HomeMy WebLinkAboutPW04-359 - Original - Bennett Sherman, LLC - Fee in Lieu of Proving Public Improvements - 10/04/2004 � A
,
WHEN RECORDED RETURN TO:
Property Management
City of Kent 20041005002552
220 Fourth Avenue South ppCIFIC NW TIT AG za.ee
Kent, Washington 98032 10 e°s LIF iss°Szz
\ KING COUNTY, WA
4 Grantor: Bennett Sherman.L.L.C. �I �3 PP w�
Grantee: City of Kent, a Washington municipal corporation W 22 l ' L
Abbreviated Legal Description: Lot 1, KCSP#377084, Recording No. 7710280712; and Ptn.
Lot B.Kent LLA#LL-96-3,Recording#9603151046.
Additional Legal Description on page 5 of Document.
Assessor's Tax Parcel ID No.s: 342205 9187 and 342205 9192
AGREEMENT TO PAY FEE
IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation("City"),and Bennett Sherman.L.L.C.,located,vid doing business at 2100 124 h Ave.
r r�for
NE, Suite 100, Bellevue; WA 98005 ("Developer").
as to c,�r execL,wn e�t�
aeCP U;OOri bde, or
RECITALS
1. The Developer has a building permit application pending in the City under No. KIVA#
20423b1, Easle Creek Development(hereafter the "Project"),to develop the following real
property: See attached Exhibit"A",which is incorporated herein by this reference.
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS- 1
Eagle Creek,KIVA#2042361 (10-4-04)
e
2. The Developer desires to pay to the City a monetary fee in-lieu-of constructing certain
public works improvements the City requires to be constructed by Developer as a condition of
Development Permit.
3. The City agrees to accept the monetary fee in-lieu-of Developer constructing the
required public works improvements.
&GREEMENT
NOW, THEREFORE,in consideration of the mutual promises set forth herein,it is agreed
by and between the parties as follows:
A. Developer agrees to pay to the City the monetary fee of THIRTY FIVE THOUSAND AND
NO/100 DOLLARS($35.000.00)in-lieu-of constructing the following public works improvements:
STREET TREES.
B. City agrees to accept from Developer,and acknowledges receipt of,the monetary fee in the
preceding paragraph in-lieu-of Developer constructing the public works improvements described in
the preceding paragraph,and the City accepts responsibility for construction of these public works
improvements.
C. The parties agree that the monetary amount established for the fee in-lieu-of the public works
improvements, described in paragraph A., is a fixed sum. The amount of the fee is based on an
estimate of the actual costs of construction. The fee will not fluctuate, up or down, based on the
actual cost to construct the public works improvements described in paragraph A. The established
fee is proportional to the negative impact that the Project is having on public improvements.
Developer waives all rights to any reimbursement of fees paid pursuant to this Agreement,including
reimbursement sought due to the difference between the established fee and the actual cost of the
public works improvements. The City waives all rights to require additional fees for the public
works improvements described in paragraph A,including additional fees sought due to the difference
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS-2
Eagle Creek,KIVA#2042361 (10-4-04)
6
between the established fee and the actual costs of the public works improvements. Any remainder
or interest earned on the monetary fee shall be the property of the City and shall be under the full
control of the City to do with as it sees fit within its municipal powers.
D. This Agreement, together with any Exhibits attached hereto, contains the entire agreement
between the parties regarding payment of fees in-lieu-of constructing public works improvements.
E. No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Developer.
F. This Agreement shall bind the heirs, successors and assigns of the parties.
THE UNDERSIGNED HAS READ THE FOREGOING AGREEMENT AND FULLY
UNDERSTANDS IT.
Signed, sealed,and delivered thi4—n day ofC2:bIC�,g , 2004.
CITY OF KENT:
By: IbA
Print N e:
Its: t C
Date:
DEVELOPER:
Print Name: Ta a W. `J y*ey ,r n
Its: Pca' *- M r"
Date: lj e_-t obey �+ Zooti
(Notary AcktoWedgements on Next Page)
APPROVED AS TO FORM:
Kent Law Department
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS-3
Eagle Creek,KIVA#2042361 (10-4-04)
v
STATE OF WASHINGTON )
)ss.
COUNTY OF KING
On )
On this-t PN day of 2004, before me a Notary Public in and for the
Sote of Washington,personally appeared 2�_ �-�C&MA:?�(1r�to me known to be the
of City of Kent,a Washington municipal corporation,the corporation that
executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said
corporation,for the uses and purposes mentioned in this instrument,and on oath stated that they were
authorized to execute said instrument.
-Notary Seal Must Appear Wuhm Thu Box-
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day
and rNOTARY
st above written,
-MN PETERSO
PUBLI !IMS,OTARY P LIC,in and for the State of Washington
E OF WASHINGTO
MISSION EXPIRE ding
PRIL 9, 2006 y appointment expires lG1 t7ly
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this— day of ,2004,before me a Notary Public in and for the
late of Washington,personally a peared to me known to be the
Of LLC' .
a the Developer that executed the foregoing instrument, and
acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this
instrument,and on oath stated that they were authorized to execute said instrument.
.Notary Seal Must Appear WiMm Thu Box-
-
IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and
Y TEOFWASHINIMN
RSO
No
PUBLI
ES OTARY P C,in and for the State of Washin on
MISSION EXPIRES
APRIt 9 2006 siding
y appointment e spires �
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS-4
Eagle Creek,KIVA#2042361 (104-04)
1 `
EXHIBIT"A"
PARCEL A:
LOT 1,KING COUNTY SHORT PLAT NUMBER 377084,RECORDED UNDER RECORDING
NUMBER 7710280712,SAID SHORT PLAT BEING A SUBDIVISION OF THE NORTH 5/8 OF
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34,
TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON.
PARCEL B:
LOT B, CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL-96-3,RECORDED UNDER
RECORDING NUMBER 9603151046;; SAID LOT LINE ADJUSTMENT BEING A
RECONFIGURATION OF LOTS 2 AND 3,KING COUNTY SHORT PLAT NUMBER 377084,
RECORDED UNDER RECORDING NUMBER 7710280712, SAID SHORT PLAT BEING A
SUBDIVISION OF THE NORTH 518 OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 34, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIAN, IN KING COUNTY, WASHINGTON.
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS-5
Eagle Creek,KIVA#2042361 (104-04)