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Home My WebLink AboutWSDOT - Deferral Agreement for Infrastructure Improvements Parcel #112520141- Rerecorded 113240020FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3rd Pasco WA 99301 „- I I �— a4o -oa 0 Tax Parcel No. L r _ — _ f 1 AFN # 1810105 PRAG 01/03/2014 02:48 PM 5 Page(s) $76.00 Matt Beaton, Auditor Franklin Co.. WA AFN # 1809789 PRAG 12/23/2013 04:00 PM 5 Page(s) $76.00 Matt Beaton, Auditor Franklin Co.. WA DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS DEFERRAL AGREEMENT entered into this / 'A day of U11�2�' 2013, by and between the City of Pasco, ashington, a municipal corporation, hereinafter referred to as "City", and Washington State Department of Transportation , 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 properties located within the City of Pasco, Washington, legally described as follows: Real property located in the Northwest Quarter of the Northwest Quarter of Section 17, Township 9 North, Range 30 East, Willamette Meridian, City of Pasco, Franklin County, Washington being more particularly described as follows: Binning at the Northwest corner of said Section 17: thence North 89 030'43" East. 702.62 feet along the North line of said Section17 to a point on the West Line of Industrial Way as described in deed recorded under Auditor's File No. 1584709, records of Franklin County: thence South 00 000'35" East, 928.39 feet along said West line: thence South 89 030'43" W, 705.03 feet to a point on the West line of said Section 17: thence North 00 008'21" East. 928.41 feet along said West line to the Point of Beginning. Deferral Agreement - 1 WHEREAS, Owner has sought the approval of a development permit for such property which would include the construction of infrastructure improvements as required by PMC 12.36.050 described hereinafter; and WHEREAS, the Owner has requested a deferral of such improvements and the Director of Public Works for the City has determined that the installation of improvements required for the development could be safely, 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 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 constriction of these improvements. 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: Curb, gutter, sidewalk, driveway, street light poles, and stormwater system along the frontage of Industrial Way. The City grants the following permits: ROW permit and building permit for the construction of a WSDOT Street Sweeping Pad. 2. In consideration of the grant of the above permits and deferral of the above - described improvements, the Owner shall 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 the effective date of this Agreement and terminate ten (10) years thereafter, unless earlier terminated by the City upon notice to the Owner of the determination by the Public Works Director that current development of such improvements are required on nearby properties; Deferral Agreement - 2 condition present constitutes a significant risk to public safety which can be mitigated by such improvements; or the formation of a local improvement or similar district. 4. Upon expiration or termination of the deferral period, the City shall provide Owner notice of the required construction of the deferred improvements, including the time for completion of the improvements. The Owner shall initiate installation of the deferred improvements within sixty (60) days of the date of such notice. Installation shall be completed within a reasonable time as determined by the Director of Public Works (or designee) and thereafter be subject to inspection and acceptance by the City. 5. 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 City 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 for costs shall constitute a lien against the property as provided in RCW 35.80.030 (1) (h). In the event a local improvement district, or 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. 6. 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. This Agreement constitutes a waiver of protest as provided by RCW 35.43.182. Deferral Agreement - 3 7. 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, and the terms and conditions of this Agreement shall run with the land. 8. For the purpose of this Agreement, time is of the essence. 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, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. this � day of 6 {G- e✓kL�V(' , 2013. CITY Gary Crutchfield, i y Manager j` t ATTEST: [(,\ i rat ark, City Clerk APPR D AS TO FORM: Leland B. Kerr, City Attorney Deferral Agreement - 4 r: VR Don Whitehouse, R tonal Administrator L,x - -7/ STATE OF WASHINGTON) ss County of Franklin On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. \ \`%0%tt o % under my hand and official seal this I fday of)�K , 2013. Notary Public in an for t} S tg of Washington Residing at My Commission Expires i A* A((!»'bVASHINGTON ) ss County of Yakima ) On this day personally appeared before me DON WHITEHOUSE, South Central Region Administrator of the Washington State Department of Transportation, described in and who executed the within and foregoing instrument, and acknowledged that he /she signed the same as his /her free and voluntary act and deed for the uses and purposes therein mentioned. d and official seal this 0�ay of peecp N1�, 2013. MART SCHILPEROORT� NOTARY PUBLIC STATE OF WASHINGTON Notary Public in and for the Std le of WRb-h COMMISSION EXPIRES Residing at I,Jpl� OCTOBER 25 2("15 My Commission Expires I Deferral Agreement - 5