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Planning 2015-08-27 Item 4 - Holiday Inn Express - Attachment D: Development Agreement
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2015-08-27 Planning Commission / Board of Architectural Review Public Hearing - Holiday Inn Express Hotel
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Planning 2015-08-27 Item 4 - Holiday Inn Express - Attachment D: Development Agreement
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08/27/15
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the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for <br />violations of this Development Agreement and the Code. <br />Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties <br />hereto only and is not intended to benefit any other person or entity, and no person or entity not a <br />signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under <br />this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and <br />provisions of this Agreement. <br />Section 12. Integration. This Agreement and its exhibits represent the entire agreement of the <br />parties with respect to the subject matter hereof. There are not other agreements, oral or written, <br />except as expressly set forth herein. <br />Section 13. Authority. The Parties each represent and warrant that they have full power and <br />actual authority to enter into this Agreement and to carry out all actions required of them by this <br />Agreement. All persons are executing this Agreement in their representative capacities and represent <br />and warrant that they have full power and authority to bind their respective organizations. <br />Section 14. Covenants Running with the Land. The conditions and covenants set forth in <br />this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and <br />burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every <br />purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be <br />obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary <br />thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, <br />sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully <br />perform all of the duties and obligations of a Developer contained in this Agreement, as such duties <br />and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. <br />Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This <br />Agreement may be amended by mutual consent of all of the parties, provided that any such <br />amendment shall follow the process established by law for the adoption of a development agreement <br />(see RCW 36.7013.200). However, nothing in this Agreement shall prevent the City Council from <br />making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or <br />development regulations affecting the Subject Property as the City Council may deem necessary to <br />the extent required by a serious threat to public health and safety. Nothing in this Development <br />Agreement shall prevent the City Council from making any amendments of any type to the <br />Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the <br />Subject Property. <br />Section 16. Releases. Developer, and any subsequent Landowner, may free itself from further <br />obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or <br />transferee expressly assumes the obligations under this Agreement as provided herein. <br />M <br />.• <br />
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