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

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Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and /or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the Developer fails to submit a complete building permit application for the constriction of the hotel within one year, or if the Project construction is not completed within three years, of the effective date of this Agreement; or if at any time after Project construction is completed, Developer fails to maintain the parking areas according to the terms of this Agreement. Nothing in this Agreement shall extend the expiration date of any pen-nit or approval issued by the City for any development. B. This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals identified in this Agreement, or submits applications for development of the Subject Property that are inconsistent with such permits and approvals. C. This Agreement shall terminate at such time as a change of use occurs at 90 Andover Park East, or at such time as 90 Andover Park East is redeveloped. D. This Agreement shall terminate in the event the Washington State Department of Transportation (WSDOT) widens Interstate 405 in the vicinity of the Subject Property, or should any other project or condition arise that requires reconfiguration of Tukwila Parkway and /or the Project parking area. E. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if /when written notice is provided to the City that the Developer's interest in the Project has been terminated. Said notice shall be given to the City no more than 30 days after the Developer's interest in the Project is terminated. F. This Agreement may terminate pursuant to Section IV.,3, Severability, or Section IV.,10, Default, or as otherwise outlined in this Agreement. G. If the use will continue upon expiration of the term of this Agreement, the Developer shall either negotiate a new agreement with the City or provide documentation showing how the number of parking spaces required by the codes at the time of expiration will be provided. EYA