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Home My WebLink About01-20-2026 Deferred Improvements Agreement_Story, MichaelThad L. Duvall, Auditor, Douglas County, WA. AFN # 3280393 Recorded 01/30/2026 at 10:20;23AM, AGR Pages: 7 $309.50 CITI' OF EAST WENATCHEE Return Document to: City of East Wenatchee 2719th Street NE East Wenatehee, WA 98802 Document Title: Deferred Improvements Agreement Related Documents: N/A Grantor: Michael K. Story Grantee: City ofEastWenatchee Legal Description: That portion of the North '/2 of Lot 52, East Wenatchee Land Company's Plat of Section 2, Township 22 North, Range 20 E.W.M., Douglas County, Washington, according to the Plat thereof, recorded in Volume A of Plats, Page 194, City of East Wenatchee, Washington. Parcel Number(s): 40000005209 DEFERRED IMPROVEMENTS AGREEMENT Covenants Consenting to Formation of District and Agreeing to Pay for Future Construction of 250 12th Place NE 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 12.50.150C, 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: Project Name: Owner Name: Address: Developer Name: Address: SP 2025-02 Story Short Plat MichaelK. Story 250 12th Place N.E. East Wenatohee, WA 98802 Same as owner Legal Description: That portion of the North Vi of Lot 52, East Wenatchee Land Company's Plat of Section 2, Township 22 North, Range 20, E.W.M., Douglas County, Washington, according to the plat thereof, recorded in Volume A of Plats, Page 194. 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. DEFERRED IMPROVEMENTS (11/2025) - CITY OF EAST WENATCHEE SP 2025-02 t 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 as 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 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 ExhibitA to secure such payment and such lien may be recorded with the Doulgas 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 Sforty-three thousand three hundred thirty-seven dollars ($43,337). 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 ExhibitA. 5. Tenn. This Agreement shall be effective upon recording with the Douglas County Auditor and shall remain in etTect for a period often (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 thisAgreement. 7. Waiver Limited. Awaiver 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. DEFERRED IMPROVEMENTS (11/2025) - CITY OF EAST WENATCHEE SP 2025-02 8. Entire Agreement. This Agreement constitutes the entire agreement between the City and the 0^vner. 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. Date:/A/3/OWNER/DEVELOPERJ'yMz./ Michael K Story, Owner/Deve^per Date:M Uf- City of East Wenatchee, Washington Terrilea Crawford, Mayoj APPROVED AS FO « Bob Sfflerius, City Attorney Attest: <- ^AA /j^y^ aura Lean, City Cje.T STATE OF WASHINGTON ) )ss County of Douglas ) 1 certify that I know or have satisfactory evidence that Michael K. Story signed this instmment and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this mstrument. a(-DATED this JS_3siy of ^O^^O-T^ , 20^5' Notary Public State of Washington WENDY LANE N0.209100 MY COMMISSION EXPIRES 08/01/2027 IA^<»-^e^ r theNotary Publil State of Washington Residing at'Dcx-cqYa.^ CP^^- My Commission e?^ires: O^-oi- ^>y~f DEFERRED IMPROVEMENTS (11/2025) - CITY OF EAST WENATCHEE SP 2025-02 EXHIBIT A DEFERRED IMPROVEMENTS AGREEMENT REAL PROPERTY LEGAL DESCRIPTION That portion of the North '/2 of Lot 52, East Wenatchee Land Company's Plat of Section 2, Township 22 North, Range 20, E.W.M., Douglas County, Washington, according to the plat thereof, recorded in Volume A of Plats, Page 194. All lots and tracts within the Story Short Plat as authorized under City of East Wenatohee Project File No. SP 2025-02. DEFERRED IMPROVEMENTS (11/2025) - CITY OF EAST WENATCHEE SP 2025-02 EXHIBIT B ESTIMATED COST OF EMPROVEMENTS The total estimated cost of improvements is $43,337. Additional support for this estimate is attached to the following pages. i DEFERRED IMPROVEMENTS (11/2025) - CITY OF EAST WENATCHEE SP 2025-02 APPEAL Curb Appeal, LLC P.O. Box 119 Wenatchee, WA 98807 Contact: Ce'by Holaday Phone: 509-668-6533 Quote_To: Email Kevin Story 250 12th PINE East Wenatchee WA 98802 Asprinkleabove@yahoo.com Job Name: Bid Date: Bid Time: 11-03-2025 11:00 AM ITEM DESCRIPTION QUANTITY ] UNIT | UNIT PRICE AMOUNT 101 Curb and Gutter 136.00 LF 42.00 5,712.00 201 Approach l0'x30" 1.00 EA 2,000.00 2,000.00 3014" Sidewalk 59.00 SY 80.00 4,720.00 GRAND TOTAL $12,432.00 NOTES: 1) Proposal based on plans dated N/A 2) Price above includes 2 mobilizations Each additional mobe is $1,000 3) Addendum Actoowlcdgcd 4) Mutually agreed iipon schedule 5) Acftial Quantities to Prevail 6)Winter placement /protection and / or hot weather protection excluded. 8)Items not quoted in table are excluded. Quote to become part of contract. 9)Standard Exclusions: Engineering, survey, staking, layout, traffic control, permits, fees, bonds, testing, excavation, subgrade preparation, gravel, gravel placement, compaction, concrete pumping, sawcutting, jointsealing, demolition, wire mesh supply and tying, rebar supply and tying, concrete washouts, insulation board, dcimpproofing, wet curing, sales tax. 10) Concrete damage as a result of freezing weather or subsequent damage by others, repairs, patching, additional hand forming on macliinejobs and re-do work will be addressed on an individual basis. 11) Concrete damage / vandalism by others and repair /replacement of that damage is excluded from proposal. 12) After shift pour watch is excluded and is Prime Contractor's responsibility 13)Concrete overruns due to improperly surveyed grade, improperly finished or iincoinpactecl areas will be paid by the prime contractor. 14)Att items are tied and cannot be broken without prior approval. 15) Apprenticeship earticipation is excluded and no penalties to be assessed towards Curb Appeal. 15) Siicvey needs to be 3' offsets Page 1 of 1 pl£K12i C^NiTRUCTION Movember 6,2025 S^Xve96@y^o.co. .efoUo.in.scopeof^att.eabove address. ,, 250 H-Pl-NE Sidewalk G.ad>n^P-P ,.^.,..—»-.»-p—p"mEfo"hB '•• ^&^&-"-^2S^S^?""-.:^^§^s^^^s^l': 's^^£ss^s^s?"w°^' : S'6'»SK"3"W Lump Sum S28.45S.OO Plus WSST Conditions and Clanficat.ons: ^^ ^^ ^ ^ P"v;ae.!^te^!SSS:a^££^SS£^SS^S^" .»»<«,»..»»"""-'"*"-"""m' This^S^=s^=.s"uf"-"E- removal of unknown^ pricing va'>dfor30days- Thank you for the opportunity to prov ide this proposal. Feel free Regards, Mario Johnson pipkin ConstNCt^n^ 509-884-2400 Office 509-669-n77cen ^^^^•^15091884-2400 FAX (609) 884-7099