Proposed
Revisions to Mashell
Meadows Developer Agreement...
Proposed Revisions from Town Attorney Ed
Hudson, July 1, 2007
MEMORANDUM OF AGREEMENT
Grantor:
TOWN OF EATONVILLE
Grantee:
MASHELL MEADOWS, LLC, a
Washington limited liability company
Legal
Description (abbreviated):
Sections
14 and 23, Township 16 North, Range 4 East, W.M. and Sections
23 and 24, Township 16 North, Range 4 East, W.M.
Additional legal(s) pages
Assessor's
Tax Parcel ID#: 0416231010,
0416231011, 0416231019, 0416231021, 0416231045, 0416231046 and 0416242011
Reference
Nos. of Documents Released or Assigned:
THIS
MEMORANDUM OF AGREEMENT I (the “Agreement”)
is entered into this _____ day of _______________, 2007 (the “Effective
Date”), by and between MASHELL
MEADOWS, LLC, a Washington limited liability company, hereafter
referred to as the “Applicant” and the TOWN OF
EATONVILLE, WASHINGTON, a municipal corporation, hereinafter referred
to as the “Town.”
WITNESSETH:
WHEREAS the Town has authority to enact laws and to
enter into agreements to promote the health, safety, and welfare of its
citizens and thereby control the use and development of property within
its jurisdiction; and
WHEREAS the Applicant has applied for
a phased preliminary plat and planned unit development (“Plat/PUD”)
for that certain real property described below within the Town’s
jurisdiction; and
WHEREAS, the Applicant has met with representatives
of the Town and discussed the proposed Plat/PUD with respect to its
compliance with all of the Town’s building codes and land use codes; and
WHEREAS, the Town has answered many questions
advanced by the Applicant and addressed in this Agreement with respect to
the proposed Plat/PUD to the Applicant’s satisfaction; and
WHEREAS, the Town and the Applicant desire to
memorialize in this Agreement their prior discussions enumerated below in
Sections A through K, inclusive, and the Town’s commitments to the
Applicant with respect to the planned development of the Property
described below; and
WHEREAS, this Agreement is a memorialization of the
agreements between the Applicant and the Town that will affect the
permitting and approval of the Plat/PUD and the providing of essential
public utilities (e.g., sanitary sewer potable water, etc.); and
WHEREAS, both the Town and the Applicant are going
to materially rely on the other’s commitments, assurances, promises and
agreements set forth below; and
WHEREAS, the Town represents and warrants that it has
in the past entered into such agreements with private property owners
within its jurisdiction, which it has faithfully honored; and
WHEREAS, this Agreement is intended to protect the
Applicant against the Town’s failure or refusal to honor the terms and
conditions set forth in this Agreement, including without limitation the
Town’s commitments, assurances, promises and agreements; and
WHEREAS the real property that is included in the
Application for the Plat/PUD is identified as all or portions of Pierce
County Tax Parcel Nos. 0416231010, 0416231011, 0416231019, 0416231021,
0416231045 and 0416242011 and is legally described on the face of the
Plat/PUD; and
WHEREAS the real property that is to be included in
the Application for the Plat/PUD is identified as Pierce County Tax Parcel
Nos. 0416231010, 0416231019, 0416231045 and 0416231046 and is legally
described on Attachment ____.
(the
“Property”).
WHEREAS the Applicant has indicated willingness to
cooperate with the Town to insure compliance with all Town ordinances and
all other local, state and federal laws relating to the use and
development of the Property.
NOW, THEREFORE, in consideration of the mutual
benefits to be derived from this Agreement, and subject to the terms and
conditions stated hereinafter, the Applicant does hereby covenant and
agree as follows:
A. Within a reasonable time after receipt of
Applicant’s written request, but in any event prior to final plat
approval of the Plat/PUD, the Town offers as consideration its agreement to remove all of its easements, rights and reservations
affecting the Property, both recorded and unrecorded, in consideration of for
the Applicant’s subsequent replacement of those rights and reservations
via the dedication of public roads to be approved in conjunction with the
Plat/PUD together with the dedication of easements allowing for connection
of existing water and sanitary sewer facilities to proposed water and
sanitary sewer facilities to be constructed by Applicant at its sole cost
and expense within the to be dedicated proposed public rights-of-way
situated within the geographic boundaries of the Property.
The following is a restatement
of the rights and reservations identified by Puget Sound Title
Company in its Preliminary Title Commitment issued on October 31, 2005
under Order No. 161776:
3.
Reservations as set forth in Statutory Warranty Deed recorded under
Recording No. 2785670, as follows:
RESERVING, HOWEVER, to the Grantor, its representatives and assigns, the
non-exclusive right to use any of the property described for purposes of
ingress, egress, drainage and utility services, over, under and across
said Parcel B.
Affects: Parcel B
4.
Terms, conditions and restrictions as set forth in
Statutory Warranty Deed recorded under Recording No. 2785670, as follows:
Use of such property by Grantor shall not unreasonably interfere with
Grantee's use of said property in this regard, it is intended by the
parties that Grantees may construct buildings on the surrounding area, may
drive vehicles over this property, may construct railroad lines over this
property and operate railroad trains and cars on said property; Grantees
or their successors and assigns will not, however, use said property in
such a manner as to obstruct Grantor's access to the drainage and utility
services on the property; Grantor shall have the obligation of maintaining
and repairing any drainage or utility service or equipment or
appurtenances on the property and shall hold Grantees, and their
successors and assigns, harmless from any claims or damages incurred as a
result of such drainage and utility service and equipment or appurtenances
becoming out of repair, bursting or leaking.
The transfer from Grantor to Grantee is made subject to the restriction
that the mill pond presently located adjacent to and immediately to the
East of Parcel C be maintained as a pond for a period of fifty (50) years.
It being understood that Grantees, or their successors and assigns,
can construct residential and/or commercial buildings on the property
surrounding the pond and can use the pond for purposes other than a mill
pond, including recreational and commercial purposes, without violating
this restriction; it being the intent of the parties that the Grantor
simply wishes the pond to remain as a pond and not be filled in with dirt.
If the mill pond is not so maintained through actions of Grantee or
anyone claiming through or under Grantee, then the title to the land
described as Parcel C herein shall forthwith revert to and rest in the
Grantor.
Affects: Parcel B
8.
Easement, including the terms, covenants and
provisions as may be contained therein, granted/reserved by instrument
Recorded:
February 29, l968
Recording No.: 2228587
Records of Pierce County, Washington
In favor of:
TOWN OF EATONVILLE
For:
To install and maintain power and telephone lines
9.
Easement to install and maintain a power line and telephone line
over a portion of Parcel B, as disclosed by numerous instruments of
record.
12.
Easement, including the terms, covenants and provisions as may be
contained therein, granted/reserved by instrument
Recorded:
August 3, 1993
Recording No.: 9308030768
Records of Pierce County, Washington
In favor of:
TOWN OF EATONVILLE, a Municipal Corporation
For:
Constructing cut or fill slopes in and upon the
premises
Affects:
Said premises and other property
13.
Easement, including the terms, covenants and provisions as may be
contained therein, granted/reserved by instrument
Recorded:
December 16, 1977
Recording No.: 2785671
Records of Pierce County, Washington
In favor of:
TOWN OF EATONVILLE, a Municipal Corporation
For:
Ingress, egress and utilities
Affects:
Parcel C
B.
The Town agrees to abandon and lawfully decommission all of the
existing wells not currently in use situated on: (i) the portion of the
Property identified as Pierce County Real Property Tax Parcel No.
0416231045; (ii) an adjacent property owned by Boettcher & Sons
identified as Pierce County Real Property Tax Parcel No. 0416231018; and
(iii) its own property identified as Pierce County Real Property Tax
Parcel No. 0416231021. A
drawing showing the location of all such wells is attached as Exhibit
“A,” which is incorporated and made a part hereof by this
reference.
C.
The Town agrees to promptly grant to the Applicant, and its
successors and assigns, a temporary right of entry across its property
identified as Pierce County Real Property Tax Parcel No. 0416231011, which
is situated adjacent to the Weyerhaeuser Road right-of-way on the east,
the Mashell River on the south and the portion of the Property identified
as Pierce County Real Property Tax Parcel No. 0416231019 on the west and
north as is reasonably requested and required in order to accommodate the
Applicant’s construction of pedestrian paths to be located along the
river and circling the Mill Pond. The
Town shall also promptly grant a temporary construction easement
authorizing the Applicant to construct the pedestrian path over said
Property. Applicant agrees to
insure that its exercise of its rights pursuant to this Section C shall
not interfere with the Town’s continual operation of the four (4) wells
on the Town’s property. A
drawing showing all Pierce County Real Property Parcel Nos. included in
the application is attached as Exhibit
“B,” which is incorporated and made apart hereof by this
reference.
D.
The Town agrees to remove the existing buildings currently utilized
in conjunction with the Town’s water system that are situated on its
property identified as Pierce County Real Property Tax Parcel Nos.
0416231010, within ninety (90) days of the Town’s determination that
said buildings are no longer necessary as a functional part of said water
system plant and facilities, except that the Water Treatment Building may
be converted into a parks building provided that the town enhances the
appearance of the building to a similar standard of the newly constructed
outbuildings at the new water treatment plant.
E.
Within
thirty (30) days of the recording of the final Plat/PDD, the Town agrees
to prepare and effect a Latecomer’s Agreement that will provide for
potential future reimbursement to Applicant of the costs and expenses
associated with and arising out of the construction of all off-site
improvements to streets and utilities.
F.
The Town agrees to do whatever is necessary to assure
on a perpetual basis the continuation of the conveyance of water from the
Town’s Water Treatment Plant to the Mill Pond by the existing conveyance
system situated on that portion of the property identified as Tract
“D” on the attached Exhibit
“C,” which by this reference is incorporated and made a part
hereof; provided, however, that the mandates stated herein shall not apply
if the Town is prevented from such performance by costly repairs
necessitated by natural or manmade disaster, if non-compliance is deemed
necessary by the Town to address a water shortage, if so ordered of
another governmental agency or entity with superseding authority, or if
the parties mutually agree.
FG.
The Applicant will demolish and remove the Wigwam Burner from the
Property prior to final plat approval.
However, before doing so, the Applicant shall provide the
Eatonville Historical Society 60 days’ notice of pending demolition and
shall grant access to the site so that the Historical Society can remove
any Wigwam Burner remains which it deems as being valuable or having
historical significance.
G.
H.
The Town agrees to facilitate the exchange of a
portion of its property situated south of the easterly portion of the
Property in exchange for fee simple ownership of the well protection area
situated just north of the Town’s existing wells.
Said exchange shall occur at time of the recording of the first
phase of the final Plat/PUD; however, upon receipt of Applicant’s
request at any time after the approval of the Preliminary Plat/PUD, the
Town agrees to promptly grant Applicant permission to enter upon said
properties to make whatever improvements are necessary to construct the
final Plat/PUD improvements for the first phase of the Plat/PUD.
Drawings showing the sizes, locations and legal descriptions of the
parcels to be exchanged are attached collectively, as Exhibit
“AD,”
which are incorporated and made a part hereof by this reference.
Tracts “A” and “B” will be transferred to the Applicant.
Tracts “E” and “F” will be the remainder Tracts retained by
the Town after Tracts “A” and “B” are transferred to Applicant.
Tracts “C” and “D” will be dedicated to the Town as part of
the recording of the final plat. The
Town expressly acknowledges and agrees that Tracts “A,” “B,”
“C” and “D” shall all be counted as part of the density
calculation for the Plat/PDD during the permitting process.
HI.
The Town also agrees to include in the exchange described in
Section A above the westerly fifteen feet (15’) of the existing
one-hundred foot (100’) public right-of-way for Weyerhaeuser Road South
that is adjacent to the easterly boundary of the Property that was
included in the Application for the Plat/PDD.
IJ.
The
Town also agrees to include in the exchange described in Section A above
the easterly fifteen feet (15’) of the existing one-hundred foot
(100’) public right-of-way for Weyerhaeuser Road South that is adjacent
to the easterly boundary of the Property that was included in the
Application for the Plat/PDD.
J.
The
Town agrees that the scope of the Traffic Impact Analysis to be required
during the State Environmental Policy Act (“SEPA”)
threshold determination shall be limited to: (i) the two (2) roads
that will provide direct access to the Property (Weyerhaeuser Road South
and Madison Avenue South); and (ii) the first intersections to the
east and also to the west on the adjoining road to the north (Center
Street). Said intersections would include: (i) the intersection
of Center Street and Madison Avenue South; and (ii) the intersection
of Center Street and Weyerhaeuser Road South.
A drawing showing said intersections is attached as Exhibit
“B,”
which is incorporated and made a part hereof by this reference.
K.
The Town agrees that the southerly access road to Madison Avenue
South on the west side of the Property may terminate in a horizontal curve
that will intersect Madison Avenue South at approximately _________
degrees (___°) with the Madison Avenue South extension that the Town is
completing through the north part of the George Smallwood Public Park.
L.
The Town agrees to allow the Mill Pond to be utilized
for storm water detention; and the Town will also allow additional storm
facilities, if required, to be constructed in Tract “D” within
two-hundred feet (200’) of the Mashell River.
MK.
The Town agrees that notwithstanding Section 2.F.1 of recently
passed Ordinance No. 2006-4 entitled “Maximum Lot Coverage” with
reference to “forty (40) percent”, the Maximum Lot Coverage allowed
shall be fifty percent (50%) for the Plat/PDD with respect to the entire
property included in the application for the Plat/PDD, including without
limitation Tracts “A,” “B,” “C” and “D” identified in the
attached Exhibit “AD”
to this Agreement.
NL.
The Town agrees that notwithstanding Section 2.I. of recently
passed Ordinance No. 2006-4 entitled “Side Yard Setbacks”, the side
yard setback for the Plat/PDD with respect to lots having attached housing
shall be zero feet (0’).
OM.
The obligations contained in this Memorandum of Agreement are
covenants running with the land, and burden the Town and successors and
assigns of the Applicant.
PN.
In the event that any term or clause of this Agreement conflicts
with applicable law, such conflicts shall not effect other terms of this
Agreement which can be given effect without the conflicting term or
clause, and to this end, the terms of this Agreement are declared to be
severable.
IN WITNESS WHEREOF each of the parties hereto have
executed this Agreement as of the day and year written below; however, the
Effective Date of this Agreement shall be the day and year first written
above.
Mashell
Meadows
Developer Agreement
Some Minor Changes Have Been Made for the May 29
Council Meeting, Those Changes Aren't in this Agreement...
May 27,
2007
Section H
dealing with selling and reserving water connections is emphasized by ENN.
MEMORANDUM
OF AGREEMENT I
Grantor:
TOWN OF EATONVILLE
Grantee:
MASHELL MEADOWS, LLC, a
Washington limited liability company
Legal
Description (abbreviated): Sections
23 and 24, Township 16 North, Range 4 East, W.M.
Additional legal(s)
Assessor's
Tax Parcel ID#: 0416231010,
0416231011, 0416231019, 0416231021, 0416231045 and 0416242011
Reference
Nos. of Documents Released or Assigned:
THIS
MEMORANDUM OF AGREEMENT I (the “Agreement”)
is entered into this _____ day of _______________, 2007 (the “Effective
Date”), by and between MASHELL
MEADOWS, LLC, a Washington limited liability company, hereafter
referred to as the “Applicant”
and the TOWN OF EATONVILLE,
WASHINGTON, a municipal corporation, hereinafter referred to as the
“Town.”
WITNESSETH:
WHEREAS
the Town has authority to enact laws and to enter into agreements to
promote the health, safety, and welfare of its citizens and thereby
control the use and development of property within its jurisdiction; and
WHEREAS
the Applicant has applied for
a phased preliminary plat and planned unit development (“Plat/PUD”)
for that certain real property described below within the Town’s
jurisdiction; and
WHEREAS,
the Applicant has met with representatives of the Town and discussed the
proposed Plat/PUD with respect to its compliance with all of the Town’s
building codes and land use codes; and
WHEREAS,
the Town has answered many questions advanced by the Applicant and
addressed in this Agreement with respect to the proposed Plat/PUD to the
Applicant’s satisfaction; and
WHEREAS,
the Town and the Applicant desire to memorialize in this Agreement their
prior discussions enumerated below in Sections A through K, inclusive, and
the Town’s commitments to the Applicant with respect to the planned
development of the Property described below; and
WHEREAS,
this Agreement is a memorialization of the agreements between the
Applicant and the Town that will affect the permitting and approval of the
Plat/PUD and the providing of essential public utilities (e.g., sanitary
sewer potable water, etc.); and
WHEREAS,
both the Town and the Applicant are going
to materially rely on the other’s commitments, assurances, promises and
agreements set forth below; and
WHEREAS,
the Town represents and warrants that it has in the past entered into such
agreements with private property owners within its jurisdiction, which it
has faithfully honored; and
WHEREAS,
this Agreement is intended to protect the Applicant against the Town’s
failure or refusal to honor the terms and conditions set forth in this
Agreement, including without limitation the Town’s commitments,
assurances, promises and agreements; and
WHEREAS
the real property that is included in the Application for the Plat/PUD is
identified as all or portions of Pierce County Tax Parcel Nos. 0416231010,
0416231011, 0416231019, 0416231021, 0416231045 and 0416242011 and is
legally described on the face of the Plat/PUD.
(the
“Property”).
WHEREAS
the Applicant has indicated willingness to cooperate with the Town to
insure compliance with all Town ordinances and all other local, state and
federal laws relating to the use and development of the Property.
NOW,
THEREFORE, in consideration of the mutual benefits to be derived from this
Agreement, and subject to the terms and conditions stated hereinafter, the
Applicant does hereby covenant and agree as follows:
A.
Within a reasonable time after receipt of Applicant’s written
request, but in any event prior to final plat approval of the Plat/PUD,
the Town offers as consideration its agreement to
remove all of its easements, rights and reservations affecting the
Property, both recorded and unrecorded, in consideration of for
the Applicant’s subsequent replacement of those rights and reservations
via the dedication of public roads to be approved in conjunction with the
Plat/PUD together with the dedication of easements allowing for connection
of existing water and sanitary sewer facilities to proposed water and
sanitary sewer facilities to be constructed by Applicant at its sole cost
and expense within the to be dedicated proposed public rights-of-way
situated within the geographic boundaries of the Property.
The following is a restatement
of the rights and reservations identified by Puget Sound Title
Company in its Preliminary Title Commitment issued on October 31, 2005
under Order No. 161776:
3.
Reservations as set forth in Statutory Warranty Deed recorded under
Recording No. 2785670, as follows:
RESERVING, HOWEVER, to the Grantor, its representatives and assigns, the
non-exclusive right to use any of the property described for purposes of
ingress, egress, drainage and utility services, over, under and across
said Parcel B.
Affects:
Parcel B4Terms, conditions and restrictions as set forth in
Statutory Warranty Deed recorded under Recording No. 2785670, as follows:
Use of such property by Grantor shall not unreasonably interfere with
Grantee's use of said property in this regard, it is intended by the
parties that Grantees may construct buildings on the surrounding area, may
drive vehicles over this property, may construct railroad lines over this
property and operate railroad trains and cars on said property; Grantees
or their successors and assigns will not, however, use said property in
such a manner as to obstruct Grantor's access to the drainage and utility
services on the property; Grantor shall have the obligation of maintaining
and repairing any drainage or utility service or equipment or
appurtenances on the property and shall hold Grantees, and their
successors and assigns, harmless from any claims or damages incurred as a
result of such drainage and utility service and equipment or appurtenances
becoming out of repair, bursting or leaking.
The transfer from Grantor to Grantee is made subject to the restriction
that the mill pond presently located adjacent to and immediately to the
East of Parcel C be maintained as a pond for a period of fifty (50) years.
It being understood that Grantees, or their successors and assigns,
can construct residential and/or commercial buildings on the property
surrounding the pond and can use the pond for purposes other than a mill
pond, including recreational and commercial purposes, without violating
this restriction; it being the intent of the parties that the Grantor
simply wishes the pond to remain as a pond and not be filled in with dirt.
If the mill pond is not so maintained through actions of Grantee or
anyone claiming through or under Grantee, then the title to the land
described as Parcel C herein shall forthwith revert to and rest in the
Grantor.
Affects:
Parcel B
8.
Easement,
including the terms, covenants and provisions as may be contained therein,
granted/reserved by instrument
Recorded:
February 29, l968
Recording No.:
2228587
Records of Pierce County, Washington
In favor of:
TOWN OF EATONVILLE
For:
To install and maintain power and telephone lines
9.
Easement to install and maintain a power line and telephone line
over a portion of Parcel B, as disclosed by numerous instruments of
record.
12.
Easement, including the terms, covenants and provisions as may be
contained therein, granted/reserved by instrument
Recorded:
August 3, 1993
Recording No.:
9308030768
Records of Pierce County, Washington
In favor of:
TOWN OF EATONVILLE, a Municipal Corporation
For:
Constructing cut or fill slopes in and upon the
premises
Affects:
Said premises and other property
13.
Easement, including the terms, covenants and provisions as may be
contained therein, granted/reserved by instrument
Recorded:
December 16, 1977
Recording No.:
2785671
Records of Pierce County, Washington
In favor of:
TOWN OF EATONVILLE, a Municipal Corporation
For:
Ingress, egress and utilities
Affects:
Parcel C
B.
The Town agrees to abandon and lawfully decommission all of the
existing wells not currently in use situated on: (i) the portion of the
Property identified as Pierce County Real Property Tax Parcel No.
0416231045; (ii) an adjacent property owned by Boettcher & Sons
identified as Pierce County Real Property Tax Parcel No. 0416231018; and
(iii) its own property identified as Pierce County Real Property Tax
Parcel No. 0416231021. A
drawing showing the location of all such wells is attached as Exhibit
“A,” which is incorporated and made a part hereof by this
reference.
C.
The Town agrees to promptly grant to the Applicant, and its
successors and assigns, a temporary right of entry across its property
identified as Pierce County Real Property Tax Parcel No. 0416231011, which
is situated adjacent to the Weyerhaeuser Road right-of-way on the east,
the Mashell River on the south and the portion of the Property identified
as Pierce County Real Property Tax Parcel No. 0416231019 on the west and
north as is reasonably requested and required in order to accommodate the
Applicant’s construction of pedestrian paths to be located along the
river and circling the Mill Pond. The
Town shall also promptly grant a temporary construction easement
authorizing the Applicant to construct the pedestrian path over said
Property. Applicant agrees to
insure that its exercise of its rights pursuant to this Section C shall
not interfere with the Town’s continual operation of the four (4) wells
on the Town’s property. A
drawing showing all Pierce County Real Property Parcel Nos. included in
the application is attached as Exhibit
“B,” which is incorporated and made apart hereof by this
reference.
D.
The Town agrees to remove the existing buildings currently utilized
in conjunction with the Town’s water system that are situated on its
property identified as Pierce County Real Property Tax Parcel Nos.
0416231010, within ninety (90) days of the Town’s determination that
said buildings are no longer necessary as a functional part of said water
system plant and facilities, except that the Water Treatment Building may
be converted into a parks building provided that the town enhances the
appearance of the building to a similar standard of the newly constructed
outbuildings at the new water treatment plant.
E.
Within thirty (30) days of the recording of the final Plat/PDD, the
Town agrees to prepare and effect a Latecomer’s Agreement that will
provide for potential future reimbursement to Applicant of the costs and
expenses associated with and arising out of the construction of all
off-site improvements to streets and utilities.
F.
The Town agrees to do whatever is necessary to assure on a
perpetual basis the continuation of the conveyance of water from the
Town’s Water Treatment Plant to the Mill Pond by the existing conveyance
system situated on that portion of the property identified as Tract
“D” on the attached Exhibit
“C,” or by some other modified conveyance system.
Exhibit “C” is incorporated and made a part hereof by this
reference.
G.
The Applicant will demolish and remove the Wigwam Burner from the
Property prior to final plat
approval.
H.
The Town agrees to provide potable water service to serve the
Property, which is contemplated to ultimately be developed such that it
will result in approximately 250 to 300 dwelling units.
Therefore, the Town shall reserve a sufficient number of potable
water connections (“Water
Connections”) to serve the Property.
In consideration of the Town’s reservation of the potable water
availability, the Applicant agrees to pay in advance for all water
services for the Property in the amount of $7,000
per Water Connection. The
time of such payment shall be at the discretion of the Applicant so long
as such payment is made as follows: (i) payment for 100 Water Connections
on or before that date that is one year from the unappealed preliminary
plat approval; and (ii) payment of the balance of the remaining Water
Connections on or before the recording of the final plat for the first
phase of the Plat/PDD, which shall be the deadline for such payment.
I.
The obligations contained in this Memorandum of Agreement are
covenants running with the land, and burden the Town and successors and
assigns of the Applicant.
J.
In the event that any term or clause of this Agreement conflicts
with applicable law, such conflicts shall not effect other terms of this
Agreement which can be given effect without the conflicting term or
clause, and to this end, the terms of this Agreement are declared to be
severable.
K.
All of the foregoing obligations undertaken by the Applicant and
the Town shall be binding on both parties from the date hereof in
anticipation of the subsequent approval of said Plat/PUD.
In the event that said Plat/PUD is not ultimately approved, then
the obligations hereunder shall be deemed terminated.
However, such termination shall not occur unless and until the
denial is either un-appealed or sustained after all appeals filed by the
Applicant.
IN
WITNESS WHEREOF each of the parties hereto have executed this Agreement as
of the day and year written below; however, the Effective Date of this
Agreement shall be the day and year first written above.
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ATTEST:
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TOWN
OF EATONVILLE
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Town
Clerk
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By:
Tom
Smallwood
Mayor
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Dated:
___________ ____, 2007
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Dated:
___________ ____, 2007
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[seal]
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Edward G. Hudson
Town Attorney
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APPLICANT:
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MASHELL
MEADOWS, LLC
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By:
Paul E. Green
Its: Member
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STATE
OF WASHINGTON
)
) ss.
County
of Pierce
)
On
this _____ day of _____________, 2007, before me personally appeared Tom
Smallwood, to me known to be the Mayor of the TOWN OF EATONVILLE., the
Washington municipal corporation that executed the within and foregoing
instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute
and in fact executed said instrument on behalf of the corporation.
Given
under my hand and official seal this ____ day of ____________, 2007.
(Type/Print Name)
Notary Public in and for the State of Washington, residing at
.
My appointment expires:
.
STATE
OF WASHINGTON
)
) ss.
County
of Pierce
)
On
this _____ day of _____________, 2007, before me personally appeared PAUL
E. GREEN, to me known to be a Member of MASHELL MEADOWS, LLC, the limited
liability company that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed
of said limited liability company for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute and in
fact executed said instrument on behalf of the limited liability company.
Given
under my hand and official seal this ____ day of ____________, 2007.
(Type/Print Name)
Notary Public in and for the State of Washington, residing at
.
My
appointment expires:
.
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