Improvements described below at 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 Owner 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 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 unless a new
deferral agreement is granted at the end of the ten year term of this agreement.
FAC16-0016 Agreement for Water Main 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:
Water Main Extension as depicted on the FAC09-0014 approved plans, along
property frontage with South 292nd Street, including pipes and fittings. 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 F Pierce County Auditor or Recorder.
FAC16-0016 Agreement for Water Main 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.
FAC16-0016 Agreement for Water Main Deferral of Improvements
Page 4 of 7
CITY OF AUBURN:
C. cn
/l Y J
City Engineer" Cy
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 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 IL! day of -JUNE- , 2017.
ie„ "
~: • . Notary Public in and for the State of Washington
z Residing at —t us lee. Cow i-./
�eu`°`q O _ My appointment expires a/'41/4
it 'Ili. lost
F r%n ' ?
r44OFWA51\�
FAC16-0016 Agreement for Water Main Deferral of Improvements
Page 5 of 7
SIGNATORY - LLC
DATED this /? day of �UitJe_ , 2017.
a
/Authorized Signature
Authorized Signature
STATE OF WASHINGTON)
ss
COUNTY OF KING )
I certify I have known or have satisfactory evidence that flit (t_ Wit-A-
is/are the person'scwho appeared before me, and said
person'($ acknowledged that he/rhe/they signed this instrument on oath stated that
he/she/they was/were authorized to execute the instrument and acknowledge as the
G-oVFit0R- of roMpEaLL.0-
a limited liability company, to be the free and voluntary'act of stuch party for the uses and
purposes mentione in the instrument.
� (t G /
Dated 2AA,,to
->t: . BAD 6,
% i. Ak Notary Public in and for the tateSof Washington
$ z Residing at —Pia/CP Coue'd-y
ituv
N , � ��® �� My appointment expires is/mho?
//,/rOwal -S
k
MAB/tib/as
FAC16-0016 Agreement for Water Main Deferral of Improvements
Page 6 of 7
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF GOVERNMENT LOT 1 AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING ON THE EAST UNE OF SAID GOVERNMENT LOT 1 AT A POINT WHICH IS SOUTH 01'33133' WEST,
945.12 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE NORTH 8917'33' WEST, 428.00 FEET;
THENCE NORTH 01'33'33" EAST, 99.91 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 845.12 FEET OF THE
NORTHEAST QUARTER OF SAID SECTION 2;
THENCE NORTH 8917'33" WEST ALONG SAID SOUTH LINE, 652.19 FEET TO A POINT ON THE EAST UNE OF THE WEST
1524.60 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2;
THENCE SOUTH 01'05'07" WEST ALONG SAID EAST LINE, 317.86 FEET TO A POINT ON THE NORTH UNE OF THE
SOUTH 1236.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 2;
THENCE SOUTH 8955'04' EAST ALONG SAID NORTH LINE, 309.58 FEET TO A POINT ON THE NORTHERLY UNE OF
THE M. MARKDAHL ROAD AS CONVEYED TO KING COUNTY BY DEED RECORDED IN VOLUME 1167 OF DEEDS, PAGE
133, RECORDING NUMBER 1592515 (ALSO KNOWN AS MEREDITH RD. OR S. 292ND ST.);
THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE TO THE EAST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 2;
THENCE NORTH ALONG SAID EAST LINE, 95.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
EXCEPT THE RIGHT OF WAY OF SECONDARY STATE HIGHWAY NO. 5M (WEST VALLEY HIGHWAY); AND EXCEPT THAT
PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER
9604220946.
FAC16-0016 Agreement for Water Main Deferral of Improvements
Page 7 of 7