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WHEREAS, Tukwila Municipal Code Section 18.86.030 explicitly allows for flexibility in <br />development standards applicable to a property developed under a development agreement "to <br />achieve public benefits, respond to changing community needs, or encourage modifications which <br />provide the functional equivalent or adequately achieve the purposes of otherwise applicable City <br />standards "; and <br />WHEREAS, this Development Agreement by and between the City of Tukwila and the <br />Developer (hereinafter the "Development Agreement "), relates to the development known as the 90 <br />Andover Park East Hotel, which is located at: 90 Andover Park East (hereinafter the "Subject <br />Property "); and <br />WHEREAS, a development agreement must be approved by ordinance or resolution after a <br />public hearing (RCW 36.70B.200); and <br />WHEREAS, a public hearing for this Development Agreement was held on November 24, <br />2014, and the City Council approved this Development Agreement by Ordinance No. 2473 on March <br />16, 2015; and <br />NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto <br />agree as follows: <br />III. AGREEMENT <br />Section 1. The Project. The Project is the development and use of the Subject Property, <br />located at 90 Andover Park East in the City of Tukwila and a portion of Christensen Road right -of- <br />way for a 92 -room 5 -story hotel and 45 shared parking spaces on Christensen Road right -of -way, as <br />shown on Exhibit 2. <br />Section 2. The Subject Property. The Subject Property and right -of -way are legally <br />described in Exhibit 1, attached hereto and incorporated herein by this reference. <br />Section 3. Definitions. As used in this Development Agreement, the following terms, phrases <br />and words shall have the meanings and be interpreted as set forth in this Section. <br />a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, <br />as required by RCW 36.7013.200. <br />b) "Council" means the duly elected legislative body governing the City of Tukwila. <br />c) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City. <br />d) "Director" means the City's Community Development Director. <br />e) "Effective Date" means the effective date of the Adopting Ordinance. <br />9 <br />43 <br />