AgreementWaiverProtestAGREEMENT WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LID/ULID/LATECOMER)
THIS INSTRUMENT is entered into this day of , 20 , by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
“CITY”, and Mary Brock and/or Assigns, hereinafter referred to as the “OWNER.”
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington:
Section 19 Township 17 Range 2E Plat YELM ADDITION BLK 3 LT 4 & LT 5 E 1/2
and WHEREAS, the CITY has required as a condition of approval of the OWNER’s site plan for said property that the OWNER participate in the construction of certain utilities and/or street
improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected
owners.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows:
1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set
forth hereinafter.
2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners:
Sanitary sewer system improvements;
Water system improvements;
Storm water system improvements;
X Street improvements;
X Street lighting improvements;
X Sidewalk improvements;
which improvements are more specifically described as follows:
Per land use approval SPR-05-0492-YL
3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings
for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, “rights of protest” shall mean only those formal rights to protest contained
within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER’s heirs, assigns or successors
in interest, of the right to object to the OWNER’s individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final
assessment roll or latecomer ordinance and agreement, which rights are specifically preserved.
4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights
of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described hereinabove, to accomplish the following: At
such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available
to the OWNER’s property described hereinabove, to execute a Petition on behalf of the OWNER for the creation of such LID, ULID or Latecomer Ordinance and Agreement. This special Power
of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney
shall not be affected by the disability of the OWNER.
5. If the OWNER fails to perform in good faith in accordance with this Instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after
giving 20 days notice thereof and an opportunity for hearing
thereon, or may pursue other equitable or legal remedies.
6. The OWNER hereby declares that she is the sole owner of the property described herein and has full power to commit said property to this Agreement, Waiver of Protest and Special Power
of Attorney.
7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest.
8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof. For purposes of RCW 35.72
and RCW 35.91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement
becomes effective.
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first hereinabove written.
CITY OF YELM OWNER
By:
City Administrator
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 20 , personally appeared before me , to me known to be the individual(s) and/or corporate officers
described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed on behalf of themselves
or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned.
Notary Public in and for the State
of Washington, residing at
My commission expires: