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HomeMy WebLinkAboutBulmaro & Rita Chavez Deferral Agreement #119462065FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington AFN # 1813918 PRAG 0412412014 03:09 PM WHEN RECORDED RETURN TO: s Page(s) at , Au Matt Beaton, Auditor City of Pasco Franklin Co., WA 525 North 3`d Pasco WA 99301 Tax Parcel No. 1-12.520 -14L 119462065 DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS THIS DEFERRAL AGREEMENT entered into this C2956 day of 2013, by and between the City of Pasco, Washington, a municipal corporation, hereinafter referred to as "City ", and Bulmaro & Rita Chavez, husband and wife, 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: The NE '/ of the NW '/ of the NW % of the SE '/ of Section 25, Township 9 North, Range 29 East, W.M. except any portion which may lie within West Irving Street and Road 27, also except the East 220 feet thereof, and except the North 219 feet thereof, filed for record in the office of the County Auditor in Franklin County, State of Washington. 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 Deferral Agreement - 1 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 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, water line, street lights, and 3/ street widening for the frontage on Road 27. The City grants the following permits: ROW permit and building yen-nit for the construction of a building expansion, for the parcel. 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 two (2) years thereafter, or until the improvements are made on the west side of Road 27, which ever shall first occur, 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, Deferral Agreement - 2 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. 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. Deferral Agreement - 3 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 :T,&'� 2013. CITY ASC OWNER Gary C t—ehTe-re kity anager i ATT ST: Y� Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Deferral Agreement - 4 STATE OF WASHINGTON ) SX9 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 d for the uses and purposes therein mentioned. my hand and gfficial seal this day of Notary Public in and for i Residing at My Commission Expires STATE OF iiA,_7,a,� ss County of f' K'V-1[ L1— ) Washington 2013. On this day personally appeared before me P--"� b Z -6, (��, J&€ , 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. GIVEN under my hand and official seal thisas day of 3, 2013. BRENDA L. TIMPANY NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 9. 2015 Deferral Agreement - 5 4 Notary Public in an53, for th St a of Residing at �G My Commission Expires