DRAFT Church School Covenant 11.2.2020After recording return to:
Return Name & Address
______________________
______________________
______________________
Document Title
Declaration of Covenant –Temporary Schoolroom Use
Reference Number(s) of Related Documents:
______________________________________________________________________________
Grantor:
______________________________________________________________________________
Grantee:
City of Edmonds
Legal Description:(abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter)
______________________________________________________________________________
______________________________________________________________________________
Assessor’s Property Tax Parcel/Account Number at the Time of Recording:
______________________________________________________________________________
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided
herein.
Return Recorded Instrument To:
City of Edmonds – Clerk’s Office
121 5th Avenue N, Edmonds, WA 98020
DECLARATION OF COVENANT
Temporary Schoolroom Use
Compliance with the provisions of this Covenant shall be deemed to be a requirement of title.
Property Address:
Assessor’s Parcel Number:
Legal Description:
Grantor:
Grantee:
City of Edmonds, Washington
Related Permit Number(s):
This Temporary Schoolroom Use Covenant (hereafter “Covenant”) is entered into as of the date set forth below by the undersigned owner of real property legally described in Exhibit A,
attached hereto and incorporated herein by this reference as if set forth in full(hereafter the “Property”), _____________________________________, a 501(c)(3) non-Profit Organization
(hereafter the “Owner” / “Grantor”), in favor of the City of Edmonds, Washington, a municipal corporation (hereafter the “City” / “Grantee”) as agreed for the suspension of the requirement
that the Owner pay transportation impact fees to the City that are otherwise required by the schoolroom use on the Property.
RECITALS
WHEREAS, the Owner intends to temporarily convert a room in the church building located on the Property into a temporary schoolroom for children to use for distance learning purposes,
which distance learning is necessitated by the COVID-19 pandemic, from the effective date of this Covenant through August 31, 2021, and has requested that the City waive the requirement
of the Owner to pay the transportation impact fees related to such temporary change of use; and
WHEREAS, the City has agreed to suspend the requirement of the Owner to pay transportation impact fees, as required by ECC 3.36.030, amounting to $__________ at the time of the Owner’s
application,which are necessitated by the proposed temporary change of use, subject to the execution and recording of this Declaration of Covenant; and
WHEREAS, the Owner acknowledges and agrees that this Covenant is a deed restriction that shall require the payment of the suspended transportation impact fees in the amount of $__________
in the event the temporary schoolroom use continues beyond August 31, 2021 for any reason; and
WHEREAS, the City acknowledges and agrees that, if the temporary schoolroom use is discontinued on or before August 31, 2021, the temporary suspension of the transportation impact fees
shall become a permanent waiver of the requirement of the Owner to pay those fees;
NOW, THEREFORE, in consideration of the benefits received by the parties, the sufficiency of which is hereby acknowledged, the parties agree as follows:
COVENANT
THE UNDERSIGNED DECLARANT, being the Owner of the Property, hereby covenants and agrees, on behalf of himself/herself/themselves/itself and his/her/their/its successors and assigns,
as follows:
1.Declarant warrants that he/she/they/itis/are the Owner of the property described in Exhibit A and have the authority to impose this Covenant on the Property and bind all future owners,
successors, and assigns of the Declarant. The Declarant, future owners, successors, and assigns of the Declarant shall be referred to collectively as the “Owners.”
2.The Owners of the Property agree that one room of the church building located on the Property shall be used on a temporary basis as a schoolroom as described in the Recitals above,
which are incorporated herein by this reference, from the effective date of this Covenant through August 31, 2021.
3.The City agrees to suspend the payment of the transportation impact fees required by ECC 3.36.030, in the amount of $__________, from the effective date of this Covenant through August
31, 2021, and shall permanently waive such fees if the Owners discontinue use of the church building room as a schoolroom on or before August 31, 2021. If the Owners fail to do so,
the suspended amount of fees shall become immediately due and owing to the City.
4.Enforcement Action: This Covenant may be specifically enforced against the Owners. Venue for such action shall be proper in Snohomish County, Washington, and service may be made or
notice may be given by posting such service or notice on the Property. Enforcement actions may include, without limitation, payment of the outstanding transportation impact fees, foreclosure
of the lien included herein, or other available remedies.
5.Lien: In addition to the other remedies available to the City as described above, the Owners’ continuing performance of this Covenant is guaranteed by a lien for the amount of the
transportation impact fees not paid at the time of the commencement of the schoolroom use, which amounts to $__________ plus statutory interest from the date of recording. The Owners
acknowledge that, in addition to or in lieu of specific performance, depending on the extent of the performance failure, the City may elect to foreclose the lien if the temporary schoolroom
use continues beyond August 31, 2021.
6.Indemnification: The Owners shall defend, indemnify, and hold harmless the City from and against all losses, claims, suits, judgments or liabilities incurred as a result of the Owners’
actions or failures to act, and as part of such indemnification obligation shall pay all costs and attorneys’ fees, if any, incurred by the City as a result of any such claims or suits.
7.The Owners shallcomply with all applicable laws and regulations of the City, State, and Federal governments.
8.This Covenant shall run with the land and in favor of the City of Edmonds, be binding upon the Owners, and shall be recorded by the Owners in the real property records of Snohomish
County.
9.If any provision of this Covenant shall be held by a court of proper jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall survive and their validity,
legality, or unenforceability shall not in any way be affected or impaired thereby.
10.Nothing in this Covenant shall be deemed to create an agency, partnership, joint venture or employment relationship between the City and the Owners.
11.The Mayor (or designee) shall have the right to modify the conditions of this Covenant to deal with exigent circumstances.
12.Upon the City’s determination that the Owners are in full compliance with all requirements of this Covenant, the City shall record a document that extinguishes this Covenant.
Dated this _____ day of _______________ 2020.
DECLARANT:APPROVED:CITY OF EDMONDS
[Name, Title][Name, Title]
State of Washington
)
)
ss.
County of Snohomish
)
On this day personally appeared before me ___________________________{Declarant} to me known to be the individual described in and who executed the within and foregoing instrument, and
acknowledged that he/she/they/it signed the same as his/her/their/its free and voluntary act and deed, for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN before me this _____ day of _____________, 20__.
(Signature)
(Name legibly printed or stamped)Notary Public in and for the State of Washington.Residing at:My commission expires .
Exhibit A
Legal description