HomeMy WebLinkAboutBoomer Group - Deferral Agmt - 1105 East Columbia St ID #112084012AFN k 1850930 AGREE
09/15/2016 09:40 AM
5 Page(s) $77.00
Matt Beaton, Auditor
Franklin Co.. WA
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3'a
Pasco WA 99301
Tax Parcel No: 112084012
Address: 1105 E Columbia Street, Pasco, Washington 99301
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
THIS DEFERRAL AGREEMENT entered into this _L day of
S , 2016, by and between the City of Pasco, Washington, a
municipal corporation, hereinafter referred to as "City", and Boomer Group. LLC
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:
LOTS 1 TO 6, BLOCK 102, N P PLAT, TOG W/W 10' N&S ALLEY ADJ & TOG W/
PNT OF VAC. FRONT AVE ADJ
WHEREAS, Owner has sought the approval of a development permit for such
property which would include the new construction of right-of-way infrastructure
improvements, including curbs, gutters, and sidewalks as required by Pasco Municipal
Code (PMC) 12.04 and 12.36.050 also 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 curb,
1105 E Columbia Street Infrastructure Improvements Deferral Agreement 20160727 Page 1 of 5
C) 8o
gutter, and sidewalk 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, while still
subject to the deferral period set forth below.
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:
Limits for the deferral will be frontage improvements for the property located at 1105 E
Columbia Street, Pasco, Washington 99301.
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 final
acceptance of the work occurring per City of Pasco Building Permit B16-1371 issued
on July 11, 2016. The deferral period shall be as follows:
a) Within two (2) years following building inspection final acceptance,
Owner shall construct those portions of curbs and gutters as required
along the length of the right-of-way in accordance with City standards.
b) Within ten (10) years following building inspection final acceptance,
Owner shall construct those portions of sidewalks as required along the
length of the right-of-way in accordance with City standards, unless
connecting sidewalks on adjacent properties have not been developed,
then development of such sidewalks is at the discretion of the City
Engineer or Public Works Director.
1105 E Columbia Street Infrastructure Improvements Deferzal Agreement 20160727 Page 2 of 5
4. Completion of the deferred right-of-way infrastructure improvements,
including curbs, gutters, and sidewalks described above, shall be done within the
standard time frame for right-of-way permits. The right-of-way permit shall be applied
for when the building permit is complete. Final acceptance of the right-of-way work by
the City is subject to approved engineering plans and completion of final construction
inspections.
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.
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.
However, Owner will not be required to participate in said improvement district if it is
prior to completion of the building permit 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.
1105 E Columbia Street Infrastructure Improvements Deferral Agreement 20160727 Page 3 of 5
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 estimated recording costs
to the City at the time of submittal of the deferral request.
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.
DATED this day of /+V&jj,5 , 2016.
CITY OF PASCO E
dl Pz J
LIAAt-rabell, City Manager Cnotia7LLC
'T T:
I
ebra L. ark, C iiry Clerk
APPR AS TO FORM:
Leland B. Kerr, City Attorney
1105 E Columbia Street Infisstmam Improvements Defe ] Agreement 20160727 Page 4 of 5
STATE OF WASHINGTON)
6YA
County of Franklin
On this day of 2016, personally appeared before
me�J�ohQ_ll i for the City of Pasco, Washington,
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 day of"'uk
41IGi
TONI L. ZUNKER
NOTARY PUBLIC
STATE OF WASHINGTON
MARCH 3,
NOTARY PUBLIC in
Residing at
My Commission Expin
STATE OF WASHINGTON)
ss.
County of Franklin
of Washington
On this I day of Aubw ( , 2016, personally appeared before
me kWe-scribed 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 day of
2016.
for the State of Washington
My Commission
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