HomeMy WebLinkAboutKings Corner Properties, LLC - Deferral Agreement for Infrastructure Imp Parcel #113281441AFN # 1878517 AGREE
05/15/2018 02:21 PM
5 Page(s) $79.00
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 3rd
Pasco WA 99301
Tax Parcel No.: 113281441
Address: 3421 King Ave, Pasco, Washington 99301
Owner: Kings Corner Properties, LLC
DEFERRAL AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS
THIS DEFERRAL AGREEMENT entered into this I � day of
JA & r Lln , 2018, by and between the City of Pasco, Washington, a
municipal corporation, hereinafter referred to as "City", and Kings Corner Properties,
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:
COLUMBIA EAST III LOT 3,4,5 BLK 3
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 as required by Pasco Municipal Code (PMC) 12.36.050
also described hereinafter; and
WHEREAS, the Owner has requested a deferral of these right-of-way
improvements and the Director of Public Works for the City has determined that the
installation of said improvements required for the development could be safely,
Parcel 113281441 3421 King Avenue , Pasco WA
Right -of -Way Improvements Deferral Agreement Page 1 of 6
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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:
The installation of sidewalks and streetlights along the entire frontage of the parcel
subject to development.
Limits for the deferral will be the installation of the described improvements for the
properties located at
3421 King Ave, Pasco, Washington 99301
The City grants the following permits:
ROW Permit ROW17-0622
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 Right of Way Permit ROW 17-0622
issued on September 21, 2017. The deferral period shall be as follows:
a) Within ten (10) years following building inspection final acceptance,
Owner shall construct those roadway/frontage improvements as required
along the length of the right-of-way in accordance with City standards,
unless adjacent properties have not been developed, then development of
such roadway/frontage improvements is at the discretion of the City
Engineer or Public Works Director.
4. Completion of the deferred right-of-way roadway/frontage
improvements on King Ave and the abutting right of way shall be done within the
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Right -of -Way Improvements Deferral Agreement Page 2 of 6
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.
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. 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.
Upon determination by the City Engineer that the above property no longer
meets the waiver requirements, and as such determines that the improvements must be
constructed, the City shall provide the owner(s) written notice requiring the construction
of said improvements. Upon such notice, and after final decision of the Public Works
Director, the owner(s) shall have ninety (90) days to construct those improvements in
accordance with City standards and specifications. The construction period may be
extended by the Public Works Director or the Director's designee for an additional
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Right -of -Way Improvements Deferral Agreement Page 3 of 6
period of ninety (90) days upon good cause such as inclement weather or the
unavailability of materials or services.
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, 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.
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.
Parcel 113281441 3421 King Avenue , Pasco WA
Right -of -Way Improvements Deferral Agreement Page 4 of 6
DATED this � day of '2018.
CITY OF PASC
Dave Zabell
City of Pasco City Manager
STATE OF WASHINGTON)
ss.
County of Franklin / )
On this Lt— day of'�1l�SJVL.C�G� , 2018, 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 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 tO day of 1'� , 2018.
NOTARYPUJI i and for the Stat of Washington
Residing at
My Commission Expires
TONI L. ZUNKER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MARCH 3,2020__
Parcel 113281441 3421 King Avenue , Pasco WA
Right -of -Way Improvements Deferral Agreement Page 5 of 6
OWNER
Yu'ngs Corn r Properties, LLC
STATE OF WASHINGTON
. ss.
County of Franklin
On this 1!5 day of wt Pr�C �} , 2018, personally appeared before me
Una the Property Owner, described in and who
executed the wi trn 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 15- day of ra,-¢r:tt , 2018.
sF�a� r—�s�ax state of Wasbingla
NOTARY PVBLIC in An&Ukhe St to of Washington RAQUEL ESPARZA
MY COMMISSION EXPIRES
Residing at L ANI 6, 2020
My Commission Expires �onX (0 2020
7T.
J)AN«rA E-kl .mon/
City of Pasco City Clerk
' 7. -70� 19 1 AS TO I qT
Leland B. Kerr
City of Pasco City Attorney
Parcel 113281441 3421 King Avenue , Pasco WA
Right -of -Way Improvements Deferral Agreement Page 6 of 6