recordedcovenantAfter recording return to:
Return Name & Address
City of Edmonds — Clerk's office
121 5"' Avenue N. Edmonds, WA 98020
InIIIIIIIIIIlimillIIImII IIIIII
202012010006
COVENANTS Rec: $108.50
12/1/2020 8:47 AM 6 PG
SNOHOMISH COUNTY, WA
Document Title
Declaration of Covenant — Temporary Schoolroom Use
Reference Number(s) of Related Documents:
BLD2020-0853
Grantor:
Edmonds Lutheran Learning Center — Dawn Siewert, Director
Grantee:
City of Edmonds
Legal Description: (abbreviated form; i.e., lot, plat or section, township, range, quailer/quarter)
Section 31 Township 27 Range 4 Quarter NE SKELTONS LK MC ALEER 5 ACRE
TRS BLK 000 D-08 - LOT B CITY OF ED LLA #PLN2018-0027 REC AFN
201809215002 BEING APTN OF LOTS 25 & 26 SD PLAT (EX ST WA#02278 001)
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
00576700002508
The Auditor/Recorder will rely on the information Provided on this form. The staffwill 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 5"' 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:
8215 236th St SW, Edmonds, WA 98026
Assessor's Parcel Number:
00576700002508
Legal Description:
Church/Child Care Center
Grantor:
Edmonds Lutheran Learning Center,
Dawn Siewert, Director
Grantee:
City of Edmonds, Washington
Related Permit Number(s):
BLD2020-0853
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"), Edmonds Lutheran Learning Center, 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 21, 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 $19027.44 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
$19027.44 in the event the temporary schoolroom use continues beyond August 21, 2021 for any
reason; and
WHEREAS, the City acknowledges and agrees that, if the temporary schoolroom use is
discontinued on or before August 21, 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:
Declarant warrants that he/she/they/it is/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 21, 2021.
The City agrees to suspend the payment of the transportation impact fees required by ECC
3.36.030, in the amount of $19027.44, from the effective date of this Covenant through
August 21, 2021, and shall permanently waive such fees if the Owners discontinue use of
the church building room as a schoolroom on or before August 21, 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 $19027.44 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 21, 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 shall comply 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 1�, day of'1,i p�iY1b?4' 2020.
CLAIZ APPROVED: CITY OF EDMONDS
;t� \,-� !FA) f,1NAtit4Fy-i
[Name, Title] ame, Title] `Mctq:AQA-9
State of Washington )
tA, J w% ) ss.
County of-S+Hekgmish )
On this day personally appeared before me _� ,,�,h V P r s a i.J P r +
{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 12- day of , 202Q
Ki4ig e)
.Ile d
�Q.• \Sst04 F0� (Name legibly printed or stamped)
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W : o� O Notary Public in and for the State of Washington.
o • Y N : pUBI-\G Residing at: ��r,r �'j• c
LIC. No. 986a� : 2 My commission expires t•s , fit'/� n2 �/
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Exhibit A
Legal description
Section 31 Township 27 Range 4 Quarter NE SKELTONS LK MC ALEER 5 ACRE
TRS BLK 000 D-08 - LOT B CITY OF ED LLA #PLN2018-0027 REC AFN
201809215002 BEING APTN OF LOTS 25 & 26 SD PLAT (EX ST WA402278 001)