Agmt for Deferral of Frontage ImprovementsAGREEMENT FOR DEFERRAL OF
FRONTAGE IMPROVEMENTS
Grantor(s): Jason and Debra Nimocks
Grantee: City of Yelm
Legal Description: S19 T17 R2E Plat YELM ADDITION BLK 2 LT 1
Tax Parcel Number: 85800200100
THIS AGREEMENT is made and entered into this day of ,2021, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the “CITY” and Jason and
Debra Nimocks, 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 YELM ADDITION BLK 2 LT 1
WHEREAS, OWNER has sought approval of a ministerial 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 Yelm Avenue West and Railroad Avenue (the “Frontage
Improvements”) as follows:
Half street frontage improvements to Yelm Avenue West to City of Yelm Urban Arterial Standards, and half street frontage improvements to Railroad Street to City of Yelm Local Access
Commercial Standards.
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 ministerial site plan review permit filed with CITY OF YELM under Permit Number 2021.0154.PR0005.
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, ministerial site plan review permit number 2021.0154.PR0005 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:_________________________
Director of Public Works By:_________________________
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On this day and year below, personally appeared before me , to me known to be the of , and who executed the within and foregoing instrument and acknowledged that he/she
signed the same as his/her own 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.
Given under my hand and seal this ________ day of ______________, 20____.
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 below, personally appeared before me Cody Colt, 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 _________, 20 .
Notary Public in and for the State of Washington,
residing at
My commission expires: