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HomeMy WebLinkAbout2009 - No Protest Local Improvement District Agreement - Jourha Darshan / Jourha Meena - 20090310001059DOCUMENT TITLE(S) (or transactions contained therein): No Protest Local Improvement District Agreement REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: n/a Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and initials) Jourha, Darshan and Meena Additional names on page of document GRANTEE(S) (Last name first, then first name and initials) City of Tukwila, a municipal corporation of King County, Washington Additional names on page of document LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range) 23 -24 7 Allentown Add AKA Tukwila Lot Consolidation L07 -038 REC #2008014001183 ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER APN 017900 -1455 Assessor Tax not yet assigned A ter recording, return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 C:ke mp/XPgrpwise J muha Recorder Cover Sheetdoc/03 /0 4/09 20090310001059 4814 South 124th Street CITY OF TUKWIL AG 48.00 PRGE001 OF 007 03/10/2009 COUNTY, WA WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) 1 i 1 i NO PROTEST LOCAL IMPROVEMENT DISTRICT AGREEMENT THIS AGREEMENT "Agreement is made and entered into by Mr. Darshan Jourha, owner and developer of the property; and the City of Tukwila, a Washington municipal corporation "City"). 1. Property. Owner is the majority owner of certain real property located in the City and legally described on Exhibit "A" attached hereto and incorporated herein by this reference "Property 2. Development. Owner applied for and received approval through a decision by the City's Hearing Examiner for a lot area variance to develop one single family residence on a 5,000 sq. ft. parcel in the Low Density Development district. A condition of the lot area variance approval is the execution of a "no protest" agreement to participate in any future local improvement districts for the construction of sidewalks or other urban infrastructure along South 124` Street. 3. Improvement Projects. The City anticipates one or more Local Improvement Districts "LID will be formed to complete the following future projects: A. Construction of sidewalks or other urban infrastructure along S. 124 Street. "Improvements 4. Waiver of Right to Protest. Owner agrees to participate in and waive protest of formation of an LID for the purpose of completing any or all of the Improvements. Owner shall retain the right to protest the methodology and/or specific amount of any LID assessment. 5. Power of Attorney to initiate LID Owner hereby appoints the City as his/her attorney -in -fact to act on their behalf for the purpose of executing a petition to initiate an LID as set forth in RCW 35.43.120. Said power of attorney to execute a petition to initiate an LID extends only to the LIDs that are the subject of this Agreement. 6. Term. This Agreement shall commence on the first date on which all parties have executed the Agreement and shall remain in full force and effect for a period of ten (10) years from that date 7. Binding Effect. This Agreement touches and concems the development of the Property and shall constitute a covenant running with the Property. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives. 8. Applicable Law. This Agreement shall be govemed by and construed in accordance Jourha No Protest Local Improvement District Agreement with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this Agreement shall be exclusively in the state and federal courts of King County, Washington. 9. Attorneys' Fees. In the event that any suit or other proceeding is instituted by any party(ies) to this Agreement arising out of or pertaining to this Agreement, including but not limited to filing suit, or requesting an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceeding and appeals and collateral actions relative to such a suit or Proceeding, the substantially prevailing party(ies) as determined by the court or in the Proceeding shall be entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such suit or Proceeding from the substantially nonprevailing party(ies), in addition to such other relief as may be awarded. 10. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to this matter. It may not be modified except in a writing signed by all parties against whom enforcement of the modification is sought. 11. Waiver. The waiver by a party of a breach of any provision of this Agreement by another party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. 12. Severability. If for any reason any portion of this Agreement shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this Agreement and the remaining portions of this Agreement shall remain in full force and effect. office. 13. Recording. The City shall record this Agreement with the King County Auditor's 14. Authority to Execute. The persons executing this Agree r._-nt on behalf of the Owner, Westfield and the City represent and warrant that they have the ru;oective power and authority, and are duly authorized to execute and bind their respective'eri_itie uo the terms of this Agreement. CITY OF TUKWILA: Date: 3 a 51 By: OWNER. Date: A ByTAASniag Sfri6CVDual4 Jourha No Protest Local Improvement District Agreement Its: rn ft or ATTEST: C Ghvisry DTIAw7ity Clerk STATE COUNTY OF d the said ins WASHINGTON On this day o for the State of Washin to me known to be the ss. the foregoing instrument, and acknowle deed of said corporation for the uses and was authorized to execute the said instrument of said corporation. Its: Cth ri 5 3 Ou■-- Date: By: Its: 200, before me, the and duly commissioned of Witness my hand and official -al hereto affixed the signed, a Notary Public in and sworn, personally appeared the corporation that executed ent to be the free and voluntary act and therein mentioned, and on oath stated that hat the seal affixed (if any) is the corporate seal and year first above written. Notary Public in and s the State of Washington, residing at My Commission Expires: Jourha No Protest Local Improvement District Agreement edged S TE OF WASHINGTON COUNTY KING On this for the State of to me known to be the the foregoing instrument, and ackn deed of said corporation for the use was authorized to execute the said of said corporation. Witness my h STATE OF WASHINGTON COUNTY OF KING ss. of 200, before me duly commiss' of and official seal hereto affi s GIVEN under my hand and official seal this undersigned, a Notary Public in and ed and swom, personally appeared the corporation that executed e said instrument to be the free and voluntary act and d purposes therein mentioned, and on oath stated that t and that the seal affixed (if any) is the corporate seal he day and year first above written. Notary Pu. 'c in and for the State of Washington iding at My Commission Ex On this day personally appeared before me k M SS J U A o me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 11.1 signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. day of 009. .t. ^ublic to the State of Washington, residing at N, Nab, My Commission Expires: I G ((5 Jourha No Protest Local Improvement District Agreement ST E OF WASHINGTON COUNTY 4 KING This is to :+ify that on the day of 200 b ore me, the undersigned, a Notary Public, persona appeared and to me known to be the and re s -ctively of the corporation that executed th oregoing instrument as th- _eneral partner of a limited partnership and acknowledg the said instrume to be the free and voluntary act and deed of said corporation as said general partne or the us= and purposes therein mentioned, and on oath stated that they were authorized to execute i :id instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official al hereto affixed e day and year first above written. EXHIB A Property Description Q:Uourha Variance -BLAWo Protest LID Agreement.doc s s. Notary Public and for the State of Washington, resi.'ng at My Commission Expir: Page 5 of 5 12212007 5:33:00 PM 9' 0 0 F•ll 1 1„9 -1- c 4 5-{ 444 57 0 7 7 cA_ //f t;,, 6ti tot kAy (Lk) r /6 D tr H.