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HomeMy WebLinkAboutProject Oyster, Pasco, LLC - Defferral Agreement for Infrastructure Improvements AFN#1968292 POR 11/02/2022 02:00 PM 9 Page(s)$211.50 Matt Beaton.Auditor Franklin Co..WA FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco Attn:Carmen Patrick 525 N. 3rd Ave Pasco, WA 99301 FORM COMPLETED BY: Carmen Patrick PHONE# 509-545-3441 PLEASE PRINT OR TYPE INFORMATION: ^ DOCUMENT TITLE(S) (or transaction contained therein) �, DERERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS 2. 3. GRANTOR(S) (Last name,first name, middle name/initials): 1. PROJECT OYSTER PASCO LLC 2. 3. 4. � Additional names on page of document GRANTEE(S) (Last name,first name, middle name/initials): 1. CITY OF PASCO 2. 3. 4. � Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) ALL TH PTN W2SE4SE4 34-9-30 LY SLY OF NYL LN OF CO RD � Additional legal is on page of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 112550115 � Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of$50.00 as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date FILED FOR RECORD AT REQUEST OF: CiTy of Pasco,Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3rd Pasco WA 99301 TaY Parcel No. 112-550-115 Abbreviated Legal Description: ALL TH PTN W2SE4SE4 34-9-30 LY SLY OF NLY LN OF CO RD Owner: PROJECT OYSTER PASCO,LLC DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS THIS DEFERRAL AGREEMENT entered into this ��J day of = _, 2022, by and between the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "City", and PROJECT OYSTER PASCO, LLC, hereinafter referred to as "Owner." WHEREAS, the City is obligated under the State Growth Management Act to ensure that the City's transportation and utility systems will be adequate to serve current and future development, without causing the level of service to decline below the standards established by the City resulting in each development being required to construct that portion of the transportation and utility infrastructure as may be necessary to serve that property at the time of permitting; and WHEREAS, Owner is the record owner of the real property located within the City of Pasco, Washington, legally described as follows: ALL TH PTN W2SE4SE4 34-9-30 LY SLY OF NLY LN OF CO RD WHEREAS, the City generally requires frontage improvements under Pasco Municipal Code (PMC) 12.36.050 for developing within the City; WHEREAS, the Owner has requested deferral of certain improvements as set forth more fully below, and the City Engineer for the City has determined that the installation of said improvements required for the development could be safely, Page 1 of 8 112-550-115,Project Oyster-Transit Pass-Through Right-of-Way Improvements Deferral Agreement effectively,.and efficiently implemented if done concurrently with the installation of improvements required for other developments in the same vicinity; and WHEREAS, as a condition of granting this deferral of improvements, the Owner agrees to install such improvements, per City Standards at the time of request, within the deferral period as provided below, or by participating in a local improvement district, or other similar type of district formed by the City for the construction of these improvements, while still subject to the deferral period set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The City hereby defers the installation by the Owner of the following described improvements affecting that real property described above: The installation of curb/gutter, sidewalks/multiuse-path, road right-of-way stormwater facilities and utility extensions along the Sacajawea Park Road frontage of this property. Limits for the deferral will be the installation of the described improvements for parcel 112-550-115 The City grants the following permit: Permit Number B22-0160 2. In consideration of the grant of the deferral of the above-described improvements, the Owner shall construct road widening, street lighting and Type-1 driveway approaches for the above-mentioned permit as well as locate and construct the deferred improvements, within the deferral period, in accordance with the City standards in effect at the time the improvements are to be constructed. 3. Deferral Period. The deferral period shall commence upon final acceptance of the work occurring per City of Pasco permit listed above. The deferral period shall be as follows: a) Within ten (10) years following recording, Owner shall construct those improvements described hereon as required in accordance with City standards concurrently with the installation of improvements required for other developments in the same vicinity, unless the frontage of adjacent Page 2 of 8 112-550-115,Project Oyster-Transit Pass-Through Right-of-Way Improvements Deferral Agreement properties have not been developed within ten (10) years then development of such roadway/frontage improvements is at the discretion of the City Engineer per Section 5. Completion of the deferred right-of- way roadway/frontage improvements as described herein within the abutting right of way shall be done within the standard time frame for right-of-way permits. Final acceptance of the right-of-way work by the City is subject to approved engineering plans and completion of final construction inspections. b) This agreement shall terminate upon completion of the infrastructure improvements. Failure by the City to require construction within ten (10) years shall not constitute a waiver of this condition. The obligation to construct these improvements after ten (10) years shall be enforceable to the full extent of the law, notwithstanding termination of any LID waiver obligations. 4. Owner hereby grants and conveys to the City through its City Manager (or designee), a special power of attorney to exercise any and all rights held by Owner its heirs, assignees, transferees or successors in interest, including any purchaser, mortgage holder, lien holder or other persons who may claim an interest in the above- described real property, to commit said property to an improvement district which includes within its area the above-described property and covers the improvements described above. This power of attorney is granted in consideration of the approval hereby given by the City described above and shall be a power coupled with an interest which may not be terminated except at such time as the above approval be withdrawn or rescinded by the City. The LID waiver portion of this agreement constitutes a waiver of protest as provided by RCW 35.43.182 and shall be effective for ten years. This ten-year limitation shall apply only to the LID waiver portion of this agreement. 5. Upon determination by the City Engineer that the above property no longer meets the deferral requirements, and as such determines that the improvements must be constructed, the City shall provide the owner(s) written notice requiring the construction of said improvements. Upon such notice, and after final decision of the City Engineer, the owner(s) shall have ninety (90) days to construct those improvements in accordance with City standards and specifications. The construction period may be extended by the City Engineer or their designee for an additional period of ninety (90) days upon good cause such as inclement weather or the unavailability of materials or services. Page 3 of 8 112-550-115,Project Oyster- Transit Pass-Through Right-of-Way Improvements Deferral Agreement 6. In the event Owner fails to construct the deferred improvements or fails to complete construction of the deferred improvements within the time provided above, the Ciry shall have the right to enter into the property and construct or complete the construction of the required improvements, with the actual costs of such improvements being assessed against the Owner. Such assessment far costs shall constitute a lien against the property to the maximum extent allowed under the law, including as provided in RCW 35.80.030 (1) (h). Such costs shall also create a personal obligation of any and all owners, assigns, or successors in interest of the property on the date of assessment. In the event a local improvement district, ar other similar improvement district, is organized to construct the improvements described in this Agreement, Owner hereby waives any and all rights to protest the creation by the City of a local improvement district or other similar district to construct the above-described improvements, insofar as said improvement district includes within its area the above-described property and to the extent that said improvements benefit the property above described. Owner further agrees that if the City includes within a project not supported by an improvement district the above-described improvements, Owner, its transferees and any successors in interests hereby agree to participate in said project by paying their fair share thereof. 7. Covenant Recital. This Agreement touches and concerns the real property described above and hereby binds Owner, and its assignees, heirs, transferees, donees, and/or successors in interest to said property. This Agreement shall be recorded in the Franklin County Auditor's Office, by the City, and the terms and conditions of this Agreement shall run with the land. The Owner shall bear the cost of recording this document with the Franklin County Auditor, and shall provide said payment of estimated recording costs to the City at the time of submittal of the deferral request. This agreement shall not be effective until the date of recording with the Auditor. 8. Arbitration and Venue. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in Franklin County, Superior Court, and the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. Page 4 of 8 112-550-115,Project Oyster-Transit Pass-Through Right-of-Way lmprovements Deferral Agreement 9. Authoritr� to A-�rove�reement. The parties represent and warrant that all steps necessary for the approval of this Deferral Agreement have been completed by: A. PROJECT OYSTER PASCO, LLC B. City of Pasco The officers signing below are authorized to do so and that the execution of this Deferral Agreement is valid and binding for all purposes. 10. Nonwaiver. Failure to timely enforce any provision in this agreement shall not constitute a waiver of that condition. ll. Severabili �. If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall apply. However, it is a material term of this agreement that the City provide water and that the Owner construct the listed improvements. Any decision which would alter these conditions will result in termination of this agreement. Page 5 of 8 112-550-115,Project Oyster-Transit Pass-Through Right-of-Way Improvements Deferral Agreement City of Pasco,Washington: By: Title: ��-�-�` -ul�t�{ -e�� City/State/Zip Code STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) I certify that I know or have satisfactory evidence that �1�t2Q,��� � is the person who appeared before me, and said person acknowledged that (he/sl�} signed this instrument and acknowledged it to be (his/ke�rj free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this�day of �C����`2022. � ,,'�- �+{��L�`�_� -, NOTARY iBLIC ' and for the State of Washington APRIL CULWELL Residing at: G� � NOTARY PUBLIC#208573 My Commission Expires: � r�t �2�'�—� STATE OF WASHINGTON COMMISSION EXPIRES JULY 19,2023 Page 6 of 8 112-550-115,Project Oyster-Transit Pass-Through Right-of-Way Improvements Deferral Agreement Developer: By: PROJECT OYSTER PASCO, LLC v�lMo/i�Z¢ci Title: �tC�ld(..S [L�1�� �-` ��{.�SGv►�ah�c- Address 3U N , l�o��ll�z S+f Sv��e �}I`t� _���_tl_ �n OIr�C�'�- Ill��n��s STATE OF ) : ss COUNTY OF C J�� ) Nl��hael I certify that I know or have satisfactory evidence that P����,/_ is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this �3 day of ��`D�0�2�2022. NOTARY PUBLIC in and for the State of II I iCl O\S Residing at: ��U1iC.. C�U��"�1 , � i-Y- r HEATHER PA'CRICIA BEAR p�ftial�eal µotary Public-State of II1i�noZOZ4 My Commission ExP+res feb Page 7 of 8 112-550-115,Project Oyster-Transit Pass-Through Right-of-Way Improvements Deferral Agreement ATTEST: � 1 Debby Barham City of Pasco City Clerk APPROVED AS TO FO M: Kerr Fergus , LLC Ciry of co City Attorney Page 8 of 8 ]12-550-115,Project Oyster-Transit Pass-Through Right-of-Way Improvements Deferral Agreement