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Home My WebLink About2023-32, Authorizing the Mayor to execute a deferral agreement for frontage improvements associated with SP 2022-02City of East Wenatchee Resolution 2023-32 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2023-32 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a deferral agreement for frontage improvements associated with SP 2022-02 between the City of East Wenatchee and the applicant. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884- 9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization. The City Council authorizes the Mayor to execute a deferral agreement that conforms to the language set forth in Exhibit A. 4.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5.Effective date. This Resolution becomes effective immediately. DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02 Return Document to: City of East Wenatchee Public Works 271 9th Street NE East Wenatchee, WA 98802 Document Title: Deferred Improvements Agreement Related Documents: N/A Grantor: Jaime Flores Grantee: City of East Wenatchee Legal Description: LOT 12 EX S 5 FT. FOR RD; BLK 7; GRANT ROAD ADDITION All lots and tracts in SP 2022-02 – Flores Short Plat Parcel Number(s): 60100701200 (parent parcel) DEFERRED IMPROVEMENTS AGREEMENT Covenants Consenting to Formation of District and Agreeing to Pay For Future Construction of N James Ave Improvements This Agreement is made this day by and between City of East Wenatchee (City), and the undersigned Owner, (hereinafter ‘parties’). WHEREAS, the Owner has submitted an application for a development permit; WHEREAS, the East Wenatchee Municipal Code (EWMC) section 12.50.150 requires that transportation system and frontage improvements be completed as a condition of final development permit approval; and WHEREAS, the City Engineer has, pursuant to EWMC section 12.50.150.C, found that alternatives to immediate construction of transportation system and frontage improvements are appropriate; NOW, THEREFORE, for and in consideration of the granting of a development permit and deferring such improvements, the parties agree as follows: 1. Project Information. File Number: SP 2022-02 Project Name: Flores Short Plat Owner Name: Jaime & Kristy Flores Address: 1740 10th Pl NE East Wenatchee, WA 98802 Developer Name: Same as Owner. Address: Legal Description: LOT 12 EX S 5 FT. FOR RD; BLK 7; GRANT ROAD ADDITION All lots and tracts in SP 2022-02 – Flores Short Plat 2. Improvements. The parties hereby agree that the improvements described at Exhibit B, attached hereto and incorporated by this reference, may be deferred according to the terms and condi tions of this Agreement. Exhibit A City of East Wenatchee Resolution 2023-32 DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02 3. Deferral of Improvements - Alternatives. The parties hereby agree that the required improvements shall be deferred by one of the following methods, whichever occurs first: A. Participation in District. If, prior to construction of the deferred improvements, a local improvement district (RCW Chapter 35.43), road improvement district (RCW Chapter 36.88), or transportation benefit district (RCW Chapter 36.73) is hereafter formed that includes the Owner's property described at Exhibit A and that includes the construction of the deferred improvements described at Exhibit B, then the Owner hereby consents to inclusion of the Owner's property described at Exhibit A within such district and imposition of assessments to pay for the construction of the deferred improvements. The Owner waives any and all objections to the formation of such district. The Owner reserves the right to contest the allocatio n method of any assessments imposed upon the property by such district. The Owner a grees to execute any additional instruments reasonably necessary to effectuate the intent of this paragraph. B. Participation in Project. If the City constructs the deferred improvements prior to formation of a district under subparagraph A, the Owner agrees to pay the total actual cost for constructing the deferred improvements. If the deferred improvements are constructed as part of a project that includes more than the deferred improvements, then the Owner shall pay a share of the total actual cost calculated by the City. The Owner reserves the right to contest the City’s calculation of the Owner's share of the actual total cost. The Owner's share of the actual total cost shall be paid in full within thirty (30) days after project substantial completion. The Owner hereby personally guarantees payment of the Owner's share of the actual total cost incurred t o construct the deferred improvements. The Owner does hereby grant a lien against the Owner's property described at Exhibit A to secure such payment and such lien may be recorded with the Douglas County Auditor as a Notice of Lien and foreclosed as a mortgage against the property. The Owner agrees to execute any additional instruments r easonably necessary to effectuate the intent of this paragraph. The City’s total cost estimate for constructing the deferred improvements described at Exhibit B is $99,906. The Owner agrees and acknowledges that the total cost estimate is non-binding and is an estimate only. The total cost of the deferred improvements at the time of actual construction may exceed the total cost estimate. Increased costs of labor, materials and equipment, design changes, design standards, and changes in applicable laws and regulations may increase the actual total cost of the constructed improvements. This Agreement does not constitute a guarantee or any other representation by the City as to the final, actual cost of the deferred improvements. The Owner hereby accepts the risk that the actual cost of constructing deferred improvements may exceed the total cost estimate. 4. Binding Upon Property, Successors and Assigns. This Agreement shall bind the real property described at Exhibit A and shall constitute a covenant that runs with the land. This Agreement shall be binding upon the Owner and all heirs, devisees, donees, purchasers, transferees, assigns and other successors in interest acquiring title to the property described at Exhibit A. 5. Term. This Agreement shall be effective upon recording with the Douglas County Auditor and shall remain in effect for a period of ten (10) years after the date of recording. This Agreement shall expire after such ten (10) year period and all obligations of the Owner and all obligations of heirs, devisees, donees, purchasers, transferees, assigns and other successors in interest acquiri ng title to the property described at Exhibit A shall terminate, except for payment of costs for any improvements made prior to expiration. 6. Time. Time is of the essence of this Agreement. 7. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the parties. No waiver shall be implied as to any term or condition of this Agreement. Exhibit A City of East Wenatchee Resolution 2023-32 DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02 8. Entire Agreement. This Agreement constitutes the entire agreement between the City and the Owner. There are no understandings or agreements other than those set forth in this Agreement. No other statement, representation or promise has been made to induce either party to enter into this Agreement. 9. Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by the parties. OWNER/DEVELOPER Date:_____________________ ________________________________ Jaime Flores, Owner/Developer City of East Wenatchee, WASHINGTON Date:_____________________ __________________________________ Jerrilea Crawford, Mayor APPROVED AS TO FORM: Attest: __________________________________ __________________________________ Sean Lewis, Assistant City Attorney Anna Laura Leon, City Clerk STATE OF WASHINGTON ) ) ss. County of _______________ ) I certify that I know or have satisfactory evidence that Jaime Flores signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED this _____ day of _______________, 20____. ______________________________________ Notary Public for the State of Washington Residing at _____________________________ My Commission Expires:__________________ Exhibit A City of East Wenatchee Resolution 2023-32 DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02 EXHIBIT A DEFERRED IMPROVEMENTS AGREEMENT REAL PROPERTY LEGAL DESCRIPTION LOT 12 EX S 5 FT. FOR RD; BLK 7; GRANT ROAD ADDITION All Lots and tracts within the Flores Short Plat as authorized under City of East Wenatchee Project File No. SP 2022-02. Exhibit A City of East Wenatchee Resolution 2023-32 DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02 EXHIBIT B DEFERRED IMPROVEMENTS AGREEMENT DESCRIPTION OF DEFERRED IMPROVEMENTS One hundred ninety-six (196) lineal feet of frontage improvements along N James Ave for the Flores Short Plat (SP 2022-02). This includes, but is not limited to design, permitting, and construction of curb, gutter, sidewalk, pavement, signage, striping, pedestrian facilities, storm drainage infrastructure, utility infrastructure, demolition, and construction traffic control. This also includes any utility upgrades required as a result of the frontage improvements. Flores Deferral Estimate Apr-23 Item Engineer Est. CURB, GUTTER, SIDEWALK $ 18,530 WATER $ 54,180 PAVING $ 19,200 Construction Sub-Total $ 91,910 Sales Tax $ 7,996 Construction Total $ 99,906 Note: The Owner agrees and acknowledges that the total cost estimate is non-binding and is an estimate only. The total cost of the deferred improvements at the time of actual construction may exceed the total cost estimate. The Owner hereby accepts the risk that the actual cost of constructing deferred improvements may exceed the total cost estimate. Exhibit A City of East Wenatchee Resolution 2023-32