HomeMy WebLinkAboutResolution 2025-08, Deferral for SP 2019-01City of East Wenatchee Resolution 2025-08 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
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Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2025 -08
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a deferral agreement for frontage improvements
associated with SP 2019-01 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 la administradora municipal 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.
City of East Wenatchee Resolution 2025-08 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this 21st day of January, 2025.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
City Attorney
Filed with the City Clerk:
Passed by the City Council:
Effective Date:
01-14-202501-21-202501-25-2025
Jerrilea Crawford (Jan 29, 2025 15:37 PST)
Jerrilea Crawford
DEFERRED IMPROVEMENTS AGREEMENT (12/2024) – CITY OF EAST WENATCHEE SP 2019-01
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: Eliseo Aguilar Muniz
Grantee: City of East Wenatchee
Legal Description: N ½ Lot 9; Blk. 10; GRANT ROAD ADDITION
All lots and tracts in SP 2019-01 – Muniz Short Plat
Parcel Number(s): 60101000901 (parent parcel)
DEFERRED IMPROVEMENTS AGREEMENT
Covenants Consenting to Formation of District and Agreeing to Pay For Future Construction of N
June Ave Improvements
This Agreement is made this day by and between City of East Wenatchee, and the undersigned
Owner.
WHEREAS, the Owner has submitted an application for a development permit ;
WHEREAS, EWMC 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 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 2019-01
Project Name: Muniz Short Plat
Owner Name: Eliseo Aguilar Muniz
Address: 93 N June Ave
East Wenatchee, WA 98802
Developer Name: Same as Owner.
Address:
Legal Description: N ½ Lot 9; Blk. 10; GRANT ROAD ADDITION
All lots and tracts in SP 2019-01 – Muniz 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 conditions of this
Agreement.
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:
Exhibit A
City of East Wenatchee
Resolution 2025-08
DEFERRED IMPROVEMENTS AGREEMENT (12/2024) – CITY OF EAST WENATCHEE SP 2019-01
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 allocation method of any
assessments imposed upon the property by such district. The Owner agrees 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 using the lineal feet of the Owner's property's road frontage.
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 to 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 reasonably necessary to effectuate the intent of this paragraph.
The City’s total cost estimate for constructing the deferred improvements described at Exhibit B is
forty-nine thousand four hundred Sixty dollars ($49,460.00). 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.Bi nding 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 acquiring 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.
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
Exhibit A
City of East Wenatchee
Resolution 2025-08
DEFERRED IMPROVEMENTS AGREEMENT (12/2024) – CITY OF EAST WENATCHEE SP 2019-01
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:_____________________ ________________________________
Eliseo Aguilar Muniz, Owner/Developer
City of East Wenatchee, WASHINGTON
Date:_____________________ __________________________________
Jerrilea Crawford, Mayor
APPROVED AS TO FORM: Attest:
__________________________________ __________________________________
Bob Siderius, City Attorney Anna Laura Leon, City Clerk
STATE OF WASHINGTON )
) ss.
County of _______________ )
I certify that I know or have satisfactory evidence that Eliseo Muniz 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 2025-08
DEFERRED IMPROVEMENTS AGREEMENT (12/2024) – CITY OF EAST WENATCHEE SP 2019-01
EXHIBIT A
DEFERRED IMP ROVEMENTS AGREEMENT
REAL PROPERTY LEGAL DESCRIPTION
N ½ Lot 9; Blk. 10; GRANT ROAD ADDITION
All Lots and tracts within the Muniz Short Plat as authorized under City of East Wenatchee
Project File No. SP 20 19-01.
Exhibit A
City of East Wenatchee
Resolution 2025-08
DEFERRED IMPROVEMENTS AGREEMENT (12/2024) – CITY OF EAST WENATCHEE SP 2019-01
EXHIBIT B
DEFERRED IMPROVEMENTS AGREEMENT
DESCRIPTION OF DEFERRED IMPROVEMENTS
One hundred six (106 ) lineal feet of frontage improvements along N James Ave for the frontage
of Lot #1 of the Muniz Short Plat (S P 20 19-01). 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.
Exhibit A
City of East Wenatchee
Resolution 2025-08
Resolution 2025-08 Deferral for SP 2019-01
Final Audit Report 2025-01-29
Created:2025-01-29
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAbuUVzfN8vn4HsvymjsEd3kX9d0gFfTYR
"Resolution 2025-08 Deferral for SP 2019-01" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-01-29 - 11:09:03 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2025-01-29 - 11:16:28 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2025-01-29 - 11:37:08 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2025-01-29 - 11:37:23 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-01-29 - 11:37:25 PM GMT - Time Source: server
Agreement completed.
2025-01-29 - 11:37:25 PM GMT