11608 SILVER WAY 2016-01-01 MF Import

]]. Waiver of Right to Protest LID. The Uwner acknowledges that the Property would be specially benefited by the impro�.;ments ("Improvemenu") described as set forth in Lxhibit C attached hereto and incorporated hercin by this reference. T1ic Owner agrees to sign a petition for the formation of local improvement district ("LID") or utility local improvemcnt district ("ULID") for thc Improvements at such time as one is circulated, and the O�vncr hereby appoints the Mayor of the City as the Owner's attomey-in- fact to sign such a petition in the event the Owner Tails or refuses to do so and agrees that such signature shall constiwte full authority from the Owner for formation as if the O�vner had signed thc pelition. Nith Cull understanding of thc Owner's right to protest fortnation of an LID or ULID to construct thc ]mprovements pursuant to RCW 35.43.18Q Uie Owner agrecs to pariicipate in any such LID or ULID and to �vaive any right to protest fornmtion of Qie same. The O�vner shall retnin the right to contest the method of calculating any assessment and the amount thereof, and shall furthcr rctain the right to appcal the decision of thc City Council affirtning the final asscssment roll to the superior court. Nohvithstanding any other provisions of this Agreemcnt, this �vaiver of thc right to protest forniation shall be valid only for a period of ten (10) years from the datc of this Agrcement. 12. Licns. Thc O�vncr understands and agrecs that dclinqucnt payments under this Agrcemcnt shail constitute a licn upon thc Property. If the extension is for se�ver sen�ice, the lien shall Uc as provided in RCW 35.67.200 and shall be cnforced in accordance with RCW 35.67.220 through RCW 35.67.290, all as now existing or as hcreaflcr amcndcd. If the cxtension is for watcr servicc, thc licn shall be as providcd in RCW 35.21.290 and cnforced as provided in RCW 35.21.300, all as now cxisting or as hcrcaflcr amcndcd. 13. Cuvenant. This Agrecment shall be recorded �vith the Snohomish County Auditor and shall constitutc a covenant running with thc land as to the Property and shall bc binding on thc Owncr and the Owner's heirs, successors and assigns. All costs of recording this Agmement shall bc bomc by thc Owncr. 14. "tcrmination. In thc cvcnt thc Owncr fails to comply �vith any tcrm or condition of this AgreemcnL in addition to any other remcdics availablc, the Cit}� shall have the right to (a)tcrminate this Agrcement upon ten days' �vrittcn noticc to the O�mer and (b) terminate utility scrvice to the Property. 15. Attorncy's I�ccs. ln any suit or action seeking to enforcc any provision of this Agrcement, the prcv�iling party shall bc entiUcd to reasonablc attomey's fees and costs, in nddition to any olher remcdy providcd Uy la��or this Agreemcnt. 16. Amcndments; Assigmncnt. This Agrcement may be amended or modified only Uy a �4Titten instrumcnt c�ccuted by thc O�vncr and thc City. The Owner shall not assign this -�1 - Sro�oaet m �� �