Agmt for Deferral of Frontage ImprovementsAGREEMENT FOR DEFERRAL OF
FRONTAGE IMPROVEMENTS
Grantor(s): NPR Holdings LLC
Grantee: City of Yelm
Legal Description: Section 19 Township 17 Range 2E Plat MCKENNA IRRIGATED TRACTS BLK 9 LT 2
Tax Parcel Number: 64300900200
THIS AGREEMENT is made and entered into this day of ,2019, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the “CITY” and NPR Holdings,
LLC, herein referred to as the “OWNER”; and
WHEREAS, OWNER is the recorded owner of the following described property located within the City of Yelm, Washington:
Section 19 Township 17 Range 2E Plat MCKENNA IRRIGATED TRACTS BLK 9 LT 2
WHEREAS, OWNER has sought approval of a Site Plan Review permit (the “Permit”) within the City of Yelm pertaining to the Property; and
WHEREAS, conditions of said permit approval include the construction of frontage improvements within the City of Yelm by the OWNER to Northern Pacific Road NW (the “Frontage Improvements”)
as follows:
Construction of Commercial Collector to include an 11’ traffic lane, 5’ paved shoulder, curb, gutter, 7’ planter strip and 5’ sidewalk.
WHEREAS, OWNER has requested a deferral of the Frontage Improvements pursuant to City of Yelm Standards, and the Director of Public Works for the CITY, has determined that the OWNER
has met deferral criteria as follows:
The installation of frontage improvements required for the development could be more safely, efficiently and effectively implemented if done concurrently with the installation of improvements
required for other developments along the same street frontage.
WHEREAS, as a condition of granting deferral of the Frontage Improvements, the OWNER agrees to participate in any local improvements made by others, or districts formed by the CITY
for the construction of the Frontage Improvements;
NOW, THEREFORE, it is hereby agreed between the parties as follows:
The CITY hereby defers the installation of the Frontage Improvements for a Site Plan Review permit filed with CITY OF YELM under Permit Number 20180242.
In consideration therefore, OWNER hereby agrees that in the event the CITY or other entity or individual, installs the Frontage Improvements, OWNER shall pay such sum that represents
OWNER’S proportionate share of the final cost of the Frontage Improvements and further agrees to enter into any agreement with the CITY, or others, codifying such requirement.
This Agreement touches and concerns the real property described above and hereby binds OWNER and its assignees, heirs, transferees, donees, and/or successors in interest to said property.
This agreement shall be recorded in the Thurston County Auditor’s Office.
This Agreement shall not be construed to waive any requirement under current ordinance, resolution, standards, Site Plan Review permit number 20180242, or other authority of the CITY
for the immediate or deferred installation upon or in conjunction with the above described property of any improvements not included herein.
This Agreement shall be effective for a period of fifteen (15) years from the date of recording. However, if a road improvement district is formed, this Agreement shall be effective
for ten (10) years from the date of recording of the road improvement district.
It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the courts to be illegal, the validity of the remaining provisions
shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.
If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative
and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written.
CITY OF YELM OWNER
By:_________________________________ By:_________________________
Chad Bedlington,
Director of Public Works Title:_________________________
Date: Date:
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On this day and year above, personally appeared before me Chad Bedlington, to me known to be the Public Works Director of the City of Yelm, a Municipal Corporation, who executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on
oath states he is authorized to execute the said instrument.
Given under my hand and seal this ___ day of _________, 2019.
Notary Public in and for the State of Washington,
residing at
My commission expires:
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On this day and year above, personally appeared before me , to me known to be the of , who executed the foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument.
Given under my hand and seal this ________ day of ______________, 20____.
Notary Public in and for the State of Washington,
residing at
My commission expires: