HomeMy WebLinkAboutPascual A Iribarren - Deferral AgreementFILED FOR RECORD AT REQUEST OF:
City of Pasco,Washington
WHEN RECORDED RETURN TO:
AFN#1802870
11:0711012013 11:156 AMAM
City of Pasco 5 Page(s)$76.00
525 North 3rd Matt Seaton,Auditor
Franklin Co..WA
Pasco WA 99301
Tax Parcel No. 113-812-134
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
THIS DEFERRAL AGREEMENT entered into this arzi day of
2013, by and between the City of Pasco, Washington, a
municipal orporation, hereinafter referred to as "City", and Pascual A. Iribarren,
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:
Lot 5 & Lot 6, Block 7 and the North half of Lot 4, A.M. Wehe's First Addition,
according to the Plat thereof recorded in Volume `B" of Plats, Page 55, in
Franklin County, 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
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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:
Pedestrian bypass or replace with ADA compliant driveway at the
existing driveway on Owen Avenue.
The City grants the following permits:
ROW permit and building permit for to remodel the existing structure
located at 1801 E Lewis Street.
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 at further development
of the lot, 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
Deferral Agreement-2
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.
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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.
ej
1 • =D this day of 2013.
CITY O SCO OWNER
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Gary C 4 tchfie-7' ity 1r ager Pascual A Iribarren
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II ebra L. Clark, City Clerk
APP AS TO FORM:
Leland B. Kerr, City Attorney
Deferral Agreement-4
STATE OF WASHINGTON )
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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.
Powder my hand and official seal this day of t ` _ 2013.
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V\ G 2 = Notary Public in and for the e of Washington
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On this day personally appeared before me f!,S„, i4-_rr a,r,
of 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 this i day of -J 2013.
1-vC.c Notary Public in and for the Stat:& 036 .9lOZ 6 MAN
S38Idx3 NOISSiwwo3 Residing at u3-
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Deferral Agreement-5