HomeMy WebLinkAbout2004-10-12 - KrisTsea Investments, LLC - General Agreements / General Service Agreementsa
I IIIIN IIIII IIIIIII II VIMII IIMI IIIIII III IIIII IVI IlnFiled for and return to: OGDEN, MURPHY & WALL ES 24.00
OGDEN MURPHY WALLACE, P.L.L.C.
1 Fifth Street, Suite 200
PO Box 1606
Wenatchee WA 98807-1606
3078610
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Douglas County
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not
to be relied upon for any other purpose, and shall not affect the intent of or any warranty contained in the document itself.
Grantor(s): Kris i sea investments, LLC
Grantee(s): City of East Wenatchee, WA
Reference Number(s) of Documents Assigned or Released: N/A
Abbreviated Legal Description: Ptn Lot 1, East Wenatchee Land Company's Plat, S 14, T22N, R20 EWM, Douglas
County, WA
Complete or Additional Legal Description on Exhibit "A" to Document.
Assessor's Parcel Number(s): 04400000102
AGREEMENT TO PERMIT CONSTRUCTION OF WINDOWS
This Agreement is entered into effective the 12th day of October, 2004, by and between
KrisTsea Investments, LLC (hereinafter "Owner") and the City of East Wenatchee, Washington
(hereinafter "City"), hereinafter collectively referred to as the Parties, for and in consideration of
the terms and provisions set forth in this Agreement.
I. RECITALS
i. i lid. IIy Oi East �VV Ciai1:hce, Yv asl ."111- m 1� a munjel :i1 lOrpOraLlUii which naS
duly adopted the International Building Code and the International Fire Code as building codes
of the City pursuant to City Ordinances.
1.2 KrisTsea Investments, LLC is a Washington limited liability company and the
Owner of that certain real property located at 478 Grant Road, in East Wenatchee, Washington,
and legally described in Exhibit "A" attached hereto (hereinafter the "Property")
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OGDEN, MURPHY & WALL ES 24.00 Douglas County
1.3 The building currently existing on the Property is situated on or about upon the
most westerly boundary of the Property.
1.4 The International Building Code in Section 704.8.2 and Table 704.8 prohibit any
openings in the westerly wall of the building located on the Property. The purpose of the
prohibition is to permit full development of the parcel of property located to the west of the
Property. The property located to the west of the Property is currently used as a sidewalk and
parking lot for an existing movie theater.
1.5 The current use of the abutting property to the west of the Property is such that no
current life safety issues would exist if the Owner were to construct windows in the most
westerly wall of the building located on the Property. However, outright permission by the City
to construct the windows would restrict future development of the parcel of property to the west
of the building.
1.6 The Owner has applied to the City to construct windows in the most westerly wall
of the building located on the Property and requests that the City enter into this Agreement which
requires the Owner and its successors and assigns to remove the windows in the event the parcel
of property to the west seeks development in the future.
1.7 City staff have evaluated the request of the Owner and determined that entering in
'his Agreement acco nmiodates the eve-loplizent desires of thie Owner, does not present any
immediate life safety issues for the City, and protects the potential future development of the
property located to the west of the building.
NOW, THEREFORE, the Parties agree as follows:
II. AGREEMENT
2.1 The Recitals set forth above herein are made a part of this Agreement as if set
forth in full.
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24.00 Douglas County
2.2 The City hereby consents to construction of windows in the most westerly wall of
the building located on the Property based upon the terms and conditions set forth in this
Agreement.
2.3 Following construction of the windows in the west wall of the building, in the
event the City receives written notice of an intent to construct any structure from the owner of
the parcel located immediately to the west of the Property, the City will evaluate whether the
windows on the Property must be removed and make a determination in its sole discretion. In
the event the City determines the windows must be removed, the Owner shall be provided forty-
five (45) days written notice by the City to remove the windows and reconstruct the west wall of
the building to the same condition it was in prior to the installation of the windows.
2.4 In the event the Owner fails to remove the windows within forty-five (45) days of
the written notice from the City, the City is authorized to enter upon the Property and remove the
windows and return the exterior west wall of the building to the condition it was in prior to the
installation of the windows. The City may take such action after providing three (3) days written
notice to the Owner of the intent of the City to enter upon the Property for the purpose of
removing the windows. No court order shall be required for the City to enter upon the Property.
All costs incurred by the City to remove the windows and return the exterior of the building to
the condition it was in prior to the installation_ of the windowL, shall be and become a lien against
the Property enforceable by the City in the manner for enforcement of a mechanic's or
materialman's lien. Alternatively, the City may bring a legal action against the Owner for a
monetary judgment to recover all of its costs incurred. Costs incurred by the City that shall be
paid by Owner or its successors or assigns shall include, but are not limited to, all professional
fees including engineering fees, reasonable attorney's fees, and costs incurred to collect the cost
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OGDEN, MURPHY & WALL ES 24.00 Douglas County
of the work performed by the City, or to enforce the lien and/or obtain and enforce a judgment
against the Owner.
2.5 Owner understands and acknowledges that without this Agreement, the Owner
would not be permitted to construct the windows in the westerly wall of the building located on
the Property.
2.6 This Agreement shall be filed of record, shall run with the land and be binding
upon all successors and assigns of the Owner.
2.7 This Agreement contains the entire agreement between the Parties with respect to
the subject matter hereof and supersedes all prior agreements or understandings between the
Parties with respect thereto. This Agreement may be amended only by an agreement in writing
signed by the Parties.
APPROVED this 4 day of
STATE OF WASHINGTON )
)ss.
County of )
e477//fe-X-- , 2004.
KrisTsea Investments, LLC
By:y
Thomas W. Clark
I certify that I know or have satisfactory evidence that Thomas W. Clark is the person who
appeared befor:; me, •and said Person acknowledged that lie signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the Owner of KrisTsea Investments,
LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: 4 , 2004
i G qj 5 O N EA I,Q0 1
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NOTARY PUBLIC, tate of Washington
My appointment expires /� 7—
Page 4 of 5
APPROVED this day of , 2004.
STATE OF WASHINGTON )
)ss.
County of 6 0 t"� � a s )
I certify that I know or have satisfactory evidence that Steven C. Lacy is the person who
appeared be{ re me, and said pe son ackr«.wledged that lhe- signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the Mayor of the City of East
Wenatchee to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: Q c-tDbtY- I Z 200
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V ;o
PUB1JC
Lk Z t41 vr 6 K (Printed name)
TARY PUBLIC, State of Washington
My appointment expires I— � I - 6 5
iiniip�inWAiiES iuNn�mn�ngiiii
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Douglas County
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OGDEN, MURPHY & WALL ES 24.00 Douglas County
EXHIBIT "A"
The North 110 feet of the East 135 feet of Lot 1, East Wenatchee Land
Company's Plat of Section 14, Township 22 North, Range 20, EWM, according
to the plat thereof, recorded in Volume A of Plats, Page 192, Douglas County,
Washington;
EXCEPT the North 10 feet thereof,
AND EXCEPT the East 10 feet thereof,
AND EXCEPT that portion conveyed to Douglas County by deed recorded under
Auditor's No. 3012824.
DEN
ff
RVHY
LACE
R L. L. C.
ATTORNEYS AT L A W
Barbara H. Bergstrom
Legal Assistant to CHARLES D. ZIMMERMAN
bthrush@omwlaw.com
October 26, 2004
VIA U.S. MAIL
Dana Barnard, City Clerk
City of East Wenatchee
271 Ninth Street NE
East Wenatchee, WA 98802
Re: KrisTsea Investments, Inc.
Dear Dana:
As per Chuck's instructions, enclosed is the original Agreement to Permit Construction of
Windows which was recorded with the Douglas County Auditor on October 14, 2004.
By copy of this letter, a copy of the Agreement has been sent to Lori Barnett and Mr. Tom Clark.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
Barbara H. Bergstrom
Legal Assistant to
CHARLES D. ZIMMERMAN
:bhb
Enclosure
c= Lori Barnett (w/enc.)
Tom Clark (w/enc.)
Established 1902
A Member of the International Lawyers Network with independent member law firms worldwide
Riverfront Center - 1 Fifth Street, Suite 200 - P.O. Box 1606 - Wenatchee, WA 98807 - 509.662.1954 - Fax 509.663.1553 - Web: www.omwlaw.com
October 26, 2004
VIA U.S. MAIL
Dana Barnard, City Clerk
City of East Wenatchee
271 Ninth Street NE
East Wenatchee, WA 98802
Re: KrisTsea Investments, Inc.
Dear Dana:
&ViDEIN
CE
P. L. L. C.
ATTORNEYS AT LAW
Barbara H. Bergstrom
Legal Assistant to CHARLES D. ZIMMERMAN
bthrush@omwlaw.com
RECEIVED
OCT 2 7 2004
CITY OF EAST WENATCHEE
CODE COMPLIANCE
As per Chuck's instructions, enclosed is the original Agreement to Permit Construction of
Windows which was recorded with the Douglas County Auditor on October 14, 2004.
By copy of this letter, a copy of the Agreement has been sent to Lori Barnett and Mr. Tom Clark.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
J�
Barbara H. Bergstrom
Legal Assistant to
CHARLES D. ZIMMERMAN
:bhb
Enclosure
c= Lori Barnett (w/enc.)✓
Tom Clark (w/enc.)
Established 1902
A Member of the International Lawyers Network with independent member law firms worldwide
Riverfront Center • 1 Fifth Street, Suite 200 • PO. Box 1606 • Wenatchee, WA 98807 • 509.662.1954 • Fax 509.663.1553 • Web: www omwiaw.com
DEN
Rin
SUCE
P. L. L. C.
ATTORNEYS AT L A W
September 23, 2004
VIA U.S. MAIL
Mayor Steve Lacy
City of East Wenatchee
271 Ninth Street NE
East Wenatchee, WA 98802
-� P b6a3
COPY
Charles D. Zimmerman
czimmennan@omwlaw.com
Tom Clark and
KrisTsea Investments LLC
PO Box 7066
East Wenatchee WA 98802
Re::;; - Modification of Building located, at 478, Grant Road, East Wenatchee, WA.
This letter will confirm the understanding of our` office, -the City of -Past Wenatchee and -Torn'
Clark and KrisTsea Investments, LLC concerning the modification of the building located at 478
Grant Road, East Wenatchee, WA. KrisTsea Investments LLC is the owner of the above -
referenced real. property and desires to alter the west side of the building to add a window.
Putting in this window could result in a violation of existing City codes if the neighboring
property currently occupied by Columbia Cinema were to be redeveloped with a zero lot line
configuration adjacent to the existing KrisTsea Investments LLC building:
Our office has represented Tom Clark and/or KrisTsea Investments LLC in the past and may
represent them in the future, but for purposes of this matter Tom Clark and KrisTsea Investments
LLC understand and acknowledge that our office represents only the City of East Wenatchee.
Further, Tom Clark and KrisTsea Investments LLC waive any conflict of interest they may claim
exists by the representation of our office of the City in this matter and likewise the City waives
any conflict that may exist by our office having represented Tom Clark and/or KrisTsea
Investments LLC on other legal matters.
The City of *ast Wenatchee will incur' legal expense associated with drafting, a document to
accommodate the development request of Tom Clark and KrisTsea Investments LLC and
KrisTsea Investments LLC has agreed to pay our office $423.00 to reimburse the City for those
.•legal ex-penses.: In addition, KrisTsea Investments LLC and Tom Clark agree, to pay the costs of
filing the document prepared with the Douglas County Auditor.
Established 1902
A Member of the International Lawyers Network with independent member law firms worldwide
Riverfront Center • 1 Fifth Street, Suite 200 • P.O. Box 1606 • Wenatchee, WA 98807 • 509.662.1954 • Fax 509.663.1553 • Web: www.omwlaw.com
Mayor Steve Lacy
Tom Clark and
September 23, 2004
Page 2
COPY
Each of your signatures below will confirm your agreement with the representations and waiver
of conflict set forth above herein.
Please sign the letter in the space provided for your signature and return it to our office in the
enclosed pre -addressed, stamped envelope.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
r
Ch rles . Zimmerman
CDZ:bhb
Steven C. Lacy, Mayor, on behalf of the
City of East Wenatchee
Tom Clark, Individually and on behalf of
KrisTsea Investments LLC
Je P� M oar_,. 5 01