HomeMy WebLinkAboutPW05-159 - Original - Sound Venture Seven, LLC - Pay Fee in Lieu of Providing Public Improvements - 03/16/2005 Records MKEa� s- e— mNT WASHING TOH Document i �
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Nome:C , 1 t'l �VA 100, a)en, L endor Number:
p JD Edwards Number
Contract Number: I W Or t
This is assigned by Deputy City Clerk
Description: (111,00 W to F
Detail:
Project Name:5. b uAA WfAiu Sww L e
Contract Effective Date:c5 l 11?t Termination Date: ICJ
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: i Department: Ott) ol 0-,t)rt�
Abstr ct:
ty1
5 Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
AGREEMENT TO PAY FEE
IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS
'PHIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation ("City"), and &.:,7Nra yevJ ryQc SE&zVW, LZ cC , located and doing business
atup- loon- /JE, bLA ME*JJC ., $6LI.4-,%1LVr, LOA-4� ('Developer").
RECITALS
1. The Developer has a building permit application pending in the City under No.
cww- Za412%4 hw
wU r-2o+(2�,5 , (hereafter the "Project"), to develop the following real property: See attached
Exhibit "A", which is incorporated herein by this reference.
2. The Developer desires to pay to the City a monetary fee in lieu of constructing
certain public works improvements the City requires to be constructed by Developer as a condition
of M D N'S ck P1JV - 2-00� -32 CRC AQVA J,2Z3 ! Sic(a gatk P 11/061,93,
C.cW DiraD#J *- 2. cA.
3. The City agrees to accept the monetary fee in lieu of Developer constructing the
required public works improvements.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed
by and between the parties as follows:
A. Developer agrees to pay to the City the monetary fee of T"e`—
AND N0/100 DOLLARS ($ in lieu of constructing the following
public works improvements: (;poJ Oi fw)Q Z. A Ato sT2ec-T
G r vl�n N4 S��Tydlk,"
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS- 1
B. City agrees to accept from Developer 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 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. A ,
Signed, sealed, and delivered this day of ►V�hiZ�i�- , 200��
CITY OF KENT:
By:
Print Name: 1-ar R • €3 L,4ec-6/�2.y
Its: Pu b l t 7 tr
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS-2
Date:
DEVELOPER:
By-
Print Name.
Its: a Washin any-Manager
Date:3 lk&S' By Sound Ventures Inc.
(Notary Ackn Wrea ementaonNextPagol Washington corporation-Manager
Doug Klappenbach, President
STATE OF WASHINGTON )
:ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he is authorized to execute the instrument on behalf of the City of Kent as its
, and such execution to be the free and voluntary act of such
party for the uses and purposes mentioned in the foregoing instrument.
NOTARY PUBLIC in and for the State of Washington,
residing at
My commission expires
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`� ,�P.••p�NTME.yT•,�F �i
STATE OF WASHINGTON ) *;F NpIAA)?y N:
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COUNTY OF KING ) ,9's� PUBLIC
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I hereby certify that I know or haST ve that _"u S
the person who appeared before me, and said P9114 ill w]edged that he signed this instrument, on
oath stated that he is authorized to execute the instrument on behalf of Souao VtqaTvrzC 3_AE-K�u.i,
as its �,.i ptj kGSQ and such execution to be the free and voluntary act of
such party for the uses and purposes mentioned in the foregoing instrument
NOTAR PUBLIC in or the State of Washington,
residing at 155Ac�LW{ � V�ASI-J I whToN
AGREEMENT TO PAY FEE IN LIEU OF PROVIDING PUBLIC IMPROVEMENTS -3
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