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Home My WebLink About20171005000686 AGREEMENT FOR DEFERRAL OF IMPROVEMENTS 061317 t 346 Return Address: - - — - - ._ City of Clerk Auburn City ClII 11111111 Hill I I II I I I II I I II I III III 25 Main Auburn, WA98001 20171005000686 AGREEMENT Rec: $80.00 "Th 10/512017 11:51 AM W3151-31 \ KING COUNTY,WA FIRST AMERICAN tt" W31 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/Inlay ofi2tAJc , 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. RECITALS It has not been examined as to proper execution or as to its effect upon title 1. The Property Owner are the owners 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 Deferral of Street Improvements Page 1 of 7 �1 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 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 Deferral of Street 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 a residential collector street, including pavement, undergrounding of utilities, landscaping, storm drainage, curb & gutter, sidewalk, illumination, channelization, and signing, from the access driveway to the west end of the property frontage along South 292nd Street. All said improvements shall be constructed in conformance with the City's design and construction standards in place at the time of 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 ❑Pierce County Auditor or Recorder. FAC16-0016 Agreement for Deferral of Street 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 Deferral of Street Improvements Page 4 of 7 CITY OF AUBURN: City EngineeS� 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 ly day of —JUIN t= , 2017. s',v. BAOr,I.„ \ V p Ir i p\ %e'J' o = Notary Public in and for the State Of Washington *, TA h1- >' = Residing at j-)c sem,e.o COCA-Pi p ? = My appointment expires ,///91/9 F ///'cicpP`WAg� �. FAC16-0016 Agreement for Deferral of Street Improvements Page 5 of 7 SIGNATORY - LLC DATED this 7 ‘4--- day of c/✓e , 2017. Authorized Signature Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that nil 1 KF C l I Fes. is/are the person(s)'who appeared before me, and said persori(sj acknowledged that heThe/they signed'thit instrument on oath stated that he/shed/they Go., was/were authorized to execute the instrument and acknowledge as the — 1 o.,Emote of FON f7EE / J+LI.., a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated L9/ 13/ /; ,,/kciqwn„ O ra__Hrli/-e.AAf 3� ra u r 'vs-0011 t*�A E-RR, IN Badc# • - Notary Public in and for the State of Washington - 'if c. Residing at Pc t. to Lowvt j��'�°4/q,•Yg.�1 I_ My appointment expires 11 //�/loi //Il4i�itWASH`��414 MAB/tib/as FAC16-0016 Agreement for Deferral of Street 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 LINE OF SAID GOVERNMENT LOT 1 AT A POINT WHICH IS SOUTH 01'33'33" WEST, 945.12 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE NORTH 8917133" 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 LINE 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 89'55'04" 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 POR110N THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 9604220946. FAC16-0016 Agreement for Deferral of Street Improvements Page 7 of 7