9414 21ST DR SE 2016-01-01 MF Import

11. Waiver of Right to Protest LID. The Owner acknowledges that the Properry would be specially benefited by the improvements ("Improvements'� described as set forth in Exhibit C attached hereto and incorpocated herein by this reference. The Owner agrees to sign a petition for the formation of local improvement district ("LID'� or utility local improvement district ("ULID'7 for the Improvements at suc,h time as one is circulated, and the Owner hereby appoints the Mayor of the City as the Owner's attomey-in- fact to sign such a petition in the event the Owner fails or refuses to do so and agrees that such signature shall constitute full authority from the Uwner for formation as if the Owner had signed the petition. With full understanding of the Owner's right to protest formation of an LID or tA.ID to construct the Improvements pursuant to RCW 35.43.180, the Owner agrees to participate in any such LID or ULID and to waive any right to protest formation of the same. The Owner shall retain the right to contest the method of calculating any assessment and the amount thereof, and shall further retain the right to appeal the decision of the City Council affirming the final assessment roll to the superior court. Notwrthstandicsg any other provisions of this Agreement, this waiver of the right to protest formation shall be valid only for a period of ten (10) years from the date of this Agreement. 12. Liens. The Owner understands and agrees that delinquent payments under this Agreement shall constitute a lien upon the Property. If the extension is for sewer service, the lien shall be as provided in RCW 35.67.200 and shall be enforced in accordance with RCW 35.67.220 through RCW 35.67.290, all as now existing or as hereafter amended. If the extension is £or water service, the lien shall be as provided in RCW 35.21.290 and enforced as provided in RCW 35.21.300, all as now existing or as hereafter amended. 13. Covenant. This Agreement shall be recorded with the Snohomish County Auditor and shall constitute a covenant wuung with the land as to the Property and shall be binding on the Owner and the Owner's heirs, successors and assigns. All costs of recording this Agreement shall be bome by tha 0 xner. 14. Termination. In the event the Owner fails to comply with any term or condition of this Agreement, in addition to any other remedies available, the City shall have the right to (a) terminate this Agreement upon ten days' written notice to the Owner and (b) terminate utility service to ihe Property. 15. Attomey's Nees. In any suit or action seeking to enforce any provision of this Agreement, the prevailing p`arty shall be entitled to reasonable atto-ney's fees and costs, in addition to any other remedy provided by taw or this Agreement. 16. Amendments; Assignment. This Agreement may be amended or modified only by a written instrument executed by the Owner and the City. The Owner shall not assign this -4- 199y12030I84