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HomeMy WebLinkAboutGeneral Advertising Agency - MOA FILED FOR RECORD AT REQUEST OF : City of Pasco, Washington AFN # 1769361 AGREE WHEN RECORDED RETURN TO : 0712flf-2011 02 ,45 PM C ity of Pasco, Washington 5 Page(s) $67 ,00 525 North 3rd matt Beaton, Auditor Franklin Cc,. WA Pasco WA 99301 Tax Parcel Nos. 119272172, 119272181 and 1192721020 MEMORANDUM OF AGREEMENT BETWEEN CITY OF PASCO AND GENERAL ADVERTISING AGENCY, LLC , I. SUBJECT PROPERTIES , Building A • 3521 W. Court St. • Tax# 119272172 • Built 1980 • 2011 improvement value $ 110, 600 Building B • 3407 W. Court St. • Tax# 119272181 • Built 1980 • 2011 improvement value $42 , 300 Building C • 3315 W. Court St. • Tax# 119271020 • Built 1980 • 2011 improvement value $75 ,400 Memorandum of Agreement - 1 II. BACKGROUND : The City of Pasco (City) is charged by statute (PMC 25 . 75 . 020) to require property owners to upgrade non-conforming building sites and parking areas with landscaping and screening when structure improvements reach 33 % of the building' s assessed value . General Advertising, LLC (GA) is undertaking improvements on the above properties that will exceed 33 % of the assessed valuation currently set forth by the County Assessor. The 2011 assessed value assigned by the County to the improvements on the above properties is substantially and significantly less than the assessed value in each year since 2007 . Relatively minor building improvements will trigger conformance with applicable landscaping and screening requirements per PMC 25 . 75 . 020 . A. City of Pasco and GA agree that. 1 . The property contains three buildings on three separate tax parcels as identified under "Subject Properties" above . 20 The current assessed value creates an artificially low trigger for upgrading the entire parking area to current standards . 3 . The GA wishes to perform improvements to the above buildings that will be required regardless of a future tenant, such as ADA accessible restrooms, lighting and HVAC upgrades . A majority of the building space is vacant and un-leased, so identification of more specific tenant upgrades and commensurate parking requirements is not possible at this time . 40 The City recognizes the value of increased marketability of the properties . 50 Although each of the above properties is on a separate tax parcel, a common parking area serves all three parcels . 6 . Prior to 2011 , the latest assessed improvement value for the above properties (2010) is as follows. BuildinaAA • 3521 W. Court St. • Tax#. 11. 9272172 • Built 1980 • 2010 improvement value $ 826 , 500 Memorandum of Agreement - 2 Building B • 3407 W. Court St • Tax# 119272181 • Built 1980 0 2010 improvement value $437 , 300 Building C • 3315 W. Court St. • Tax.# 119271020 • Built 1980 • 2010 improvement value $633 ,000 7 . The City and GA share the objective of providing site improvements to the project in a manner that is proportionate to a more accurate assessed value of the buildings and meets the intent of the current code, and therefore, agree to utilize the 2010 assessment values for determinations under the Pasco Municipal Code Section 25 . 75 . 020 for the term of this Agreement. 80 The City and GA agree that the mutual promises and obligations contained in this Agreement shall be a covenant which shall run with the land described above as Building A, Building B and Building C ; and that this covenant shall be binding upon all future owners, successors, heirs and assigns .. 90 The representative of GA executing this Agreement by signature below, represents and warrants that he/she is a duly authorized agent of GA with full authority to bind the same. Said representative agrees that to the extent he/she is not authorized to enter into this Agreement, he/she shall be personally responsible for any damages arising herefrom. B. In order to undertake the permitting process the following apply : 1 . Parking lot and landscaping improvements related to implementation of 25 . 75 . 020 PMC will be required and proportional to the amount of parking required for any tenant prior to occupancy of any space in each building. Memorandum of Agreement - 3 28 Once each building is leased at 51 % or more of the total building space, full parking lot and landscaping improvements are required in compliance with PMC 25 . 75 . 020 for the tax parcel on which that building is located . 3 . This agreement shall expire on June 1 , 2013 . At or prior to June 1 , 2013 , this agreement may be extended, or revised upon mutual approval of the City and GA . 40 GA agrees that occupancy of subject properties will not occur in contravention of this agreement. 50 The City and GAA agree that any obligation arrived at under this agreement survives the expiration of the agreement. C . Representative examine of the process is as follows : 1 . Building A requires a new heating system to replace the existing system. GA receives applicable permits to install the new system . This improvement does not result in a certificate of occupancy for Building A therefore parking lot or landscaping improvements are not required as a result of permitting the installation of the new heating system . 20 GA then applies for tenant improvements to Building A that results in leasing 35 % of the square footage of the building and a commensurate parking requirement per 25 . 75 PMC of 80 spaces . GA makes improvements to the parking lot on the tax parcel that Building A is located on to at least 80 parking stalls prior to occupancy of the leased space by the tenant in Building A. 3 . GA later applies for a second set of tenant improvements to Building A that result in leasing an additional 20% of the square footage of the building (resulting in leases for 55 % of the total square footage) . This triggers full compliance with PMC 25 . 75 . 020 and GA must bring the parking lot on Building A tax parcel into compliance with applicable landscaping and screening requirements prior to occupancy by the second tenant. III. GENERAL PROVISIONS : For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the enforcement, breach, default or interpretation of this Agreement, the parties shall first meet in a good faith effort Memorandum of Agreement - 4 to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by resolved by arbitration pursuant to RCW 7 . 04A, as amended, and the Mandatory Arbitration Rules (MAR) ; venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply; and the prevailing party shall be entitled to its reasonable attorney fees and costs . ff DAaisda of V , 2011 . CIT Gary rutc fi eld, C=SING r GE RAL ADVEGENCY, LLC Aim Mexander, Manager Memorandum of Agreement - 5 STATE OF WASHINGTON ) a S!.7. County of Franklin ) On this day personally appeared before me GARY CRUTCHF"IELD. City Manager for the City of Pasco. to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same ,is his free and voluntary act and deed for the uses and purposes therein mentioned. �,*. y w'No my hand and official seal this t day of % 2011 . WO C) 0$ ' , V aw ftb qft � C.3 NOTARY PUBLIC in and or t e tate of Washington p; • .' �. � e �: Residing at; ( asc ® • + �v"& OF �'� � My Commission Expires : /1 # 1101019 STATE OF WASHINGTON ) _ . F County of I certify that I know or have satisfactory evidence that KIM ALEXANDER is the person who appeared before me, and said person acknowledged that (he/she) signed this MEMORANDUM OF UNDERSTANDING on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Manager of GENERAL ADVERTISING AGENCY, LLC to be the free and voluntary act of such .party for the uses and purposes mentioned in the MEMORANDUM OF UNDERSTANDING. GIVEN under my hand and official seal this 15 "%ay of �, c` 52011 0 Notary Public � 7 State of Washington. rsiding PUBLIC 'n and for the State of Washington ISRAEL A GHAVEZ My Appointment Expires Apr 26, 2ot4 ission Expires . , Z�� r Memorandum of Agreement - 6