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WHEN RECORDED, RETURN TO: City of Kennewick Customer Service Counter PO Box 6108 Kennewick, WA 99336-0108 COVENANT OF PAYMENT OBLIGATION FOR TRANSPORTATION IMPACT FEE Payment Obligation for the Benefit of Grantee: City of Kennewick, a municipal corporation Entity Indebted to Grantee (“Grantor”): Reference Number(s) of Related Document(s): Legal Description Full description as set forth on attached Exhibit Assessor’s Tax Parcel ID Number: Plat or Building Permit Application Number: Notice is herby given that pursuant to Kennewick Municipal Code (“KMC”) 13.16.060(2) the City of Kennewick (the “City”) and the Grantor voluntarily agree to a deferred payment obligation for Transportation Impact Fees (“Covenant”) against the above-described real property. By entering into this agreement, Grantor waives on behalf of itself, its heirs, successors and assigns, its right to a refund or to contest how the fee(s) are used by the City to address the impacts for which the fee(s) were paid. The amount of the Transportation Impact Fee is: The Transportation Impact Fee is due and owing to the City no later than the closing of sale on the house or eighteen (18) months from the date of building permit issuance, whichever comes first. Grantor’s obligation to pay the fee(s) as described in this instrument shall be a covenant running with the land and shall be binding upon the Grantor, its heirs, successors and assigns. Any costs (including but not limited to the cost of litigation and attorney fees) incurred by the City in the enforcement of this Covenant shall be paid by Grantor. Venue shall be Benton County. All payments shall be made payable to the City of Kennewick and shall be directed to the City of Kennewick at the City Hall Customer Service Counter located at 210 W 6th Avenue, Kennewick, WA 99336 or mailed to the address above. Upon the receipt of notification that a sale is pending and fee(s) are to be paid, the City agrees to deposit into escrow a fully executed Release of Covenant, substantially in the form attached hereto as Exhibit B. The escrow officer shall record the Release of Covenant when funds are disbursed from Rev. 5/15 1 ---PAGE BREAK--- escrow to pay the outstanding fee(s). The City may provide separate escrow instructions consistent with this Covenant. Otherwise, the City will release this Covenant upon Grantor’s payment of the above identified fee(s). City of Kennewick By: Title: Date: Grantor By: STATE OF WASHINGTON ) ) ss. County of Benton ) On the day of 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVE C. YOUNG and TERRI L. WRIGHT, to me known to be the Mayor and City Clerk, respectively, of the City of Kennewick, Washington, the corporation that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed is the corporate seal of the City of Kennewick. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, residing at My Com. STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me to me known to be the of executed the 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20__. Notary’s signature Notary’s printed name Notary Public in and for the State of Washington. My commission Rev. 5/15 2 ---PAGE BREAK--- ATTACHMENT A (LEGAL DESCRIPTION OF PROPERTY) Rev. 5/15 3 ---PAGE BREAK--- ATTACHMENT B (RELEASE OF COVENANT FOR TRANSPORTATION IMPACT FEE) Rev. 5/15 4