Planning 2015-08-27 Item 4 - Holiday Inn Express - Attachment D: Development Agreement

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f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, building standards. "Existing Land Use Regulations" does not include non -land use regulations, which includes taxes and impact fees. g) "Landowner" is the party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The "Developer" is identified in Section 5 of this Agreement. h) "Project" means the anticipated development of the Subject Property, as specified in Section and as provided for in all associated permits /approvals, and all incorporated exhibits. i) "Vesting date" means the date a valid and fully complete building permit application for the hotel is submitted to the City of Tukwila. Section 4. Exhibits. Exhibits to this Agreement are as follows: A. Exhibit 1 - Legal description of the Subject Property and the right -of -way. B. Exhibit 2 - Conceptual Site Plan Section 5. Parties to Development Agreement. The parties to this Agreement are: A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" or Owner is a private enterprise which owns the Subject Property in fee, and whose principal office is located at 21109 66th Avenue South, Kent, WA 98032. C. The "Landowner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property. Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as explicitly outlined in this Agreement and as authorized in the exercise of its governmental functions. N ..