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

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D. Operations A total of 92 parking spaces are required for the 92 -room hotel as proposed. The site plan in Exhibit 2 includes 98 parking spaces. All parking spaces within the right -of -way of Christensen Road and the hotel parking lot shall be for the joint use of the hotel users and members of the public and at least four spaces shall be designated for non -hotel users to ensure access to the Green River Trail for members of the public. If the final design of the hotel is for less than 92 rooms, then any additional spaces after calculating one space per room plus two spaces shall be designated for non -hotel users. Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. Section 10. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under Shoreline Substantial Development Permit and Design Review. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Existing Land Use Regulations. Section 12. Existing Land Use Fees and Impact Fees. A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and are applicable to permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in Chapters 16.26 and 9.48 of the Tukwila Municipal Code. Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of the Developer and the City. M.