HomeMy WebLinkAboutTSK 2013 LLC Deferral AgreementFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO: AFN a 1811804 PRAG
02/2612014 03:44 PM
City of Pasco 6 Page(s) 977.00
525 North 3`d Matt Beaton, Auditor
Pasco WA 99301 Franklin CO., WA
Tax Parcel No.: 11372011 M
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
THIS DEFERRAL AGREEMENT entered into this & day of
V.0.f 2014, by and between the City of Pasco, Washington, a
municipal corpollAtion, hereinafter referred to as "City ", and TSK 2013, LLC, a
Limited Liability Company, 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:
Binding Site Plan 2013 -04, Lot 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
Deferral Agreement - 1
a ���5
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 construction 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, catch basins, storm infiltration, road widening
and enhanced illumination on Commercial Avenue and Pasco - Kahlotus Road.
The City grants the following permits:
Building Permit and Right -Of -Way Permit
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;
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).
Deferral Agreement - 2
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.
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, 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 costs to the City at the time
of submittal of the deferral request.
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.
Deferral Agreement - 3
DATED this —t
day of 2014.
CITY F ASCO OWNE
Gary ru d, ager TSK Pr /erties, L C
A
Debra L. Clark, City Cler -
APPR S TO FORM:
Leland B. Kerr, City Attorney
Deferral Agreement - 4
STATE OF WASHINGTON)
ss.
County of Fr anklin
J )
On oi �Aay of *tbe r 2014, personally appeared before
me �►'Gla�% r the City of Pasco, Washington,
des bed in and who executed ithin an foregoing instrument, and acknowledged
he /she signed the same as his/her free and voluntary act and deed for the uses and
purposes therein mentioned
GIVEN under my hand and official seal this J�� day of�,
2014.
N K
Si
NOTARY PUBLI in
Residing at
My Commission Expij
STATE OF WASHINGTON )
SS.
County of Franklin
of Washington
On this k `day of 2VC - *f- 2014, personally appeared before
me "%L'�dg �: 1:skkt) for TSK Properties, VLC described in and who executed
the within and foregoing instrument, and acknowledged he /she signed the same as
his /her free and voluntary act and deed for the uses and purposes therein mentioned
GIVEN under my hand and official seal this iu day of
2014.
kz 001,
SION
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0TAi? NOTARY PUBLIC in a d for th o ate of Washington
_* PUBLIC ; *� Residing at PrrCP . V— 5C--0 g
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Deferral Agreement - 5
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