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HomeMy WebLinkAboutPasco Coke - Deferral Agreement for Infrastructure Improvements02123 201 709 46 AM AGREE 5 page(s) $77-00 Matt Beat Franklin Co- WA FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3rd Pasco WA 99301 Tax Parcel No: 119370164 Address: 1225 Road 34, Pasco, Washington 99301 Owner: Pasco Coke, LLC DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS THIS DEFERRAL AGREEMENT entered into this r11-- day of 2017, by and between the City of pPasco, Washington, a municipal corpora on, hereinafter referred to as "City", and Pa!� 17 CbL 114'11 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: Tract 10, Auto Park Add 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 sidewalk Parcel 119370164 at 1225 Road 34, Pasco WA Sidewalk, Right -of -Way Improvements Deferral Agreement Page 1 of 5 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: 1225 Road 34, Pasco. WA (for the frontage on Octave Street only) The City grants the following permits: Building Permit B16-2147 / ROW Permit ROW 16-0692 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 B16-2147 issued on October 25, 2016. The deferral period shall be as follows: a) 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, sidewalks on Octave Street, shall be done within the standard time frame for right-of- way permits. Final acceptance of the right-of-way work by the City is subject to approved engineering plans and completion of final construction inspections. Parcel 119370164 at 1225 Road 34, Pasco WA Sidewalk, Right -of -Way Improvements Deferral Agreement Page 2 of 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. 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. Parcel 119370164 at 1225 Road 34, Pasco WA Sidewalk, Right -of -Way Improvements Deferral Agreement Page 3 of 5 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 dam- day of ] dim% 12017. CITY OF PASCO Dive Zabel Pasco Coke, LLC City of Pasco City Manager ATTTEEST- r �i r n 'rtl flrrAA_, City Clerk APPROVED AS TO FORM:: and B. Kerr City of Pasco City Attorney Parcel 119370164 at 1225 Road 34, Pasco WA Sidewalk, Right -of -Way Improvements Deferral Agreement Page 4 of 5 STATE OF WASHINGTON) ss. County of Franklin ) On this gdayofa"A4 2017, personally appeared before me Dave Zabell, City Manager for the City of P sco, Washington, described in and who executed the within and foregoing instrument, and acknowledged he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of, 2017. TONI L. ZUNKER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 3, 2020 C�dty'� V�� NOTARY PU LIC inmate of Washington Residing at My Commission Expires STATE OF WASHINGTON) FX7 County of Franklin On this 2L day of �/�71%v /L�, 2017, personally appeared before me R- �c the ro ert Owner, described in and who executed the within and foregoing instrument, and acknowledged he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of 2017. v t,500A Residing at My Commi Parcel 119370164 at 1225 Road 34, Pasco WA Sidewalk, Right -of -Way Improvements Deferral Agreement in of Washington Page 5 of 5