HomeMy WebLinkAboutBuffalo Stone - Deferral Agmt - Tankmax 1206 East Lytle ID #112115096AFN # 1852142 AGREE
10/11/2016 09:12 AM
6 Page(s) $78.00
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`"
Pasco WA 99301
Tax Parcel No: 112 115 096
Address: 1206 East Lytle Street, Pasco, WA 99301
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
\ THIS DEFERRAL AGREEMENT entered into this it day of
i l 2016, by and between the City of Pasco, Washington, a
municipal corpo tion, hereinafter referred to as "City", and Buffalo Stone, 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:
PASCO LAND CO'S I ST LOTS 1 TO 12, BLK 124, TOG W/W2 VAC N&S ALLEY
ADJ & TOG W N2 VAC HOLDEN ST
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
1206 East Lytle Street Sidewalk Deferral Agreement Page 1 of 6
9 �9 g
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,
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:
I . The City is in the process of adding an industrial standard for areas of this
nature. Currently the standard is more typical of commercial retail development
standards and practices. This area has very limited pedestrian traffic.
2. Parking along East Holden St. will significantly be reduced as right now
employees for the area nose in park allowing two spots that will change to one
with curb, gutter and sidewalk.
3. Nose -in parking is currently being used without complaint or issue, allows
vehicles to get further off the road, and allows for large trucks and equipment to
maneuver with more ease throughout the area, which takes place daily.
4. Along East Lytle St. the existing Tankmax building elevations that have been in
place for years and the elevations of street development along Lytle St. loss of
precious parking, and curb elevations would cause drainage issues.
5. South Main St. currently sees a large amount of semi -truck and industrial loads
equipment and transport. The primary parking along this road is parallel
parking that takes place off the street allowing trucks to park and stage along the
street for off-loading or staging. This is a primary practice throughout this
industrial area. It allows traffic to by-pass off-loading workers with more
clearance.
Limits for the deferral will be frontage improvements for the property located at:
1206 East Lytle Street, Pasco, WA 99301
1206 East Lytle Street Sidewalk Deferral Agreement Page 2 of 6
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 B16-1160 issued
on June 9, 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.
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
1206 East Lytle Street Sidewalk Deferral Agreement Page 3 of 6
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.
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
1206 East Lytle Street Sidewalk Deferral Agreement Page 4 of 6
Franklin County, Washington, the laws of the State of Washington shall apply, and the
prevailing parry shall be entitled to its reasonable attorney fees and costs.
11-6
DATED this day of (9 2016.
CITY OF PASCO
Dave Zabe 1, ' anager
APPR D AS TO FORM:
Leland B. Kerr, City Attorney
STATE OF WASHINGTON )
ss.
County of Franklin
'',, )
On this -��% day of 2016, personally appeared before
me Dave Zabell, City Manager 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 n
GIVEN under my hand and official seal this �U day of (%�
2016. f (11-7 A
TONZUNKER v v� v �v
NOTARY PUBLIC NOTARY PUB IC in d r1h� State
E ofWp SHINGTON Residing at �—
STAC:04Eyp1RES My Commission Expires
MARCH 3, 2020
1206 East Lytle Street Sidewalk Deferral Agreement
Page 5 of 6 '
STATE OF WASHINGTON )
ss.
County of Franklin
n this _4day of 2016, personally appeared before
me KotllWQ4, The Owner, 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 A— day of Q(-
2016.
E„M
`S�o• AFi'
CD
NOTARY PUBI
Residing at _l
My Commission
1206 East Lytle Street Sidewalk Deferral Agreement Page 6 of 6