09-100 - Segale Properties (La Pianta LLC) - Tukwila South Development Agreement - Ordinance and Development Agreement

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 8, 2009, the City of Tukwila adopted Ordinance No. 2233, which authorized the Mayor to sign and enter into that certain Development Agreement No. 09 -100 (the "Development Agreement between La Pianta LLC and the City of Tukwila relating to the Tukwila South development; and WHEREAS, La Pianta LLC formally changed their name from La Pianta LLC to Segale Properties LLC effective January 1, 2010; and WHEREAS, the City is prepared to begin construction of the Southcenter Parkway Extension project in June 2010, but Segale Properties LLC has not yet obtained final approval of the 404 Permit and the Levee Modification (all as defined in the Development Agreement); and WHEREAS, the Development Agreement provides in Section 4.2 that it will automatically terminate on June 30, 2010 if by that date final approval of the 404 Permit and the Levee Modification have not been obtained; and if the Development Agreement terminates as set forth in Section 4.2, the City will not be able to commence construction of the Southcenter Parkway project in June 2010; and WHEREAS, Segale Properties LLC desires to cooperate with the City in amending the Development Agreement to allow for the commencement of construction of the Southcenter Parkway project in June 2010, including the dedication of necessary right -of -way for the Southcenter Parkway project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Amendment Adopted. The City of Tukwila hereby adopts and authorizes the Mayor to sign the "First Amendment to the Development Agreement By and Between the City of Tukwila and Segale Properties LLC for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 17th day of May 2010. ATTEST/ AUTHENTICATED: C1 j Christy O'Flaherty, CMC, City Clerk APPROVED City of Tukwila Washington Ordinance No. 2289 W Word Processing \Ordinances \Segale Development Agreement.doc SK.ksn 05/12/2010 Jim Haggerton Mayor Filed with the City Clerk: 0 Passed by the City Council: 1 Published: Effective Date: 4 Ordinance Number: Shelley Kerslake City Attorney Exhibit A: First Amendments the Development Agreement By and Between the City of Tukwila and Segale Properties LLC for the Tukwila South Development Page 1 of 1