The URL can be used to link to this page

Home My WebLink About11-068 - Segale Properties - Sidewalks and Street Landscaping Contract No. 11 -068 Council Approval N/A LANDSCAPING AND SIDEWALK AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC This Landscaping and Sidewalk Agreement "Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city, hereinafter referred to as "the City," and Segale Properties LLC, a Washington limited liability company hereinafter referred to as "Segale Properties," as of the 14 day of March, 2011. WHEREAS, a dispute has arisen regarding the applicable of new Tukwila South Design Review criteria for sidewalk and street landscaping; and WHEREAS, a six foot sidewalk separated from the roadway by a planting strip with street trees is a typical streetscape design in Tukwila on streets serving commercial and industrial areas; and WHEREAS; it is the City's belief that a landscape strip with street trees, located between the roadway and the sidewalk, provides for certain safety and aesthetic functions; and WHEREAS, Segale Properties maintains that conflict with underground utilities prevents them from installing a planting strip between the sidewalk and the street; and WHEREAS, on May 24, 2010, the City issued to Segale Properties permit no. D10 -044 for construction of a commercial building (the "Project and which permit requires certain sidewalk and street landscape improvements that differ from the sidewalk and street landscape standards set forth in this Agreement. IN CONSIDERATION OF the mutual benefits and conditions set forth herein, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to provide standards for sidewalks and street landscaping along Segale Park Drive "A" and Segale Park Drive "C," (collectively "Drives located within the Segale Business Park legally described and depicted on Exhibits A and B, respectively, hereto if and when: (a) Sidewalks along the Drives are to be reconstructed but buildings located within in the Segale Business Park "Business Park are not; (b) The buildings located within the Business Park are to be reconstructed; 1 G: \Tukwila \Segale Sidewalk Agreement JLB edits_SBS Edits- Final.doc (c) Segale Properties requests an amendment to condition 81 (Planning Department Condition #1) of Permit No. D10-044. 2. Standards if Sidewalks are Reconstructed. but Buildings are Not. If any of the sidewalks along the Drives are to be reconstructed but the buildings located within the Business Park are not, the following standards shall apply: (a) Sidewalks shall be eight feet (8') wide as calculated from the front face of curbs; and (b) Sidewalks shall be located directly adjacent to the Drives; and (c) Except in the areas identified on the map attached hereto as Exhibit C, a four -foot (4') wide planting strip shall be located directly adjacent to the sidewalks. The planting strips shall include street trees as provided for in this Agreement; provided, however, that in areas unable to accommodate a four -foot wide planting strip as identified on Exhibit C, a two and one -half feet (2.5') wide planting strip shall be installed without street trees. 3. Standards if Buildings are Reconstructed. If the buildings located along the Drives within the Business Park are demolished and reconstructed, the following standards shall apply: (a) Sidewalks shall be eight feet (8') wide as calculated from the front face of curbs; (b) Sidewalks shall be located directly adjacent to the Drives; and (c) Four -foot (4') wide planting strip shall be located directly adjacent to the sidewalks. The planting strips shall include street trees. 4. Street Tree Tyne Options. The street tree type and the use of a root barrier will prevent tree roots from damaging the sidewalk. A list of street trees appropriate for a five -foot (5') by five -foot (5') tree well or a four -foot (4') wide planter strip is included below. One or more of the following street trees may be used for streetscape planting along the Drives: Tree Common Name Fraxinus oxycarpa Raywood Acer Campestre Field Maple Acer Truncatum Purpleblow Maple /Shantung Maple Carpinus betulus Rastigiata 2 G: \Tukwila \Segale Sidewalk Agreement JLB edits_SBS Edits Final.doc 5. Tree Maintenance. New trees located along the Drives in the Business Park shall be maintained and pruned by Segale Properties, per the recommendations of an International Society of Arboriculture (ISA) certified arborist. 6. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing April 54 2011 and ending 15 years from annexation (12/22/09) unless sooner terminated under the provisions hereinafter specified. 7. Indemnification. The City and Segale Properties shall each indemnify, defend, and hold harmless the other party, its agents, and employees from any and all claims, injuries, damages, losses, or suits, including reasonable attorney's fees and costs, arising out of or resulting from any act or omission of the parties in the performance of this Agreement, except for injuries or damages caused by the sole negligent conduct or omission of the other party. 8. Termination. This Agreement may not be terminated by either party without the mutual written consent of both parties upon at least sixty (60) days' advance written notice by one party to the other of the intention to terminate, provided that this Agreement shall automatically terminate if the City denies Segale Properties' request to amend condition 81 (Planning Department Condition #1) of permit number D10-044. 9. Entire Agreement. This Agreement contains the entire agreement between the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes to the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 10. Notices. Notices to the City shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to Segale Properties shall be sent to the address provided by Segale Properties upon the signature line below. 11. Applicable Law; Venue; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees, expert witness fees, and costs of suit. 3 G: \Tukwila \Segale Sidewalk Agreement JLB edits_SBS Edits- Final.doc CITY OF TUKWILA, WASHINGTON SEGALE PROPERTIES, LLC B l`Y�7 By: y .e 4 Y Ji aggerto p' or Its: P i €,7 f Gtrfr/th 40..4 v Date: V 1 i Date: APP 1 1 1 a 2011 Attest /Authenticated: 1 Christ O'F1iiert"CMC City C1erk Y Y> Y Approved As To Form: 9 e ..i._ ll e keJCity Attorney 4 G: \Tukwila \Segale Sidewalk Agreement JLB edits_SBS Edits Final.doc EXHIBIT A Legal Description of Segale Business Park Parcel No. 3523049121 LOTS 3 4 OF CITY OF TUKWILA SHORT PLAT NO 86 -45 SS RECORDING NO 8609081152 AS AMENDED BY CITY OF TUKWILA LOT LINE ADJ NO 93 -0085 RECORDING NO 9311301961 AS LOT 4 DAF PORTION OF SW 1/4 OF NE 1/4 AND OF GOV LOT 2 5 BEGIN NE CORNER OF SW 1/4 OF NE 1/4 TH S 07 -44 -56 W 346.40 FT TH S 82 -15 -04 E 30 FT TO POB TH N 75 -05 -56 E 75.10 FT TH ALONG CURVE TO LEFT RADIUS OF 409.26 FT THRU C/A OF 58 -14 -17 ARC DISTANCE OF 415.99 FT TAP OF COMPOUND CURVE TH ALONG CURVE TO LEFT RADIUS OF 572.96 FT THRU C/A OF 00 -25 -39 ARC DISTANCE OF 4.28 FT TAP ON S MGN OF S 180TH ST TH NELY ALONG SAID S MGN ON CURVE TO LEFT CENTER BEARING N 03 -56 -50 W RADIUS OF 336 FT THRU C/A OF 16 -23 -31 ARC DISTANCE OF 96.13 FT TH S 36 -31 -53 W 135.86 FT TH ALONG CURVE TO LEFT RADIUS OF 430 FT THRU C/A OF 14 -28 -22 ARC DISTANCE OF 108.63 FEET TH S 22 -03 -26 W 34.28 FT TH ALONG CURVE TO LEFT RADIUS OF 800 FT THRU C/A OF 18 -44 -11 ARC DISTANCE OF 261.61 FT TH S 03 -19 -15 W 141.75 FT TH ALONG CURVE TO LEFT RADIUS OF 3500 FT THRU C/A OF 03 -41 -20 ARC DISTANCE OF 225.34 FT TH S 07 -00 -35 W 20.08 FT TH S 09 -03 -25 W 579.24 FT TH S 06 -44 -45 W 82.23 FT TH N 66 -54 -09 W 338.39 FT TH IN NLY DIRECTION ALONG CURVE TO LEFT CENTER BEARING N 71 -16 -17 W RADIUS OF 2530 FT THRU C/A OF 10 -58 -47 ARC DISTANCE OF 484.83 FT TH N 07 -44 -56 E 610.27 FT TO POB LOT 4 OF CITY OF TUKWILA LOT LINE ADJ NO 93 -0085 RECORDING NO 9311301961 LESS RR R/W ESMT IN NE 1/4 SE 1/4 (OPERATING PROPERTY) Parcel No. 3523049018 PORTION OF GOV LOT 5 IN SE 1/4 OF SECTION 35 -23 -04 BEGIN NW CORNER OF GOV LOT 5 TH S 87 -56 -03 E 1141.94 FT TO POINT OF CURVATURE AND POINT OF BEGINNING TH IN SLY DIRECTION ALONG CURVE TO RIGHT CENTER BEARING N 73 -28 -16 W RADIUS OF 2470 FT THRU C/A OF 09 -57 -44 ARC DISTANCE OF 429.47 FT TH N 69 -15 -04 W 85.77 FT TH N 20 -44 -56 E 12 FT TH N 69 -15 -04 W 180 FT TH S 20 -44 -56 W 511.97 FT TH S 66 -31 -28 E 253.17 FT TH S 29 -14 -18 W 75.38 FT TH S 66 -31 -39 E 262.75 FT TO POINT ON W LINE OF FLOOD CONTROL ESMT RAN DEFINED UNDER K C RESOLUTION NO 31833 UNDER AUDITOR FILES 6014672 6027015 TH NLY ALONG SAID EASEMENT RNV THE FOLLOWING COURSES N 13 -55 -00 E 84.58 FEET TH N 22 -32 -00 E 115.31 FT TH ON CURVE TO RIGHT RADIUS 560 FT THRU C/A OF 23 -39 -57 ARC DISTANCE 231.31 FT TH N 46 -12 -00 E 200 FEET TH ALONG CURVE TO LEFT RADIUS 460 FT THRU C/A OF 25 -46 -59 ARC DISTANCE 207 FT TH ALONG CURVE TO LEFT RADIUS 1000 FT THRU C/A OF 06 -47- 12 ARC LENGTH 118.45 FT TH LEAVING SAID EASEMENT AND RNV N 66 -54 -13 W 338.39 FT TO POINT OF CURVATURE TH IN NLY DIRECTION ALONG CURVE TO LEFT RADIUS 2530 FT THRU C/A OF 02 -33 -00 ARC DISTANCE 112.60 FT TO POINT ON N LINE GOV LOT 5 TH N 87 -56 -03 W 61.91 FT TO POINT OF BEGINNING PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO L99 -0008 RECORDING NO 9906099010 Parcel No. 3523049104 POR GL 5 OF SW 1/4 OF NE 1/4 AS FOLG BEG AT A MONUMENT AT NE COR OF SW 1/4 OF NE 1/4 TH S 07 -44 -56 W 956.67 FT TAP OF CURVE TH ALG A CURVE TO RGT RAD 2500 FT THRU C/A OF 05 -22 -20 ARC DIST 234.41 FT TH N 76 -52 -44 W 30 FT TO TPOB TH N 69 -15 -04 W 55.31 FT TH N 30 -55 -15 W 56.43 FT TH N 82 -15 -04 W 185.24 FT TH S 7 -44 -56 W 51.23 FT TH ALG A CURVE TO RGT RAD 447.465 FT THRU C/A OF 13 -00 -00 ARC DIST OF 108.33 FT TH S 20 -44 -56 W 396 FT TH S 69 -15 -04 E 180 FT TH S 20 -44 -56 W 15 FT TH S 69 -15 -04 E 85.77 FT TH ALG A CURVE TO LFT RAD 2470 FT THRU C/A OF 13 -22 -12 ARC DIST 576.38 FT TO TPOB LESS WLY 10 FT FOR RR R OF W ESMT Parcel No. 3523049119 PAR A OF TUKWILA BLA #L02 -029 REC #20021007900001 SD PAR LOCATED E 1/2 SW 1/4 OF SD SEC Parcel No. 3523049115 PAR E OF TUKWILA BLA #L02 -029 REC #2002100790001 SD PAR LOCATED E 1/2 SW 1/4 OF SD SEC I rek'jC.- ...,-.i o va Safi 1 h STR_EETT__ I I ill"h f 1 s _z( r_ 71, i ,,......ci: i i,, I L 1 i i -1 1 j 1 .4 r Ne i. 1. ii, i r t i I I i t, --ic 1 L----,.-----;.[!, 4( I /1. i a i 5 L.L 0 ..c..p.i., i x cr--. 1 it 6-,,-„,, r 0 "C -DrA.--i .0°.e.- o a 42,.AVINO .„.-------.1 li \PARKWAY'20 PAR Al 2011.dw 44 20h12:20:u'' r-1 E C 1 I `I it, i ii f "F P; C if f "c 1 r .F i s 4 a P //fr l tl a it V .1 /F� 4' �A t F� a,. 4 fl_ANTNO STAP. ACCOMADA7E 4 4 C. a "F 0 a�� a ■.1 i. r /l 4 4, a \PARKWAY 2011 \PARKWAY 2011 \dwo \PARKWAY 2011.dwa, 4/4 2 19 47 PM. erg \SAVIN C3535 PCL6 ---i